Introduction
The Kashmir conflict is the territorial conflict over the princely state Azad Jammu and Kashmir between India and Pakistan, flashpoint of a major war and source of permanent tension since partition of sub-continent. Since then the relations between the both countries remained in hot waters. Both nations have fought three major wars and numerous skirmishes and standoffs over the Kashmir. Both nations have their claims for entire Kashmiri territory. China became a third party claimant of the territory. Pakistan has recognized Chinese sovereignty over the Trans-Karakoram Tract and Aksai Chin since 1963. India controls 55% of the land area and 70% of population, Pakistan controls 30% whereas, China controls 15%- rest of the land area. India administers Jammu, the Kashmir Valley, Ladakh, and the Siachen Glacier.[7] Pakistan administers Azad Kashmir and Gilgit-Baltistan. China administers the Aksai Chin region and the mostly uninhabited Trans-Karakoram Tract. The princely state Kashmir is declared as disputed territory according to United Nations Security Council. The matter has to be resolved through a plebiscite of the fate of Kashmiris decided in 1948. But, so far the issue lingers on due to callousness of UNSC and big powers. Kashmiris are butchered, their women raped, children palleted, elderly people killed and men kidnapped by Indian brutal forces in the face of so-called civilized World. Kashmiri people are in wait of any messiah to save and pull them out and liberate from this hell.
Background
The Kashmir dispute dates from 1947. The partition of the Indian sub-continent along religious lines led to the formation of India and Pakistan. However, there remained the problem of over 565 princely states, run by princes, existing within the two newly independent nations. The people had been fighting for freedom from British rule, and with their struggle about to bear fruit they were not willing to let the princes fill the vacuum. Although many princes wanted to be “independent” (which would have meant hereditary monarchies and no hope for independence) they had to succumb to their people’s protests which turned violent in many provinces. Because of its geographic location, Kashmir could choose to join either India or Pakistan. Hari Singh, the Hindu ruler of Muslim majority Kashmir, managed to keep the region independent for two months. He did this by signing a standstill agreement with Pakistan and sending a similar agreement to India, which favored continued discussions. But that changed in October 1947 when Maharaja confiscated armaments from Muslims who were formerly conscripted into British Army. The weapons were distributed to local Hindu village Defense forces and this provoked an uprising supported by the Pashtun tribesmen from Pakistan. The tribesmen were acting without approval of Pakistan. The Maharaja sought military assistance from India but India’s governor general contended that it would be dangerous to send troops to neutral state unless Kashmir first offered to accede to it. To suppress the uprising, the Hindu ruler’s Army, along with the RSS the Hindu extremist organization organized a pogrom against Muslims in Jammu. There’s a dispute over number of Muslims that were massacred and could be anywhere from 20,000 to over 100,000. This massacre was a part of widespread violence in subcontinent in which reportedly 20,000 Hindus and Sikhs were also killed. The Hindu ruler signed a temporary arrangement ceding Kashmir to India on October 26. Pakistan disputed the Maharaja’s accession claiming that he had no right to sign an agreement with India when a standstill agreement with Pakistan still in force. On October 27. Indian troops landed in Kashmir to fight the rebel forces and Pashtun tribesmen. This led to first Indo-Pak war. During the war, the then Prime Minister of India Jawahar laal Nehru promised a referendum. “The fate of the state of Jammu and Kashmir is ultimately to be decided by the people. The pledge we have given, not only to people of Kashmir but also to the world. We will not and can not back out of it.” A little over two months India referred the dispute to the United Nations. A Resolution 47 passed on August 13, 1948 for ‘Peaceful settlement of dispute’ under Chapter VI of UN charter, asking India and Pakistan to remove their troops. Once that happened a referendum was to be held allowing the people of Kashmir to decide their political future. But troops were never withdrawn due to disinterest of both parties and the referendum never happened. On January 1949, a ceasefire was agreed upon and Kashmir became a disputed territory. Ceasefire line became de facto border, splitting Kashmir in two. In 1957, Kashmir was formally incorporated into the Indian Union. It was granted a special status under Article 370 of India’s constitution, which ensures, among other things, that non-Kashmiri Indians cannot buy property there.In Indian administered Kashmir alone, India maintains 900,000 troops who have committed human rights violations like rape, torture, and enforced disappearances. The numbers of people in killed Kashmir are estimated to be from 50,000 to 100,000.
Geography of Princely state Kashmir
The Kashmir region has a total area of about 86,772 square miles (224,739 sq km) and much of it is undeveloped and dominated by large mountain ranges such as the Himalayan and Karakoram ranges. The Vale of Kashmir is located between mountain ranges and there are also several large rivers in the region. Which flows in Pakistan. The most populated areas are Jammu and Azad Kashmir. According to 2011 census, Jammu and Kashmir hosts 12.5 millions people. Muslims are in majority with 68.3% and Hindus are second largest population with 28.4%.
The state of Jammu and Kashmir has acquired since the 19th century a unique geo-political status in the
Indian sub-continent It has contiguous boundaries with (Tajikistan) Central Asian states through Wakhan corridor, Afghanistan, Pakistan, China and Tibet
that deserve constant vigil and as such it has made the State very important geographically, politically,
economically and strategically. Today, Kashmir is divided among Pakistan, India and China. Pakistan controls the northwestern part, while India controls the central and southern portions and China controls its northeastern areas. India controls the largest portion of land at 55%, while Pakistan controls an area of 35% and China 15%.
Wars fought over Kashmir
Four major wars and many border skirmishes have been part of the history due to Kashmir conflict among three nations China, India and Pakistan.
Indo-Pakistani War of 1947
India and Pakistan first went to war in October 1947 after Pakistan supported a Muslim insurgency in Kashmir. India agreed to a request for armed assistance from Kashmir’s Maharaja, in return for accession of the state to India. But the nature of that accession has long been the subject of debate. The war ended on 1 January 1949, with the establishment of a ceasefire line. The status of the territory remained in dispute because an agreed referendum to confirm the accession was never held.
Sino-Indian War of 1962
First Sino-Indian war was fought between India and China in 1962. The flash point of the war was Aksai chin territory a territorial dispute. India claimed it her territory and China said it part of her province Xinjiang. Nehru wanted to maintain political influence in Tibet, that was problem for China. China may also have wanted to establish itself as the preeminent power in the region by giving India a bloody nose. Nehru used Forward Policy, tried to establish border posts and drive back Chinese troops. Amid the border skirmishes, On October 20 China launched two attacks. The Indian army unfamiliar to mountainous geography could not sustain before Chinese troops and faced a devastating defeat. China maintained her control over that part of Kashmir.
Indo-Pak war 1965–71
n 1965 and 1971, heavy fighting broke out again between India and Pakistan. The Indo-Pakistani War of 1971 resulted in the defeat of Pakistan and the surrender of the Pakistani military in East Pakistan (now Bangladesh), which led to the signing of The Simla Agreement between India and Pakistan. Regional tensions were reduced by the Simla accord of 1972 and by Pakistan’s recognition of Bangladesh in 1974. The Simla accord committed both sides to working through outstanding issues bilaterally and through the mechanism of working groups. In relation to Jammu and Kashmir, the two countries agreed that the ceasefire line, which was renamed the Line of Control, would be respected by both sides “without prejudice to the recognized positions of either side”.
Kargil Conflict-1999
Conflict again erupted after India launched air strikes against Pakistani-backed forces that had infiltrated Indian-administered Kashmir. Fighting built up towards a direct conflict between the two states and tens of thousands of people were reported to have fled their homes on both sides of the ceasefire line. Both sides claimed victory in the conflict, which ended when, under pressure from the United States, the then Prime Minister Nawaz Sharif called upon the infiltrating forces to withdraw.
2001 military standoff
Tension along the ceasefire line continued. In October 38 people were killed after an attack on the Kashmiri assembly in Srinagar. A month later, 14 people were killed in an attack on the Indian parliament in Delhi. India again blamed Pakistani-backed Kashmiri militants. Pakistan denied allegations and President Musharraf pledged that Pakistan would not allow the use of its soil for militancy and terrorism. A dramatic build up of troops along the Indo-Pakistan border ensued.
Historical developments since partition;
In 1949, The United Nations negotiates a ceasefire line to end the fighting and recommends a referendum to determine control of Kashmir. The referendum is never held.
On Oct 17, 1949, A ‘temporary provision’ in Indian constitution added under Article 370. That provision granted special rights state Jammu and Kashmir lawfully authorized to draft a separate Constitution, a separate flag and autonomy over internal administration. The Constituent Assembly of Jammu and Kashmir was empowered to apply or abrogate Article 370.
In 1954, Article 35A added to Indian Constitution that secures the “special status” of Jammu and Kashmir, which maintained significant autonomy upon joining India. The law grants the set of rights including, citizenship, immovable property rights, employment rights and other social benefits per the BBC.
Pakistani and Indian leaders reached on an agreement in 1972 what becomes known as the Simla Agreement, establishing the Line of Control (LoC) in Kashmir. It’s a provisional border. Moreover, it was decided to resolve the issues between both countries bilaterally.
India revokes constitutional provisions guaranteeing the special status of Jammu and Kashmir on August 5, 2019, and brings the state under direct rule of India. The action made to change the demography of the Kashmiris as non- Kashmiris under new rule were allowed to buy property in Kashmir. As a party of International dispute, Pakistan rejected this unilateral act and added that it will not hurt the ‘Special Status’ of Kashmir enshrined in UNSC resolution.
Current Situation in Jammu and Kashmir
Since India scrapped the ‘Special Status’ of Jammu and Kashmir, it increased the size of troops and imposed curfew in whole state and cut off all communication lines. The state is in lockdown situation since 5 August, 2019. The move downgraded the diplomatic ties with Pakistan and suspended trade.
The curfew, crackdown & impending genocide of Kashmiris in IOK is unfolding exactly acc to RSS ideology inspired by Nazi ideology. Attempt is to change demography of Kashmir through ethnic cleansing. Question is: Will the world watch & appease as they did Hitler at Munich?
this lockdown has entered the 230th consecutive day. Kashmiris have also launched a similar “curfew clock” campaign in London and New York to highlight the awful curfew imposed by the Modi’s government in the disputed Himalayan state after stripping it of its semi-autonomous constitutional status last year. India has also been maintaining a media and communication blackout in the valley ever since. Mobile and broadband internet services have yet not been fully restored. It is, no doubt, both unprecedented and the longest internet blackout imposed by a democracy in the world. Pakistan has also launched a proactive diplomatic campaign primarily to sensitize the international community towards a grave humanitarian issue which essentially involves more than 70 million Kashmiris. A large section of the international media has been extensively covering these unfortunate events in IOK. But regrettably, the global community has yet not adequately responded to an inhumane lockdown imposed in the valley by India for such a long time. The tweet reads: “Dear world, how is the lockdown going?” Though this tweet is ironic a bit in the context of current lockdown-like situation in the world in the wake of coronavirus pandemic, the statement, however, epitomizes the miseries and sufferings of oppressed people in IOK who are under a strict lockdown for more than 7 months. Indeed, the so-called lockdown in the world following the coronavirus outbreak is not comparable with the current lockdown imposed by India in IOK. The latter is by all means more intense and inhuman than the former.
Human Rights violations in Jammu and Kashmir
Human rights abuses have been a part of the campaign of the Indian army against Muslim Kashmiris, particularly after 1990. The oppression has been manifested in the following types of human rights abuses: “disappearances”, torture, rape and molestation of Muslim women.
Some rights groups in Kashmir say the toll could be close to 100,000 from the revolt which began in late 1989 (Express Tribune). New government data shows Indian officials have arrested nearly 4,000 people in Indian-administered Kashmir since taking away the state’s special status, Reuters found. The Kashmiri-Canadian reported that 6,300 Kashmiri women have been raped. Rape is a method used to attack Kashmiri women who Indian security forces accuse of sympathizing with the militants. By raping these women, the security forces are aiming to punish and humiliate the entire community.” The Association of the Parents of Disappeared Persons in Jammu and Kashmir (APDP) alleges that more than 10,000 people are missing in Jammu and Kashmir. The government has admitted that nearly 4,000 people are missing. The pellet guns used by Indian security forces since 2010, have caused severe injuries in India-administered Kashmir, injuring thousands and blinding hundreds in the disputed region.
Why Kashmir dispute is unresolved so far while other similar cases resolved?
Kashmir dispute is the oldest unresolved conflict on planet Earth. Other similar cases got independence using the ‘Right to self-determination’.
There was a claim of Indonesian forced occupation by the people of East Timor. The nature of the issue had same colonial legacy. UN supervised a referendum in East Timor in 1999. People of the East Timor voted in favor of separate state. East Timor got independence and came into existence as an independent nation state. The region hosts majority of catholic Christian population. The country-Indonesia from she got independence, is a Muslim nation state.
South Sudan gained independence from Sudan on 9 July 2011. On July 9, 2011, South Sudan of non-Muslim majority formally declared independence from Sudan following six years of autonomy and 20 years of war. The proclamation of independence came after a referendum that saw a nearly 99 percent vote in favor of secession. The declaration was greeted with widespread international recognition. The country was admitted as a member of the UN on July 14 and as a member of the African Union (AU).
Why Jammu and Kashmir Kashmir dispute lingers on?
Kashmiris still waiting for messiah to come and pull them out from the abyss of hell and save from atrocities they have been enduring from past seven decades. Yet UNSC and world’s big powers are ignorant towards helpless poor Kashmir. There are two reasons behind, why the dispute is unresolved? The Muslim majority Jammu and Kashmir is under occupation of non-Muslim country. The Islamophobic attitude of international community kept the dispute unresolved. Second, the regional interests of the big powers are bigger than humanity. Kashmir dispute is the permanent source of tension and reason behind deteriorated relation of two countries. Peace and stability in the region would allow the region to prosperous especially regional powers India and China. That is against the regional interests of US and western powers. US and western powers sway the UN and back India unlawful occupation and grave human rights violations.
Way forward
Muslims count 24% of the world population and 8.1% of the GDP. There are 57 nation states of Muslims in world. Muslims control major natural resources of the world and almost trading routes. These are very pivotal variables. Muslims should unite themselves by following the teachings of Prophet Muhammad. Al-Nu’man ibn Bashir reported: The Messenger of Allah, peace and blessings be upon him, said, “The parable of the believers in their affection, mercy, and compassion for each other is that of a body. When any limb aches, the whole body reacts with sleeplessness and fever.” Source: Ṣaḥīḥ al-Bukhārī 5665, Ṣaḥīḥ Muslim 2586
All Muslim countries should mobilize their energies and unite ummah at one platform. There should be a strong organization that work collectively for Muslims’ interests and protect Ummah from atrocities and other injustices. Proxies of Saudi Arabia and Iran made dysfunctional Organization of Islamic Council (OIC). In addition, This organization should ask for permanent seat in United Nations Security Council. These both platform would push the world to resolve the disputes of Muslim World.
https://tribune.com.pk/story/228506/40000-people-killed-in-kashmir-india/
https://www.hrw.org/news/2007/02/15/india-investigate-all-disappearances-kashmir
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