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Kashmir conflict

The Kashmir conflict is a territorial conflict over the Kashmir region, primarily between India and Pakistan, and also between China and India in the northeastern portion of the region.[1][2] The conflict started after the partition of India in 1947 as both India and Pakistan claimed the entirety of the former princely state of Jammu and Kashmir. It is a dispute over the region that escalated into three wars between India and Pakistan and several other armed skirmishes. India controls approximately 55% of the land area of the region that includes Jammu, the Kashmir Valley, most of Ladakh, the Siachen Glacier,[3][4] and 70% of its population; Pakistan controls approximately 30% of the land area that includes Azad Kashmir and Gilgit-Baltistan; and China controls the remaining 15% of the land area that includes the Aksai Chin region, the mostly uninhabited Trans-Karakoram Tract, and part of the Demchok sector.[3][note 1]

India claims the entire erstwhile British Indian princely state of Jammu and Kashmir based on an instrument of accession signed in 1947. Pakistan claims most of the region based on its Muslim-majority population, whereas China claims the largely uninhabited regions of Aksai Chin and the Shaksgam Valley.

After the partition of India and a rebellion in the western districts of the state, Pakistani tribal militias invaded Kashmir, leading the Hindu ruler of Jammu and Kashmir to join India.[11] The resulting Indo-Pakistani War ended with a UN-mediated ceasefire along a line that was eventually named the Line of Control.[12][13] In 1962, China invaded and fought a war with India along the disputed Indo-Chinese border, including in Indian administered-Ladakh, marking their entry to the Kashmir conflict.[14] In 1965, Pakistan attempted to infiltrate Indian-administered Kashmir to precipitate an insurgency there, resulting in another war fought by the two countries over the region. After further fighting during the war of 1971, the Simla Agreement formally established the Line of Control between the territories under Indian and Pakistani control.[15][16] In 1999, an armed conflict between the two countries broke out again in Kargil with no effect on the status quo.[17]

Since 1989, Kashmiri protest movements were created to voice Kashmir's disputes and grievances with the Indian government in the Indian-controlled Kashmir Valley,[18][19] with some Kashmiri separatists in armed conflict with the Indian government based on the demand for self-determination.[18][19][20][21][22] Targeted violence by the insurgents also resulted in the large-scale migration of Kashmiri Hindus out of the Kashmir Valley in the early 1990s.[23] The 2010s were marked by further unrest erupting within the Kashmir Valley. The 2010 Kashmir unrest began after an alleged fake encounter between local youth and security forces.[24] Thousands of youths pelted security forces with rocks, burned government offices, and attacked railway stations and official vehicles in steadily intensifying violence.[25] The Indian government blamed separatists and Lashkar-e-Taiba, a Pakistan-based militant group, for stoking the 2010 protests.[26] The 2016 Kashmir unrest erupted after the killing of a Hizbul Mujahideen militant, Burhan Wani, by Indian security forces.[27] Further unrest in the region erupted after the 2019 Pulwama attack.[28]

According to scholars, Indian forces have committed many human rights abuses and acts of terror against the Kashmiri civilian population, including extrajudicial killing, rape, torture, and enforced disappearances.[21][29][30] According to Amnesty International, no member of the Indian military deployed in Jammu and Kashmir has been tried for human rights violations in a civilian court as of June 2015, although military courts-martial have been held.[31] Amnesty International has also accused the Indian government of refusing to prosecute perpetrators of abuses in the region.[32] Moreover, there have been instances of human rights abuses in Azad Kashmir, including but not limited to political repressions and forced disappearances.[33] Brad Adams, the Asia director at Human Rights Watch said in 2006 "Although 'Azad' means 'free', the residents of Azad Kashmir are anything but free. The Pakistani authorities govern Azad Kashmir with strict controls on basic freedoms".[34] The OHCHR reports on Kashmir released two reports on "the situation of human rights in Indian-Administered Kashmir and Pakistan-Administered Kashmir".

India–Pakistan conflict

Background

The Afghan Durrani Empire ruled Kashmir from 1752[35] until its 1819 conquest by the Sikh Empire under Ranjit Singh. The Raja of Jammu Gulab Singh, who was a vassal of the Sikh Empire and an influential noble in the Sikh court, sent expeditions to various border kingdoms and ended up encircling Kashmir by 1840. Following the First Anglo-Sikh War (1845–1846), Kashmir was ceded under the Treaty of Lahore to the East India Company, which transferred it to Gulab Singh through the Treaty of Amritsar, in return for the payment of indemnity owed by the Sikh empire. Gulab Singh took the title of the Maharaja of Jammu and Kashmir.

From 1846 till the 1947 partition of India, Kashmir was ruled by maharajas of Gulab Singh's Dogra dynasty, as a princely state under British Paramountcy. The British Raj managed the defence, external affairs, and communications for the princely state and stationed a British Resident in Srinagar to oversee the internal administration. According to the 1941 census, the state's population was 77 percent Muslim, 20 percent Hindu and 3 percent others (Sikhs and Buddhists).[36] Despite its Muslim majority, the princely rule was an overwhelmingly a Hindu-dominated state.[37] The Muslim majority suffered under the high taxes of the administration and had few opportunities for growth and advancement.[38]

Partition and invasion

British rule in the Indian subcontinent ended in 1947 with the creation of new states: the dominions of Pakistan and India, as the successor states to British India. The British Paramountcy over the 562 Indian princely states ended. According to the Indian Independence Act 1947, "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States".[39][40] States were thereafter left to choose whether to join India or Pakistan or to remain independent. Jammu and Kashmir, the largest of the princely states, had a predominantly Muslim population ruled by the Hindu Maharaja Hari Singh. He decided to stay independent because he expected that the State's Muslims would be unhappy with accession to India, and the Hindus and Sikhs would become vulnerable if he joined Pakistan.[41][42] On 11 August, the Maharaja dismissed his prime minister Ram Chandra Kak, who had advocated independence. Observers and scholars interpret this action as a tilt towards accession to India.[42][43] Pakistanis decided to preempt this possibility by wresting Kashmir by force if necessary.[44]

Pakistan made various efforts to persuade the Maharaja of Kashmir to join Pakistan. In July 1947, Mohammad Ali Jinnah is believed to have written to the Maharaja promising "every sort of favourable treatment," followed by the lobbying of the State's Prime Minister by leaders of Jinnah's Muslim League party. Faced with the Maharaja's indecision on accession, the Muslim League agents clandestinely worked in Poonch to encourage the local Muslims to an armed revolt, exploiting an internal unrest regarding economic grievances. The authorities in Pakistani Punjab waged a 'private war' by obstructing supplies of fuel and essential commodities to the State. Later in September, Muslim League officials in the Northwest Frontier Province, including the Chief Minister Abdul Qayyum Khan, assisted and possibly organized a large-scale invasion of Kashmir by Pathan tribesmen.[45]: 61 [46] Several sources indicate that the plans were finalised on 12 September by the Prime Minister Liaquat Ali Khan, based on proposals prepared by Colonel Akbar Khan and Sardar Shaukat Hayat Khan. One plan called for organising an armed insurgency in the western districts of the state and the other for organising a Pushtoon tribal invasion. Both were set in motion.[47][48]

The Jammu division of the state got caught up in the Partition violence. Large numbers of Hindus and Sikhs from Rawalpindi and Sialkot started arriving in March 1947 following massacres in Rawalpindi, bringing "harrowing stories of Muslim atrocities." According to Ilyas Chattha, this provoked counter-violence on Jammu Muslims, which had "many parallels with that in Sialkot."[49] The violence in the eastern districts of Jammu that started in September, developed into a widespread 'massacre' of Muslims around October, organised by the Hindu Dogra troops of the State and perpetrated by the local Hindus, including members of the Rashtriya Swayamsevak Sangh, and the Hindus and Sikhs displaced from the neighbouring areas of West Pakistan. The Maharaja himself was implicated in some instances. A large number of Muslims were killed. Others fled to West Pakistan, some of whom made their way to the western districts of Poonch and Mirpur, which were undergoing rebellion. Many of these Muslims believed that the Maharaja ordered the killings in Jammu which instigated the Muslims in West Pakistan to join the uprising in Poonch and help in the formation of the Azad Kashmir government.[50]

The rebel forces in the western districts of Jammu were organised under the leadership of Sardar Ibrahim, a Muslim Conference leader. They took control of most of the western parts of the State by 22 October. On 24 October, they formed a provisional Azad Kashmir (free Kashmir) government based in Palandri.[51]

Accession

 
The Instrument of Accession of Kashmir to India was accepted by the Governor General of India, Lord Mountbatten.

Justice Mehr Chand Mahajan, the Maharaja's nominee for his next prime minister, visited Nehru and Patel in Delhi on 19 September 1947, requesting essential supplies which had been blockaded by Pakistan since the beginning of September. He communicated the Maharaja's willingness to accede to India. Nehru, however, demanded that the jailed political leader, Sheikh Abdullah, be released from prison and involved in the state government. Only then would he allow the state to accede.[52][53] The Maharaja released Sheikh Abdullah on 29 September.[43]

The Maharaja's troops could not withstand the tribal militia attack in September and October 1947; they were heavily outnumbered and outgunned by the tribal militias, and were also facing internal rebellions from Muslim troops. The Maharaja made an urgent plea to Delhi for military assistance. Upon the Governor General Lord Mountbatten's insistence, India required the Maharaja to accede before it could send troops. Accordingly, the Maharaja signed an instrument of accession on 26 October 1947, which was accepted by the Governor General the next day.[54][55][56] While the Government of India accepted the accession, it added the proviso that it would be submitted to a "reference to the people" after the state is cleared of the invaders, since "only the people, not the Maharaja, could decide where Kashmiris wanted to live."; it was a provisional accession.[57][58][note 2] The largest political party, National Conference, headed by Sheikh Abdullah, endorsed the accession. In the words of the National Conference leader Syed Mir Qasim, India had the "legal" as well as "moral" justification to send in the army through the Maharaja's accession and the people's support of it.[59][note 3]

The Indian troops, which were airlifted in the early hours of 27 October, secured the Srinagar airport. The city of Srinagar was being patrolled by the National Conference volunteers with Hindus and Sikhs moving about freely among Muslims, an "incredible sight" to visiting journalists. The National Conference also worked with the Indian Army to secure the city.[60]

In the north of the state lay the Gilgit Agency, which had been leased by British India but returned to the Maharaja shortly before Independence. Gilgit's population did not favour the State's accession to India. Sensing their discontent, Major William Brown, the Maharaja's commander of the Gilgit Scouts, mutinied on 1 November 1947, overthrowing the Governor Ghansara Singh. The bloodless coup d'état was planned by Brown to the last detail under the code name "Datta Khel". Local leaders in Gilgit formed a provisional government (Aburi Hakoomat), naming Raja Shah Rais Khan as the president and Mirza Hassan Khan as the commander-in-chief. But, Major Brown had already telegraphed Khan Abdul Qayyum Khan asking Pakistan to take over. According to historian Yaqoob Khan Bangash, the provisional government lacked sway over the population which had intense pro-Pakistan sentiments.[61] Pakistan's Political Agent, Khan Mohammad Alam Khan, arrived on 16 November and took over the administration of Gilgit.[62][63] According to various scholars, the people of Gilgit as well as those of Chilas, Koh Ghizr, Ishkoman, Yasin, Punial, Hunza and Nagar joined Pakistan by choice.[64][65][66][67]

Indo-Pakistani War of 1947

Rebel forces from the western districts of the State and the Pakistani Pakhtoon tribesmen[note 4][note 5] made rapid advances into the Baramulla sector. In the Kashmir valley, National Conference volunteers worked with the Indian Army to drive out the 'raiders'.[note 6] The resulting First Kashmir War lasted until the end of 1948.

The Pakistan army made available arms, ammunition and supplies to the rebel forces who were dubbed the "Azad Army". Pakistani army officers "conveniently" on leave and the former officers of the Indian National Army were recruited to command the forces. In May 1948, the Pakistani army officially entered the conflict, in theory to defend the Pakistan borders, but it made plans to push towards Jammu and cut the lines of communications of the Indian forces in the Mendhar valley.[68] C. Christine Fair notes that this was the beginning of Pakistan using irregular forces and "asymmetric warfare" to ensure plausible deniability, which has continued ever since.[69]

On 1 November 1947, Mountbatten flew to Lahore for a conference with Jinnah, proposing that, in all the princely States where the ruler did not accede to a Dominion corresponding to the majority population (which would have included Junagadh, Hyderabad as well as Kashmir), the accession should be decided by an "impartial reference to the will of the people". Jinnah rejected the offer. According to Indian scholar A. G. Noorani, Jinnah ended up squandering his leverage.[70]

Pakistani soldiers and tribesman captured Rajouri on 7 November 1947, which began the Rajouri Massacres of 30,000+ Hindus and Sikhs, locals and refugees from Partition. The massacres would only end with the Indian Army recapturing Rajouri in April 1948.[71]

On 25 November, the Pakistani tribesmen and soldiers attacked and took over Mirpur, and began the Mirpur Massacre of Hindus and Sikhs in the area. An estimated 20,000+ Hindus and Sikhs were killed overall. Rapes and other crimes were also committed during the aftermath.[72]

According to Jinnah, India acquired the accession through "fraud and violence".[73] A plebiscite was unnecessary and states should accede according to their majority population. He was willing to urge Junagadh to accede to India in return for Kashmir. For a plebiscite, Jinnah demanded simultaneous troop withdrawal for he felt that 'the average Muslim would never have the courage to vote for Pakistan' in the presence of Indian troops and with Sheikh Abdullah in power. When Mountbatten countered that the plebiscite could be conducted by the United Nations, Jinnah, hoping that the invasion would succeed and Pakistan might lose a plebiscite, again rejected the proposal, stating that the Governors Generals should conduct it instead. Mountbatten noted that it was untenable given his constitutional position and India did not accept Jinnah's demand of removing Sheikh Abdullah.[74][note 7]

Prime Ministers Nehru and Liaquat Ali Khan met again in December, when Nehru informed Khan of India's intention to refer the dispute to the United Nations under article 35 of the UN Charter, which allows the member states to bring to the Security Council attention situations 'likely to endanger the maintenance of international peace'.[75]

Nehru and other Indian leaders were afraid since 1947 that the "temporary" accession to India might act as an irritant to the bulk of the Muslims of Kashmir. V.P. Menon, Secretary in Patel's Ministry of States, admitted in an interview in 1964 that India had been absolutely dishonest on the issue of plebiscite.[76] A.G. Noorani blames many Indian and Pakistani leaders for the misery of Kashmiri people but says that Nehru was the main culprit.[77]

UN mediation

India sought resolution of the issue at the UN Security Council, despite Sheikh Abdullah's opposition to it.[note 6] Following the set-up of the United Nations Commission for India and Pakistan (UNCIP), the UN Security Council passed Resolution 47 on 21 April 1948. The measure called for an immediate cease-fire and called on the Government of Pakistan 'to secure the withdrawal from the state of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting.' It also asked Government of India to reduce its forces to minimum strength, after which the circumstances for holding a plebiscite should be put into effect 'on the question of Accession of the state to India or Pakistan.' However, it was not until 1 January 1949 that the ceasefire could be put into effect, signed by General Douglas Gracey on behalf of Pakistan and General Roy Bucher on behalf of India.[78] However, both India and Pakistan failed to arrive at a truce agreement due to differences over interpretation of the procedure for and the extent of demilitarisation. One sticking point was whether the Azad Kashmiri army was to be disbanded during the truce stage or at the plebiscite stage.[79]

The UNCIP made three visits to the subcontinent between 1948 and 1949, trying to find a solution agreeable to both India and Pakistan.[80] It reported to the Security Council in August 1948 that "the presence of troops of Pakistan" inside Kashmir represented a "material change" in the situation. A two-part process was proposed for the withdrawal of forces. In the first part, Pakistan was to withdraw its forces as well as other Pakistani nationals from the state. In the second part, "when the Commission shall have notified the Government of India" that Pakistani withdrawal has been completed, India was to withdraw the bulk of its forces. After both the withdrawals were completed, a plebiscite would be held.[81][note 8] The resolution was accepted by India but effectively rejected by Pakistan.[note 9]

The Indian government considered itself to be under legal possession of Jammu and Kashmir by virtue of the accession of the state. The assistance given by Pakistan to the rebel forces and the Pakhtoon tribes was held to be a hostile act and the further involvement of the Pakistan army was taken to be an invasion of Indian territory. From the Indian perspective, the plebiscite was meant to confirm the accession, which was in all respects already complete, and Pakistan could not aspire to an equal footing with India in the contest.[82]

The Pakistan government held that the state of Jammu and Kashmir had executed a standstill agreement with Pakistan which precluded it from entering into agreements with other countries. It also held that the Maharaja had no authority left to execute accession because his people had revolted and he had to flee the capital. It believed that the Azad Kashmir movement, as well as the tribal incursions, were indigenous and spontaneous, and Pakistan's assistance to them was not open to criticism.[83]

In short, India required an asymmetric treatment of the two countries in the withdrawal arrangements, regarding Pakistan as an 'aggressor', whereas Pakistan insisted on parity. The UN mediators tended towards parity, which was not to India's satisfaction.[84] In the end, no withdrawal was ever carried out, India insisting that Pakistan had to withdraw first, and Pakistan contending that there was no guarantee that India would withdraw afterwards.[85] No agreement could be reached between the two countries on the process of demilitarisation.[note 10]

Cold War historian Robert J. McMahon states that American officials increasingly blamed India for rejecting various UNCIP truce proposals under various dubious legal technicalities just to avoid a plebiscite. McMahon adds that they were "right" since a Muslim majority made a vote to join Pakistan the "most likely outcome" and postponing the plebiscite would serve India's interests.[86]

Scholars have commented that the failure of the Security Council efforts of mediation owed to the fact that the Council regarded the issue as a purely political dispute without investigating its legal underpinnings.[note 11] Declassified British papers indicate that Britain and the US had let their Cold War calculations influence their policy in the UN, disregarding the merits of the case.[note 12]

Dixon Plan

 
Sir Owen Dixon, UN mediator

The UNCIP appointed its successor, Sir Owen Dixon, to implement demilitarisation prior to a statewide plebiscite on the basis of General McNaughton's scheme, and to recommend solutions to the two governments.[87][88][89] Dixon's efforts for a statewide plebiscite came to naught due to India's constant rejection of the various alternative demilitarisation proposals, for which Dixon rebuked India harshly.[90]

Dixon then offered an alternative proposal, widely known as the Dixon plan. Dixon did not view the state of Jammu and Kashmir as one homogeneous unit and therefore proposed that a plebiscite be limited to the Valley. Dixon agreed that people in Jammu and Ladakh were clearly in favour of India; equally clearly, those in Azad Kashmir and the Northern Areas wanted to be part of Pakistan. This left the Kashmir Valley and 'perhaps some adjacent country' around Muzaffarabad in uncertain political terrain.[91] Pakistan did not accept this plan because it believed that India's commitment to a plebiscite for the whole state should not be abandoned.[92][93][94]

Dixon also had concerns that the Kashmiris, not being high-spirited people, may vote under fear or improper influences.[95] Following Pakistan's objections, he proposed that Sheikh Abdullah administration should be held in "commission" (in abeyance) while the plebiscite was held. This was not acceptable to India which rejected the Dixon plan. Another grounds for India's rejection of the limited plebiscite was that it wanted Indian troops to remain in Kashmir for "security purposes", but would not allow Pakistani troops the same. However, Dixon's plan had encapsulated a withdrawal by both sides. Dixon had believed a neutral administration would be essential for a fair plebiscite.[96]

Dixon came to the conclusion that India would never agree to conditions and a demilitarization which would ensure a free and fair plebiscite.[97][98] Dixon's failure also compounded American ambassador Loy Henderson's misgivings about Indian sincerity and he advised the US to maintain a distance from the Kashmir dispute, which the US subsequently did, and leave the matter for Commonwealth nations to intervene in.[99]

1950 military standoff

The convening of the Constituent Assembly in Indian Kashmir in July 1950 proved contentious. Pakistan protested to the Security Council which informed India that this development conflicted with the parties' commitments. The National Conference rejected this resolution and Nehru supported this by telling Dr Graham that he would receive no help in implementing the Resolution.[100] A month later Nehru adopted a more conciliatory attitude, telling a press conference that the Assembly's actions would not affect India's plebiscite commitment. The delay caused frustration in Pakistan and Zafrullah Khan went on to say that Pakistan was not keeping a warlike mentality but did not know what Indian intransigence would lead Pakistan and its people to. India accused Pakistan of ceasefire violations and Nehru complained of 'warmongering propaganda' in Pakistan.[101] On 15 July 1951 the Pakistani Prime Minister complained that the bulk of the Indian Army was concentrated on the Indo-Pakistan border.[102]

The prime ministers of the two countries exchanged telegrams accusing each other of bad intentions. Liaquat Ali Khan rejected Nehru's charge of warmongering propaganda.[note 13] Khan called it a distortion of the Pakistani press' discontent with India over its persistence in not holding a plebiscite and a misrepresentation of the desire to liberate Kashmir as an anti-Indian war. Khan also accused India of raising its defence budget in the past two years, a charge which Nehru rejected while expressing surprise at Khan's dismissal of the 'virulent' anti-Indian propaganda. Khan and Nehru also disagreed on the details of the no-war declarations. Khan then submitted a peace plan calling for a withdrawal of troops, settlement in Kashmir by plebiscite, renouncing the use of force, end to war propaganda and the signing of a no-war pact.[103] Nehru did not accept the second and third components of this peace plan. The peace plan failed. While an opposition leader in Pakistan did call for war, leaders in both India and Pakistan did urge calm to avert disaster.[104]

The Commonwealth had taken up the Kashmir issue in January 1951. Australian Prime Minister Robert Menzies suggested that a Commonwealth force be stationed in Kashmir; that a joint Indo-Pakistani force be stationed in Kashmir and the plebiscite administrator be entitled to raise local troops while the plebiscite would be held. Pakistan accepted these proposals but India rejected them because it did not want Pakistan, who was in India's eyes the 'aggressor', to have an equal footing.[105] The UN Security Council called on India and Pakistan to honour the resolutions of plebiscite both had accepted in 1948 and 1949. The United States and Britain proposed that if the two could not reach an agreement then arbitration would be considered. Pakistan agreed but Nehru said he would not allow a third person to decide the fate of four million people. Korbel criticised India's stance towards a ″valid″ and ″recommended technique of international co-operation.″[106][107]

However, the peace was short-lived. Later by 1953, Sheikh Abdullah, who was by then in favour of resolving Kashmir by a plebiscite, an idea which was "anathema" to the Indian government according to historian Zutshi,[108] fell out with the Indian government. He was dismissed and imprisoned in August 1953. His former deputy, Bakshi Ghulam Mohammad was appointed as the prime minister, and Indian security forces were deployed in the Valley to control the streets.[109][110]

Nehru's plebiscite offer

In May 1953, the US Secretary of State John Foster Dulles recommended India and Pakistan seek a bilateral solution.[111][112] Around this time, Sheikh Abdullah fell out with the Indian government and lost the support of his colleageues in his cabinet. He was dismissed and imprisoned in August 1953. His former deputy, Bakshi Ghulam Mohammad was appointed as the prime minister, and Indian security forces were deployed in the Valley to control the streets.[109][110]

With India's "abridged authority" in Kashmir, Nehru decided that a settlement must be found. India could not hold Kashmir "at the point of a bayonet". Starting in July 1953, he made a renewed push on the plebiscite option in discussions with Pakistan. In bilateral talks held in Delhi in August 1953, he proposed that a plebiscite administrator be appointed within six months. Other than demanding that the plebiscite administrator not be from one of the major powers, he placed no other conditions.[109][110] Historian Gowher Rizvi notes a "dramatic reversal" of India's earlier position. "Nehru was now willing to offer virtually everything that Pakistan had been seeking since 1947".[113] Nehru suggested that the plebiscite could be held in all regions of the state and the state could be partitioned on the basis of the results. He was open to a "different approach" to the scaling back of troops in the State so as to allow a free vote.[109][110]

Pakistani prime minister Bogra was able to return home triumphantly. However, in the face of questions and criticisms from colleagues, his commitment began to waver. The main objection from the Pakistani leaders was to Nehru's demand for replacing the plebiscite administrator (Admiral Nimitz, appointed by the UN Security Council) with somebody from a smaller neutral power that had no strategic interests in the region. Pakistanis suspected sinister motives and time was whittled away.[114][115]

Cold War

The USA in February 1954 announced that it wanted to provide military aid to Pakistan. The US signed a military pact with Pakistan in May by which Pakistan would receive military equipment and training. The US president tried to alleviate India's concerns by offering similar weaponry to India. This was an unsuccessful attempt.[116] Nehru's misgivings about the US-Pakistan pact made him hostile to a plebiscite.[117] Consequently, when the pact was concluded in May 1954, Nehru withdrew the plebiscite offer and declared that the status quo was the only remaining option.[118]

Nehru's withdrawal from the plebiscite option came as a major blow to all concerned.[119] Scholars have suggested that India was never seriously intent on holding a plebiscite, and the withdrawal came to signify a vindication of their belief.[120][124][125]

Indian writer Nirad C. Chaudhuri has observed that Pakistan's acceptance of Western support ensured its survival.[126] He believed that India intended to invade Pakistan twice or thrice during the period 1947–1954. For scholar Wayne Wilcox, Pakistan was able to find external support to counter "Hindu superiority", returning to the group security position of the early 20th century.[127]

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.[128] Aksai Chin, part of which was under Chinese jurisdiction before the war,[129][130][131][132] remained under Chinese control since then. Another smaller area, the Trans-Karakoram, was demarcated as the Line of Control (LOC) between China and Pakistan, although some of the territory on the Chinese side is claimed by India to be part of Kashmir. The line that separates India from China in this region is known as the "Line of Actual Control".[133]

Operation Gibraltar and 1965 Indo-Pakistani war

Following its failure to seize Kashmir in 1947, Pakistan supported numerous 'covert cells' in Kashmir using operatives based in its New Delhi embassy. After its military pact with the United States in the 1950s, it intensively studied guerrilla warfare through engagement with the US military. In 1965, it decided that the conditions were ripe for a successful guerilla war in Kashmir. Code named 'Operation Gibraltar', companies were dispatched into Indian-administered Kashmir, the majority of whose members were razakars (volunteers) and mujahideen recruited from Pakistan-administered Kashmir and trained by the Army. These irregular forces were supported by officers and men from the paramilitary Northern Light Infantry and Azad Kashmir Rifles as well as commandos from the Special Services Group. About 30,000 infiltrators are estimated to have been dispatched in August 1965 as part of the 'Operation Gibraltar'.[134]

The plan was for the infiltrators to mingle with the local populace and incite them to rebellion. Meanwhile, guerilla warfare would commence, destroying bridges, tunnels and highways, as well as Indian Army installations and airfields, creating conditions for an 'armed insurrection' in Kashmir.[135] If the attempt failed, Pakistan hoped to have raised international attention to the Kashmir issue.[136] Using the newly acquired sophisticated weapons through the American arms aid, Pakistan believed that it could achieve tactical victories in a quick limited war.[137]

However, the 'Operation Gibraltar' ended in failure as the Kashmiris did not revolt. Instead, they turned in infiltrators to the Indian authorities in substantial numbers, and the Indian Army ended up fighting the Pakistani Army regulars. Pakistan claimed that the captured men were Kashmiri 'freedom fighters', a claim contradicted by the international media.[138][note 14] On 1 September, Pakistan launched an attack across the Cease Fire Line, targeting Akhnoor in an effort to cut Indian communications into Kashmir. In response, India broadened the war by launching an attack on Pakistani Punjab across the international border. The war lasted until 23 September, ending in a stalemate. Following the Tashkent Agreement, both the sides withdrew to their pre-conflict positions, and agreed not to interfere in each other's internal affairs.

1971 Indo-Pakistani war and Simla Agreement

 
The Line of Control between India and Pakistan agreed in the Simla Agreement (UN Map)

The Indo-Pakistani War of 1971 led to a loss for Pakistan and a military surrender in East Pakistan. Bangladesh was created as a separate state with India's support and India emerged as a clear regional power in South Asia.[139]

A bilateral summit was held at Simla as a follow-up to the war, where India pushed for peace in South Asia.[140][141] At stake were 5,139 square miles (13,310 km2) of Pakistan's territory captured by India during the conflict, and over 90,000 prisoners of war held in Bangladesh. India was ready to return them in exchange for a "durable solution" to the Kashmir issue. Diplomat J. N. Dixit states that the negotiations at Simla were painful and tortuous, and almost broke down. The deadlock was broken in a personal meeting between the Prime Ministers Zulfikar Ali Bhutto and Indira Gandhi, where Bhutto acknowledged that the Kashmir issue should be finally resolved and removed as a hurdle in India-Pakistan relations; that the cease-fire line, to be renamed the Line of Control, could be gradually converted into a de jure border between India and Pakistan; and that he would take steps to integrate the Pakistani-controlled portions of Jammu and Kashmir into the federal territories of Pakistan.[140] However, he requested that the formal declaration of the Agreement should not include a final settlement of the Kashmir dispute as it would endanger his fledgling civilian government and bring in military and other hardline elements into power in Pakistan.[142]

Accordingly, the Simla Agreement was formulated and signed by the two countries, whereby the countries resolved to settle their differences by peaceful means through bilateral negotiations and to maintain the sanctity of the Line of Control. Multilateral negotiations were not ruled out, but they were conditional upon both sides agreeing to them.[143]: 49–50  To India, this meant an end to the UN or other multilateral negotiations. However Pakistan reinterpreted the wording in the light of a reference to the "UN charter" in the agreement, and maintained that it could still approach the UN. The United States, United Kingdom and most Western governments agree with India's interpretation.[144]

The Simla Agreement also stated that the two sides would meet again for establishing durable peace. Reportedly Bhutto asked for time to prepare the people of Pakistan and the National Assembly for a final settlement. Indian commentators state that he reneged on the promise. Bhutto told the National Assembly on 14 July that he forged an equal agreement from an unequal beginning and that he did not compromise on the right of self-determination for Jammu and Kashmir. The envisioned meeting never occurred.[145]

Internal conflict

Political movements during the Dogra rule (1846–1947)

In 1932 Sheikh Abdullah, a Kashmiri, and Chaudhry Ghulam Abbas, a Jammuite, led the founding of the All-Jammu and Kashmir Muslim Conference in order to agitate for the rights of Muslims in the state.[146] In 1938, they renamed the party National Conference in order to make it representative of all Kashmiris independent of religion.[147][148] The move brought Abdullah closer to Jawaharlal Nehru, the rising leader of the Congress party.[149] The National Conference eventually became a leading member of the All-India States Peoples' Conference, a Congress-sponsored confederation of the political movements in the princely states.

Three years later, rifts developed within the Conference owing to political, regional and ideological differences. A faction of the party's leadership grew disenchanted with Abdullah's leanings towards Nehru and the Congress, and his secularisation of Kashmiri politics.[150][151][152][153] Consequently, Abbas broke away from the National Conference and revived the old Muslim Conference in 1941, in collaboration with Mirwaiz Yusuf Shah. These developments indicated fissures between the ethnic Kashmiris and Jammuites, as well as between the Hindus and Muslims of Jammu.[154] Muslims in the Jammu region were Punjabi-speaking and felt closer affinity to Punjabi Muslims than with the Valley Kashmiris.[155] In due course, the Muslim Conference started aligning itself ideologically with the All-India Muslim League, and supported its call for an independent 'Pakistan'.[150] The Muslim Conference derived popular support among the Muslims of the Jammu region, and some from the Valley.[156][157] Conversely, Abdullah's National Conference enjoyed influence in the Valley.[157] Chitralekha Zutshi states that the political loyalties of Valley Kashmiris were divided in 1947, but the Muslim Conference failed to capitalise on it due its fractiousness and the lack of a distinct political programme.[158]

In 1946, the National Conference launched the 'Quit Kashmir' movement, asking the Maharaja to hand the power over to the people. The movement came under criticism from the Muslim Conference, who charged that Abdullah was doing it to boost his own popularity, waning because of his pro-India stance. Instead, the Muslim Conference launched a 'campaign of action' similar to Muslim League's programme in British India. Both Abdullah and Abbas were imprisoned.[159] By 22 July 1947, the Muslim Conference started calling for the state's accession to Pakistan.[160]

The Dogra Hindus of Jammu were originally organised under the banner of All Jammu and Kashmir Rajya Hindu Sabha, with Prem Nath Dogra as a leading member.[161] In 1942, Balraj Madhok arrived in the state as a pracharak of the Rashtriya Swayamsevak Sangh (RSS). He established branches of the RSS in Jammu and later in the Kashmir Valley. Prem Nath Dogra was also the chairman (sanghchalak) of the RSS in Jammu.[162][163] In May 1947, following the Partition plan, the Hindu Sabha threw in its support to whatever the Maharaja might decide regarding the state's status, which in effect meant support for the state's independence. However, following the communal upheaval of the Partition and the tribal invasion, its position changed to supporting the accession of the state to India and, subsequently, full integration of Jammu with India.[164][165] In November 1947, shortly after the state's accession to India, the Hindu leaders launched the Jammu Praja Parishad with the objective of achieving the "full integration" of Jammu and Kashmir with India, opposing the "communist-dominated anti-Dogra government of Sheikh Abdullah."[162][166]

Autonomy and plebiscite (1947–1953)

Article 370 was drafted in the Indian constitution granting special autonomous status to the state of Jammu and Kashmir, as per Instrument of Accession. This article specifies that the State must concur in the application of laws by Indian parliament, except those that pertain to Communications, Defence and Foreign Affairs. Central Government could not exercise its power to interfere in any other areas of governance of the state.

In a broadcast on 2 November 1947, Prime Minister Jawaharlal Nehru announced that the fate of Kashmir would ultimately be decided by the people, once law and order was established, through a referendum "held under international auspices like the United Nations."[167] A similar pledge was made by the Government of India when the Kashmir dispute was referred to the UN Security Council on 1 January 1948.[167] By some accounts Mountbatten had an understanding with Nehru that a referendum on the region's future would be held later.[168]

Sheikh Abdullah took oath as Prime Minister of the state on 17 March 1948. In 1949, the Indian government obliged Hari Singh to leave Jammu and Kashmir and yield the government to Sheikh Abdullah. Karan Singh, the son of the erstwhile Maharajah Hari Singh was made the Sadr-i-Riyasat (Constitutional Head of State) and the Governor of the state.

Elections were held for the Constituent Assembly of Jammu and Kashmir in 1951, with 75 seats allocated for the Indian administered part of Kashmir, and 25 seats left reserved for the Pakistan administered part. Sheikh Abdullah's National Conference won all 75 seats in a rigged election.[169][170] In October 1951, Jammu & Kashmir National Conference under the leadership of Sheikh Abdullah formed the Constituent Assembly of Jammu and Kashmir to formulate the Constitution of the state. Sheikh initially wanted the Constituent Assembly to decide the State's accession. But this was not agreed to by Nehru, who stated that such "underhand dealing" would be very bad, as the matter was being decided by the UN.[171]

Sheikh Abdullah was said to have ruled the state in an undemocratic and authoritarian manner during this period.[172]

According to historian Zutshi, in the late 1940s, most Kashmiri Muslims in Indian Kashmir were still debating the value of the state's association with India or Pakistan. By the 1950s, she says, the National Conference government's repressive measures and the Indian state's seeming determination to settle the state's accession to India without a reference to the people of the state brought Kashmiri Muslims to extol the virtues of Pakistan and condemn India's high-handedness in its occupation of the territory, and even those who had been in India's favour began to speak in terms of the state's association with Pakistan.[173]

In early 1949, an agitation was started by Jammu Praja Parishad, a Hindu nationalist party which was active in the Jammu region, over the ruling National Conference's policies. The government swiftly suppressed it by arresting as many as 294 members of the Praja Parishad including Prem Nath Dogra, its president. Though Sheikh's land reforms were said to have benefited the people of rural areas, Praja Parishad opposed the 'Landed Estates Abolition Act', saying it was against the Indian Constitutional rights, for implementing land acquisition without compensation. Praja Parishad also called for the full integration with the rest of India, directly clashing with the demands of National Conference for complete autonomy of the state. On 15 January 1952, students staged a demonstration against the hoisting of the state flag alongside the Indian Union flag. They were penalised, giving rise to a big procession on 8 February. The military was called out and a 72-hour curfew imposed. N. Gopalaswami Ayyangar, the Indian Central Cabinet minister in charge of Kashmir affairs, came down to broker peace, which was resented by Sheikh Abdullah.[174][170]

In order to break the constitutional deadlock, Nehru invited the National Conference to send a delegation to Delhi. The '1952 Delhi Agreement' was formulated to settle the extent of applicability of the Indian Constitution to the Jammu and Kashmir and the relation between the State and Centre. It was reached between Nehru and Abdullah on 24 July 1952. Following this, the Constituent Assembly abolished the monarchy in Kashmir, and adopted an elected Head of State (Sadr-i Riyasat). However, the Assembly was reluctant to implement the remaining measures agreed to in the Delhi Agreement.[175][176]

In 1952, Sheikh Abdullah drifted from his previous position of endorsing accession to India to insisting on the self-determination of Kashmiris.[177]

The Praja Parishad undertook a civil disobedience campaign for a third time in November 1952, which again led to repression by the state government. The Parishad accused Abdullah of communalism (sectarianism), favouring the Muslim interests in the state and sacrificing the interests of the others. The Jana Sangh joined hands with the Hindu Mahasabha and Ram Rajya Parishad to launch a parallel agitation in Delhi. In May 1953, Shyama Prasad Mukherjee, a prominent Indian leader of the time and the founder of Hindu nationalist party Bharatiya Jana Sangh (later evolved as BJP), made a bid to enter Jammu and Kashmir after denying to take a permit, citing his rights as an Indian citizen to visit any part of the country. Abdullah prohibited his entry and promptly arrested him when he attempted. An estimated 10,000 activists were imprisoned in Jammu, Punjab and Delhi, including Members of Parliament. Unfortunately, Mukherjee died in detention on 23 June 1953, leading to an uproar in whole India and precipitating a crisis that went out of control.[178][175]

Observers state that Abdullah became upset, as he felt, his "absolute power" was being compromised in India.[179]

Meanwhile, Nehru's pledge of a referendum to people of Kashmir did not come into action. Sheikh Abdullah advocated complete independence and had allegedly joined hands with US to conspire against India.[180]

On 8 August 1953, Sheikh Abdullah was dismissed as Prime Minister by the Sadr-i-Riyasat Karan Singh on the charge that he had lost the confidence of his cabinet. He was denied the opportunity to prove his majority on the floor of the house. He was also jailed in 1953 while Sheikh's dissident deputy, Bakshi Ghulam Mohammad was appointed as the new Prime Minister of the state.[181]

Period of integration and rise of Kashmiri separatism (1954–1974)

From all the information I have, 95 per cent of Kashmir Muslims do not wish to be or remain Indian citizens. I doubt therefore the wisdom of trying to keep people by force where they do not wish to stay. This cannot but have serious long-term political consequences, though immediately it may suit policy and please public opinion.

— Jayaprakash Narayan's letter to Nehru, May 1, 1956.[182]

Bakshi Mohammad implemented all the measures of the '1952 Delhi Agreement'.[183] In May 1954, as a subsequent to the Delhi agreement,[184] The Constitution (Application to Jammu and Kashmir) Order, 1954, is issued by the President of India under Article 370, with the concurrence of the Government of the State of Jammu and Kashmir. In that order, the Article 35A is added to the Constitution of India to empower the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents.[185]

On 15 February 1954, under the leadership of Bakshi Mohammad, the Constituent Assembly of Jammu and Kashmir ratified the state's accession to India.[186][187] On 17 November 1956, the Constitution of Jammu and Kashmir was adopted by the Assembly and it came into full effect on 26 January 1957.[188] On 24 January 1957, the UN passed a resolution stating that the decisions of the Constituent Assembly would not constitute a final disposition of the State, which needs to be carried out by a free and impartial plebiscite.[189]

Meanwhile in Pakistan administered Azad Jammu and Kashmir, the 1955 Poonch uprising begins in February 1955 against the governments dismissal of Sardar Ibrahim Khan. The rebellion would only be quashed in 1956.[190]

After the overthrow of Sheikh Abdullah, his lieutenant Mirza Afzal Beg formed the Plebiscite Front on 9 August 1955 to fight for the plebiscite demand and the unconditional release of Sheikh Abdullah. The activities of the Plebiscite Front eventually led to the institution of the infamous Kashmir Conspiracy Case in 1958 and two other cases. On 8 August 1958, Abdullah was arrested on the charges of these cases.[191]

India's Home Minister, Pandit Govind Ballabh Pant, during his visit to Srinagar in 1956, declared that the State of Jammu and Kashmir was an integral part of India and there could be no question of a plebiscite to determine its status afresh, hinting that India would resist plebiscite efforts from then on.[192]

After the mass unrest due to missing of holy relic from the Hazratbal Shrine on 27 December 1963, the State Government dropped all charges in the Kashmir Conspiracy Case as a diplomatic decision, on 8 April 1964. Sheikh Abdullah was released and returned to Srinagar where he was accorded a great welcome by the people of the valley. After his release he was reconciled with Nehru. Nehru requested Sheikh Abdullah to act as a bridge between India and Pakistan and make President Ayub Khan of Pakistan agree to come to New Delhi for the talks for a final solution of the Kashmir problem. President Ayub Khan also sent telegrams to Nehru and Sheikh Abdullah with the message that as Pakistan too was a party to the Kashmir dispute any resolution of the conflict without its participation would not be acceptable to Pakistan. Sheikh Abdullah went to Pakistan in the spring of 1964. President Ayub Khan held extensive talks with him to explore various avenues for solving the Kashmir problem and agreed to come to Delhi in mid June for talks with Nehru as suggested by him. Even the date of his proposed visit was fixed and communicated to New Delhi. However, while Abdullah was still in Pakistan, news came of the sudden death of Nehru on 27 May 1964. The peace initiative died with Nehru.[193]

After Nehru's death in 1964, Abdullah was interned from 1965 to 1968 and exiled from Kashmir in 1971 for 18 months. The Plebiscite Front was also banned. This was allegedly done to prevent him and the Plebiscite Front which was supported by him, from taking part in elections in Kashmir.[194]

On 21 November 1964, the Articles 356 and 357 of the Indian Constitution were extended to the state, by virtue of which the Central Government can assume the government of the State and exercise its legislative powers. On 24 November 1964, the Jammu and Kashmir Assembly passed a constitutional amendment changing the elected post of Sadr-i-Riyasat to a centrally-nominated post of "Governor" and renaming "Prime Minister" to "Chief Minister", which is regarded as the "end of the road" for the Article 370, and the Constitutional autonomy guaranteed by it.[188] On 3 January 1965, prior to 1967 Assembly elections, the Jammu and Kashmir National Conference dissolved itself and merged into the Indian National Congress, as a marked centralising strategy.[195]

After Indo-Pakistani War of 1965, Kashmiri nationalists Amanullah Khan and Maqbool Bhat, along with Hashim Qureshi, in 1966, formed another Plebiscite Front in Azad Kashmir with an armed wing called the National Liberation Front (NLF), with the objective of freeing Kashmir from Indian occupation and then liberating the whole of Jammu and Kashmir. Later in 1976, Maqbool Bhat is arrested on his return to the Valley. Amanullah Khan moved to England and there NLF was renamed Jammu and Kashmir Liberation Front (JKLF).

Shortly after 1965 war, Kashmiri Pandit activist and writer, Prem Nath Bazaz wrote that the overwhelming majority of Kashmir's Muslims were unfriendly to India and wanted to get rid of the political setup, but did not want to use violence for this purpose. He added : "It would take another quarter century of repression and generation turnover for the pacifist approach to yield decisively as armed struggle, qualifying Kashmiris as 'reluctant secessionists'."[196]

In 1966 the Indian opposition leader Jayaprakash wrote to Indian Prime Minister Indira Gandhi that India rules Kashmir by force.[196]

In 1974, the State Subject law was officially abolished in Gilgit Baltistan, which allowed any Pakistani to settle and buy land.[197]

Revival of National Conference (1975–1983)

In 1971, the declaration of Bangladesh's independence was proclaimed on 26 March by Sheikh Mujibur Rahman, and subsequently the Bangladesh Liberation War broke out in erstwhile East Pakistan between Pakistan and Bangladesh which was later joined by India, and subsequently war broke out on the western border of India between India and Pakistan, both of which culminated in the creation of Bangladesh.

It is said that, Sheikh Abdullah, watching the alarming turn of events in the subcontinent, realized that for the survival of the region, there was an urgent need to stop pursuing confrontational politics and promoting solution of issues by a process of reconciliation and dialogue. Critics of Sheikh hold the view that he gave up the cherished goal of plebiscite for gaining Chief Minister's chair. He started talks with the then Prime Minister Indira Gandhi for normalizing the situation in the region and came to an accord with her, called 1975 Indira-Sheikh accord, by giving up the demand for a plebiscite in lieu of the people being given the right to self-rule by a democratically elected Government (as envisaged under article 370 of the Constitution of India), rather than the "puppet government" which is said to have ruled the state until then.[198] Sheikh Abdullah revived the National Conference, and Mirza Afzal Beg's Plebiscite Front was dissolved in the NC. Sheikh assumed the position of Chief Minister of Jammu and Kashmir again after 11 years. Later in 1977, the Central Government and the ruling Congress Party withdrew its support so that the State Assembly had to be dissolved and mid term elections called. Sheikh's party National Conference won a majority (47 out of 74 seats) in the subsequent elections, on the pledge to restore Jammu and Kashmir's autonomy, and Sheikh Abdullah was re-elected as Chief Minister. The 1977 Assembly election is regarded as the first "free and fair" election in the Jammu and Kashmir state.[199][200][201]

He remained as Chief Minister of Jammu and Kashmir until his death in 1982. Later his eldest son Farooq Abdullah succeeded him as the Chief Minister of the state.

During the 1983 Assembly elections, Indira Gandhi campaigned aggressively, raising the bogey of a 'Muslim invasion' in the Jammu region because of the Resettlement Bill, passed by the then NC government, which gave Kashmiris who left for Pakistan between 1947 and 1954 the right to return, reclaim their properties and resettle. On the other hand, Farooq Abdullah allied with the Mirwaiz Maulvi Mohammed Farooq for the elections and charged that the state's autonomy had been eroded by successive Congress Party governments. The strategies yielded dividends and the Congress won 26 seats, while the NC secured 46. Barring an odd constituency, all victories of the Congress were in the Jammu and Ladakh regions, while NC swept the Kashmir Valley. This election is said to have cemented the political polarization on religious lines in the Jammu and Kashmir state.[202][203]

After the results of the 1983 election, the Hindu nationalists in the state were demanding stricter central government control over the state whereas Kashmir's Muslims wanted to preserve the state's autonomy. Islamic fundamentalist groups clamoured for a plebiscite. Maulvi Farooq challenged the contention that there was no longer a dispute on Kashmir. He said that the people's movement for plebiscite would not die even though India thought it did when Sheikh Abdullah died.[203]

In 1983, learned men of Kashmiri politics testified that Kashmiris had always wanted to be independent. But the more serious-minded among them also realised that this is not possible, considering Kashmir's size and borders.[203]

According to historian Mridu Rai, for three decades Delhi's handpicked politicians in Kashmir had supported the State's accession to India in return for generous disbursements from Delhi. Rai states that the state elections were conducted in Jammu and Kashmir, but except for the 1977 and 1983 elections no state election was fair.[204]

Kashmiri Pandit activist Prem Nath Bazaz wrote that if free elections were held, the majority of seats would be won by those not friendly to India.[196]

Rise of the separatist movement and Islamism (1984–1986)

Increasing anti-Indian protests took place in Kashmir in the 1980s. The Soviet-Afghan jihad and the Islamic Revolution in Iran were becoming sources of inspiration for large numbers of Kashmiri Muslim youth. The state authorities responded with increasing use of brute force to simple economic demands. Both the pro-Independence Jammu and Kashmir Liberation Front (JKLF) and the pro-Pakistan Islamist groups including JIJK mobilised the fast growing anti-Indian sentiments among the Kashmiri population.[205] 1984 saw a pronounced rise in terrorist violence in Kashmir. When Kashmir Liberation Front militant Maqbool Bhat was executed in February 1984, strikes and protests by Kashmiri nationalists broke out in the region. Large numbers of Kashmiri youth participated in widespread anti India demonstrations, which faced heavy handed reprisals by Indian state forces.[206][207] Critics of the then Chief Minister, Farooq Abdullah, charged that Abdullah was losing control. His visit to Pakistan administered Kashmir became an embarrassment, where according to Hashim Qureshi, he shared a platform with Kashmir Liberation Front. Though Abdullah asserted that he went on behalf of Indira Gandhi and his father, so that sentiments there could "be known first hand", few people believed him. There were also allegations that he had allowed Khalistan terrorist groups to train in Jammu province, although those allegations were never proved. On 2 July 1984, Ghulam Mohammad Shah, who had support from Indira Gandhi, replaced his brother-in-law Farooq Abdullah and became the chief minister of Jammu and Kashmir, after Abdullah was dismissed, in what was termed as a political "coup".[207]

In 1986 some members of the JKLF crossed over to Pakistan to receive arms training but the Jamaat Islami Jammu Kashmir, which saw Kashmiri nationalism as contradicting Islamic universalism and its own desire for merging with Pakistan, did not support the JKLF movement. As late as that year, Jamaat member Syed Ali Shah Geelani, who later became a supporter of Kashmir's armed revolt, urged that the solution for the Kashmir issue be arrived at through peaceful and democratic means.[208] To achieve its goal of self-determination for the people of Jammu and Kashmir the Jamaat e Islami's stated position was that the Kashmir issues be resolved through constitutional means and dialogue.[209]

Shah's administration, which did not have the people's mandate, turned to Islamists and opponents of India, notably the Molvi Iftikhar Hussain Ansari, Mohammad Shafi Qureshi and Mohinuddin Salati, to gain some legitimacy through religious sentiments. This gave political space to Islamists who previously lost overwhelmingly, allegedly due to massive rigging,[210] in the 1983 state elections.[207] In 1986, Shah decided to construct a mosque within the premises of an ancient Hindu temple inside the New Civil Secretariat area in Jammu to be made available to the Muslim employees for 'Namaz'. People of Jammu took to streets to protest against this decision, which led to a Hindu-Muslim clash.[211] On his return to Kashmir valley in February 1986, Gul Shah retaliated and incited the Kashmiri Muslims by saying Islam khatrey mein hey (trans. Islam is in danger). As a result, communal violence gripped the region, in which Hindus were targeted, especially the Kashmiri pandits, who later in the year 1990, fled the valley in large numbers. During the Anantnag riot in February 1986, although no Hindu was killed, many houses and other properties belonging to Hindus were looted, burnt or damaged.[212][213]

Shah called in the army to curb the violence on the Hindus, but it had little effect. His government was dismissed on 12 March 1986, by the then Governor Jagmohan following communal riots in south Kashmir. This led Jagmohan to rule the state directly.

Jagmohan is said to have failed to distinguish between the secular forms and Islamist expressions of Kashmiri identity, and hence saw that identity as a threat. This failure was exploited by the Islamists of the valley, who defied the 'Hindu nationalist' policies implemented during Jagmohan's tenure, and thereby gained momentum. The political fight was hence being portrayed as a conflict between "Hindu" New Delhi (Central Government), and its efforts to impose its will in the state, and "Muslim" Kashmir, represented by political Islamists and clerics.[214] Jagmohan's pro-Hindu bias in the administration led to an increase in the appeal of the Muslim United Front.[215]

1987 state elections

An alliance of Islamic parties organized into Muslim United Front (MUF) to contest the 1987 state elections.[216] Culturally, the growing emphasis on secularism led to a backlash with Islamic parties becoming more popular.[217] MUF's election manifesto stressed the need to solve all outstanding issues according to the Simla agreement, work for Islamic unity and against political interference from the centre. Their slogan was wanting the law of the Quran in the Assembly.[218]

There was highest recorded participation in this election. 80% of the people in the Valley voted. MUF received victory in only 4 of the contested 43 electoral constituencies despite its high vote share of 31 per cent (this means that its official vote in the Valley was larger than one-third). The elections were widespreadly believed to have been rigged by the ruling party National Conference, allied with the Indian National Congress.[219][220][221][222] In the absence of rigging, commentators believe that the MUF could have won fifteen to twenty seats, a contention admitted by the National Conference leader Farooq Abdullah.[222][223] Scholar Sumantra Bose, on the other hand. opines that the MUF would have won most of the constituencies in the Kashmir Valley.[224]

BBC News reported that Khem Lata Wukhloo, who was a leader of the Congress party at the time, admitted the widespread rigging in Kashmir. He stated: I remember that there was a massive rigging in 1987 elections. The losing candidates were declared winners. It shook the ordinary people's faith in the elections and the democratic process.[225]

Meanwhile in Pakistan administered Gilgit Baltistan, the state sponsored 1988 Gilgit Massacre led by Osama bin Laden and other extremist groups take place.[226]

1989 popular insurgency and militancy

In the years since 1990, the Kashmiri Muslims and the Indian government have conspired to abolish the complexities of Kashmiri civilization. The world it inhabited has vanished: the state government and the political class, the rule of law, almost all the Hindu inhabitants of the valley, alcohol, cinemas, cricket matches, picnics by moonlight in the saffron fields, schools, universities, an independent press, tourists and banks. In this reduction of civilian reality, the sights of Kashmir are redefined: not the lakes and Mogul gardens, or the storied triumphs of Kashmiri agriculture, handicrafts and cookery, but two entities that confront each other without intermediary: the mosque and the army camp.

— British journalist James Buchan[227]

In 1989, a widespread popular and armed insurgency[228][229] started in Kashmir. After the 1987 state legislative assembly election, some of the results were disputed. This resulted in the formation of militant wings and marked the beginning of the Mujahadeen insurgency, which continues to this day.[230][231] India contends that the insurgency was largely started by Afghan mujahadeen who entered the Kashmir valley following the end of the Soviet–Afghan War.[231] Yasin Malik, a leader of one faction of the Jammu Kashmir Liberation Front (JKLF), was one of the Kashmiris to organise militancy in Kashmir, along with Ashfaq Majeed Wani, Javaid Ahmad Mir, and Abdul Hamid Sheikh. Since 1995, Malik has renounced the use of violence and calls for strictly peaceful methods to resolve the dispute. Malik developed differences with one of the senior leaders, Farooq Siddiqui (alias Farooq Papa), for shunning demands for an independent Kashmir and trying to cut a deal with the Indian Prime Minister. This resulted in a split in which Bitta Karate, Salim Nanhaji, and other senior comrades joined Farooq Papa.[232][233] Pakistan claims these insurgents are Jammu and Kashmir citizens, and are rising up against the Indian army as part of an independence movement. Amnesty International has accused security forces in Indian-controlled Kashmir of exploiting an Armed Forces (Special Powers) Act that enables them to "hold prisoners without trial". The group argues that the law, which allows security forces to detain individuals for up to two years without presenting charges violates prisoners' human rights.[234][235] In 2011, the state humans right commission said it had evidence that 2,156 bodies had been buried in 40 graves over the last 20 years.[235] The authorities deny such accusations. The security forces say the unidentified dead are militants who may have originally come from outside India. They also say that many of the missing people have crossed into Pakistan-administered Kashmir to engage in militancy.[235] However, according to the state human rights commission, among the identified bodies 574 were those of "disappeared locals", and according to Amnesty International's annual human rights report (2012) it was sufficient for "belying the security forces' claim that they were militants".[236]

India claims these insurgents are Islamic terrorist groups from Pakistan-administered Kashmir and Afghanistan, fighting to make Jammu and Kashmir a part of Pakistan.[235][237] Indian analysts[238] and the JKLF have accused Pakistan of training and backing terrorists.[239][240] India states that the terrorists have killed many citizens in Kashmir and committed human rights violations whilst denying that their own armed forces are responsible for human rights abuses. On a visit to Pakistan in 2006, former Chief Minister of Kashmir Omar Abdullah remarked that foreign militants were engaged in reckless killings and mayhem in the name of religion.[241] Indian authorities said in 2008 and 2021 that militancy was on the decline.[230][19]

The Pakistani government denies it supports terrorists, only saying it has supported "freedom fighters" in the past.[242] In October 2008, President Asif Ali Zardari of Pakistan called the Kashmir separatists "terrorists" in an interview with The Wall Street Journal.[243] These comments sparked outrage amongst many Kashmiris, some of whom defied a curfew imposed by the Indian army to burn him in effigy.[244]

In 2008, pro-separatist leader Mirwaiz Umar Farooq told the Washington Post that there has been a "purely indigenous, purely Kashmiri"[18] peaceful protest movement alongside the insurgency in Indian-administered Kashmir since 1989. The movement was created for the same reason as the insurgency and began after the disputed election of 1987. According to the United Nations, the Kashmiris have grievances with the Indian government, specifically the Indian military, which has committed human rights violations.[18][19][245]

In 1994, the NGO International Commission of Jurists sent a fact finding mission to Kashmir. The ICJ mission concluded that the right of self-determination to which the peoples of Jammu and Kashmir became entitled as part of the process of partition had neither been exercised nor abandoned, and thus remained exercisable.[246] It further stated that as the people of Kashmir had a right of self-determination, it followed that their insurgency was legitimate. It, however, did not follow that Pakistan had a right to provide support for the militants.[247]

1989–1990 exodus of Kashmir Pandits

Due to rising insurgency and Islamic militancy in the Kashmir Valley, Kashmiri Pandits were forced to flee the valley.[248] They were targeted by militant groups such as the Jammu Kashmir Liberation Front, Lashkar-e-Taiba, and Jaish-e-Mohammed. On 4 January 1990, Srinagar based newspaper Aftab released a message, threatening all Hindus to leave Kashmir immediately, sourcing it to the militant organization Hizbul Mujahideen.[249][250] In the preceding months, around 300 Hindu men and women, Kashmiri Pandits, had been slaughtered and women raped. Mosque released statement in loud speaker asked Hindus to leave Kashmir without their women. On 19 January 1990, Kashmiri Pandits fled from Kashmiri due to atrocities such as killing and gang rape.[251][252]

On 21 January 1990, two days after Jagmohan took over as governor of Jammu and Kashmir, the Gawkadal massacre took place in Srinagar when the Indian paramilitary troops of the Central Reserve Police Force opened fire on a group of Kashmiri protesters in what has been described by some authors as "the worst massacre in Kashmiri history" (along with the Bijbehara Massacre in 1993).[253] At least 50 people were killed,[254] with some reports of the deaths reaching as high as 280.[255] In the aftermath of the massacre, more demonstrations followed, and in January 1990, Indian paramilitary forces are believed to have killed around 300 protesters.[256] As a Human Rights Watch stated in a report from May 1991, "In the weeks that followed [the Gawakadal massacre] as security forces fired on crowds of marchers and as militants intensified their attacks against the police and those suspected of aiding them, Kashmir's civil war began in earnest."[257]

The mass exodus began on 1 March 1990, when hundreds of thousands of Kashmiri Pandits left the state; of the approximately 300,000[258][259][260] to 600,000[261][262] Hindus living in the Kashmir Valley in 1990, only 2,000–3,000 lived there in 2016.[263]

1999 conflict in Kargil

 
Location of conflict.

In mid-1999, alleged insurgents and Pakistani soldiers from Pakistani Kashmir infiltrated 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. This practice is followed by both India and Pakistan Army. The terrain makes it difficult for both sides to maintain a strict border control over Line of Control. The insurgents took advantage of this and occupied vacant mountain peaks in the Kargil range overlooking the highway in Indian Kashmir that connects Srinagar and Leh. By blocking the highway, they could cut off the only link between the Kashmir Valley and Ladakh. This resulted in a large-scale conflict between the Indian and Pakistani armies. The final stage involved major battles by Indian and Pakistani forces, with India recapturing most of the territories[264][265] held by Pakistani forces.

Fears of the Kargil War turning into a nuclear war provoked the then-United States President Bill Clinton to pressure Pakistan to retreat. The Pakistan Army withdrew their remaining troops from the area, ending the conflict. India regained control of the Kargil peaks, which they now patrol and monitor all year long.

2000s 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 was because of its support for India on the Kashmir issue.[266] While on a trip to Delhi in 2002, US Secretary of Defense Donald Rumsfeld suggested that Al-Qaeda was active in Kashmir, though he did not have any hard evidence.[267][268] An investigation by a Christian Science Monitor reporter in 2002 claimed to have unearthed evidence that Al-Qaeda and its affiliates were prospering in Pakistan-administered Kashmir with tacit approval of Pakistan's Inter-Services Intelligence agency (ISI).[269] In 2002, a team comprising Special Air Service and Delta Force personnel was sent into Indian-administered Kashmir to hunt for Osama bin Laden after reports that he was being sheltered by the Kashmiri militant group Harkat-ul-Mujahideen.[270] US officials believed that Al-Qaeda was helping organise a campaign of terror in Kashmir 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. US intelligence analysts say Al-Qaeda and Taliban operatives in Pakistan-administered Kashmir are helping terrorists trained in Afghanistan to infiltrate Indian-administered Kashmir.[271] Fazlur Rehman Khalil, the leader of the Harkat-ul-Mujahideen, signed al-Qaeda's 1998 declaration of holy war, which called on Muslims to attack all Americans and their allies.[272] In 2006 Al-Qaeda claim they have established a wing in Kashmir, which worried the Indian government.[273] Indian Army Lieutenant General H.S. Panag, GOC-in-C Northern Command, told reporters that the army has ruled out the presence of Al-Qaeda in Indian-administered Jammu and Kashmir. He said that there no evidence to verify media reports of an Al-Qaeda presence in the state. He ruled out Al-Qaeda ties with the militant groups in Kashmir including Lashkar-e-Taiba and Jaish-e-Mohammed. However, he stated that they had information about Al Qaeda's strong ties with Lashkar-e-Taiba and Jaish-e-Mohammed operations in Pakistan.[274] While on a visit to Pakistan in January 2010, US Defense secretary Robert Gates stated that Al-Qaeda was seeking to destabilise the region and planning to provoke a nuclear war between India and Pakistan.[275]

In June 2011, a US Drone strike killed Ilyas Kashmiri, chief of Harkat-ul-Jihad al-Islami, a Kashmiri militant group associated with Al-Qaeda.[276][277] Kashmiri was described by Bruce Riedel as a 'prominent' Al-Qaeda member,[278] while others described him as the head of military operations for Al-Qaeda.[279] Waziristan had by then become the new battlefield for Kashmiri militants fighting NATO in support of Al-Qaeda.[280] Ilyas Kashmiri was charged by the US in a plot against Jyllands-Posten, the Danish newspaper at the center of the Jyllands-Posten Muhammad cartoons controversy.[281] In April 2012, Farman Ali Shinwari a former member of Kashmiri separatist groups Harkat-ul-Mujahideen and Harkat-ul-Jihad al-Islami, was appointed chief of al-Qaeda in Pakistan.[282]

2008−present

 
Kashmir Solidarity Day on every 5 February is observed in Pakistan. This banner was hung in Islamabad.

In March 2008, two separate incidents were reported in Indian-administered Kashmir- a blast near the civil secretariat and high court, and a gun battle between security forces and militants which left five dead. The gunfight began when security forces raided a house on the outskirts of the capital city of Srinagar housing militants.[283] The Indian Army has been carrying out cordon-and-search operations against militants in Indian-administered Kashmir since the violence broke out in 1989.[283]

Massive demonstrations followed a May 2008 decision of the state government of Jammu and Kashmir to transfer 100 acres (0.40 km2) of land to a trust which runs the Hindu Amarnath shrine in the Muslim-majority Kashmir valley.[284] This land was to be used to build a shelter to house Hindu pilgrims temporarily during their annual pilgrimage to the Amarnath temple.[285] Indian security forces including the army responded quickly to keep order. More than 40 unarmed protesters were killed.[286][287] The largest protests saw more than a half million people waving Pakistani flags and crying for freedom at a rally on 18 August, according to Time magazine.[285][288] The situation drew international reactions from separatist leaders and the United Nations.[289][245] Following the unrest in 2008, secessionist movements got a boost.[290][285] Such demonstrations have been aloof of the fact that the India government very regularly undertakes activities for upliftment of the Muslim community and donates lands and other properties to the systemized Waqf Boards.[291][292] Despite the protests, state elections in November–December 2008 in Indian administered Kashmir saw a high voter turnout of more than 60% of the total registered electors.[293][294]

 
 
 
 
Visual of voters during parliamentary general elections being conducted in Indian-Jammu and Kashmir in 2004 and 2009. A boycott graffiti seen in Old City, Srinagar.

In 2009, protests started over the alleged rape and murder of two young women in Shopian in South Kashmir.[295] The next summer again saw large-scale protests with the immediate trigger being a fake encounter staged by the military in Machil, Kupwara.[296] This 2010 Kashmir unrest saw separatist sentiments, pro-independence slogans, protestors who defied curfews, attacked security forces with stones and burnt police vehicles and government buildings.[297][298][299] Security forces in Jammu and Kashmir fired live ammunition on the protesters, resulting in 112 deaths. The protests subsided after the Indian government announced a package of measures aimed at defusing the tensions in September 2010.[300]

Revelations made on 24 September 2013 by the former Indian army chief General V. K. Singh claim that the state politicians of Jammu and Kashmir are funded by the army secret service to keep the general public calm and that this activity has been going on since Partition.[301][302][303]

In October 2014, Indian and Pakistani troops traded LOC gunfire – the small-arms and mortar exchanges – which Indian officials called the worst violation of a 2003 ceasefire – left soldiers and civilians dead. Thousands of people fled their homes on both sides after the violence erupted on 5 October.[304]

The 2014 Jammu and Kashmir Legislative Assembly election was held from 25 November – 20 December. Despite repeated boycott calls by separatist Hurriyat leaders,[305] elections recorded highest voters turnout in last 25 years, that is more than 65% which is more than usual voting percentage in other states of India.[306][307][308] Phase wise voting percentage is as follows (table):

J & K 2014 assembly elections voters turnout
Voting phases Date Seats Turnout
  25 November
15
71%
2 December
18
71%
9 December
16
59%
14 December
18
49%
20 December
20
76%
Total
87
65%
Sources:[309][310][311][312][313]

The European Parliament welcomed the smooth conduct of the State Legislative Elections in the Jammu and Kashmir despite boycott calls.[314] The EU in its message said, "The high voter turnout figure proves that democracy is firmly rooted in India. The EU would like to congratulate India and its democratic system for conduct of fair elections, unmarred by violence, in the state of Jammu and Kashmir".[314][315]

On 8 July 2016, a militant leader Burhan Wani was cornered by the security forces and killed. Following his death, protests and demonstrations led to an "amplified instability" in the Kashmir valley. Curfews were imposed in all 10 districts of Kashmir, over 100 civilians died and over 17,000 were injured in clashes with the police.[316][317][318] More than 600 have pellet injuries to the face. To prevent volatile rumours, cellphone and internet services were blocked, and newspapers were also restricted in many parts of the region.[319]

An attack by four militants on an Indian Army base on 18 September 2016, also known as the 2016 Uri attack, resulted in the death of 19 soldiers as well as the militants themselves.[320] Response took various forms, including the postponement of the 19th SAARC summit,[321] asking the Russian government to call off a joint military exercise with Pakistan,[322][323] and the 'Indian Motion Picture Producers Association' decision to suspend work with Pakistan.[324] On the Pakistani side, military alertness was raised and some Pakistan International Airlines flights suspended. The Pakistani government denied any role and raised the issue of human rights violations by Indian security forces.[325]

 
Indian police in Kashmir valley confronting violent protesters in December 2018

In the deadliest incident since 2016, Jaish-e-Mohammed (JEM) carried and claimed responsibility for a suicide bomb attack on a military convoy in Pulwama that killed over 40 Indian soldiers on 14 February 2019.[326] In retaliation 12 Indian fighter jets dropped bombs on a "terrorist camp" in Pakistan-controlled territory at of Kashmir, allegedly killing around 350 members in terrorist camps. As India trespassed Pakistan's air space, the incidents escalated the tension between India and Pakistan starting the 2019 India–Pakistan border standoff and skirmishes.[327][328][329][330][331] In March 2019, a peace offer was fixed, ending the hostilities, and with both countries agreeing to fight terrorism.[332][333]

In August 2019, India revoked the special status of Jammu and Kashmir through Parliament, abolishing Article 370 and rendering the state Constitution infructuous. Further both houses of the Indian parliament passed a bill to reorganise the state into two union territories.[334][335] This was followed by a strict preventive pre-emptive state lockdown, which lasted until 5 February 2021 (A preventative lockdown was put in place after the death of Syed Ali Shah Geelani for 2 to 5 days).[336][337][338] LOC border clashes in November 2020 and onwards resulted in 24 deaths of both military personnel and civilians.[339][340]

National stances

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% 50% 3%
Pakistan Gilgit-Baltistan ~1 million 99%
Azad Kashmir ~2.6 million 100%
China Aksai Chin
Shaksgam Valley
  • Statistics from the BBC report "In Depth"[341]
  • 525,000 refugees from Indian-administered Kashmir migrated to Pakistan and Azad Kashmir in 1947–48.[342]
  • 226,000 refugees from Pakistan-administered Kashmir migrated to India and Jammu and Kashmir in 1947–48.[342]
  • A minimum of 506,000 people in the Indian Administered Kashmir valley are internally displaced due to militancy in Kashmir, about half of whom are Hindu pandits[343]
  • Muslims form the majority in the Poonch, Rajouri, Kishtwar, and Doda districts of the Jammu region. Shia Muslims make up the majority in the Kargil district in the Ladakh region.
  • India does not accept the two-nation theory and considers that Kashmir, despite being a Muslim-majority region, is in many ways an "integral part" of secular India.[344]

Indian view

 
Maharaja Hari Singh signed the Instrument of Accession in October 1947 under which he acceded the State of Jammu and Kashmir to the Union of India.

India has officially stated that it believes Kashmir to be an integral part of India, though the then Prime Minister of India, Manmohan Singh, stated after the 2010 Kashmir Unrest that his government was willing to grant autonomy to the region within the purview of Indian constitution if there was consensus among political parties on this issue.[345][346] The Indian viewpoint is succinctly summarised by Ministry of External affairs, Government of India[347][348] —

  • India holds that the Instrument of Accession of the State of Jammu and Kashmir to the Union of India, signed by Maharaja Hari Singh (erstwhile ruler of the State) on 25 October 1947[349][350] and executed on 27 October 1947[350] between the ruler of Kashmir and the Governor General of India was a legal act and completely valid in terms of the Government of India Act (1935), Indian Independence Act (1947) as well as under international law and as such was total and irrevocable.[348]
  • The Constituent assembly of Jammu and Kashmir had unanimously ratified the Maharaja's Instrument of Accession to India and adopted a constitution for the state that called for a perpetual merger of Jammu and Kashmir with the Union of India. India claims that the constituent assembly was a representative one, and that its views were those of the Kashmiri people at the time.[note 6][351]
  • United Nations Security Council Resolution 1172 tacitly accepts India's stand regarding all outstanding issues between India and Pakistan and urges the need to resolve the dispute through mutual dialogue without the need for a plebiscite in the framework of UN Charter.[352][353]
  • United Nations Security Council Resolution 47 cannot be implemented since Pakistan failed to withdraw its forces from Kashmir, which was the first step in implementing the resolution.[354] India is also of the view that Resolution 47 is obsolete, since the geography and demographics of the region have permanently altered since it adoption.[355] The resolution was passed by United Nations Security Council under Chapter VI of the United Nations Charter and as such is non-binding with no mandatory enforceability, as opposed to resolutions passed under Chapter VII.[356][357]
  • India does not accept the two-nation theory that forms the basis of Pakistan's claims and considers that Kashmir, despite being a Muslim-majority region, is in many ways an "integral part" of secular India.[344]
  • The state of Jammu and Kashmir was provided with significant autonomy under Article 370 of the Constitution of India.[358]
  • All differences between India and Pakistan, including Kashmir, need to be settled through bilateral negotiations as agreed to by the two countries under the Simla Agreement signed on 2 July 1972.[359]

Additional Indian viewpoints regarding the broader debate over the Kashmir conflict include:

  • In a diverse country like India, disaffection and discontent are not uncommon. Indian democracy has the necessary resilience to accommodate genuine grievances within the framework of India's sovereignty, unity, and integrity. The Government of India has expressed its willingness to accommodate the legitimate political demands of the people of the state of Kashmir.[347]
  • Insurgency and terrorism in Kashmir is deliberately fuelled by Pakistan to create instability in the region.[360] The Government of India has repeatedly accused Pakistan of waging a proxy war in Kashmir by providing weapons and financial assistance to terrorist groups in the region.[361][362][363][364]
  • Pakistan is trying to raise anti-India sentiment among the people of Kashmir by spreading false propaganda against India.[365] 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.[366]
  • India has asked the United Nations not to leave unchallenged or unaddressed the claims of moral, political, and diplomatic support for terrorism, which were clearly in contravention of United Nations Security Council Resolution 1373. This is a Chapter VII resolution that makes it mandatory for member states to not provide active or passive support to terrorist organisations.[367][368] Specifically, it has pointed out that the Pakistani government continues to support various terrorist organisations, such as Jaish-e-Mohammad and Lashkar-e-Taiba, in direct violation of this resolution.[369]
  • India points out reports by human rights organisations condemning Pakistan for the lack of civic liberties in Pakistan-administered Kashmir.[365][370] 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.[371]
  • Karan Singh, the son of the last ruler of the princely state of Kashmir and Jammu, has said that the Instrument of Accession signed by his father was the same as signed by other states. He opined that Kashmir was therefore a part of India, and that its special status granted by Article 370 of the Indian Constitution stemmed from the fact that it had its own constitution.[372]

According to a poll in an Indian newspaper Indians were keener to keep control of Kashmir than Pakistanis. 67% of urban Indians want New Delhi to be in full control of Kashmir.[373]

Michigan State University scholar Baljit Singh, interviewing Indian foreign policy experts in 1965, found that 77 percent of them favoured discussions with Pakistan on all outstanding problems including the Kashmir dispute. However, only 17 percent were supportive of holding a plebiscite in Kashmir. The remaining 60 percent were pessimistic of a solution due to a distrust of Pakistan or a perception of threats to India's internal institutions. They contended that India's secularism was far from stable and the possibility of Kashmir separating from India or joining Pakistan would endanger Hindu–Muslim relations in India.[374]

In 2008, the death toll from the last 20 years was estimated by Indian authorities to be over 47,000.[375]

In 2017 India's Union Home Minister, Rajnath Singh, demanded that Pakistan desist from demanding a plebiscite in Jammu and Kashmir, saying: "If at all a referendum is required, it is needed in Pakistan, where people should be asked whether they want to continue in Pakistan or are demanding the country's merger with India".[376]

Pakistani view

 
Map of Kashmir as drawn by the Government of Pakistan

Pakistan maintains that Kashmir is the "jugular vein of Pakistan"[377] and a currently disputed territory whose final status must be determined by the people of Kashmir.[378][379] Pakistan's claims to the disputed region are based on the rejection of Indian claims to Kashmir, namely the Instrument of Accession. Pakistan insists that the Maharaja was not a popular leader, and was regarded as a tyrant by most Kashmiris. Pakistan maintains that the Maharaja used brute force to suppress the population.[380]

Pakistan claims that Indian forces were in Kashmir before the Instrument of Accession was signed with India, and that therefore Indian troops were in Kashmir in violation of the Standstill Agreement, which was designed to maintain the status quo in Kashmir (although India was not signatory to the Agreement, which was signed between Pakistan and the Hindu ruler of Jammu and Kashmir).[381][382]

From 1990 to 1999, some organisations reported that the Indian Armed Forces, its paramilitary groups, and counter-insurgent militias were responsible for the deaths of 4,501 Kashmiri civilians. During the same period, there were records of 4,242 women between the ages of 7–70 being raped.[383][384] Similar allegations were also made by some human rights organisations.[385]

In short, Pakistan holds that:

  • The popular Kashmiri insurgency demonstrates that the Kashmiri people no longer wish to remain within India. Pakistan suggests that this means that Kashmir either wants to be with Pakistan or independent.[386]
  • According to the two-nation theory, one of the principles 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 for the resolutions of the UN Security Council and the United Nations Commission in India and Pakistan by failing to hold a plebiscite to determine the future allegiance of the state.[387]
  • The reason for India's disregard of the resolutions of the UN Security Council was given by India's Defense Minister, Kirshnan Menon, who said: "Kashmir would vote to join Pakistan and no Indian Government responsible for agreeing to plebiscite would survive.''[388]
  • Pakistan was of the view that the Maharaja of Kashmir had no right to call in the Indian Army, because it held that the Maharaja of Kashmir was not a hereditary ruler and was merely a British appointee, after the British defeated Ranjit Singh who ruled the area before the British conquest.[389]
  • Pakistan has noted the widespread use of extrajudicial killings in Indian-administered Kashmir carried out by Indian security forces while claiming they were caught up in encounters with militants. These encounters are commonplace in Indian-administered Kashmir. The encounters go largely uninvestigated by the authorities, and the perpetrators are spared criminal prosecution.[390][391]
  • Pakistan disputes claims by India with reference to the Simla Agreement that UN resolutions on Kashmir have lost their relevance. It argues that legally and politically, UN Resolutions cannot be superseded without the UN Security Council adopting a resolution to that effect. It also maintains the Simla Agreement emphasised exploring a peaceful bilateral outcome, without excluding the role of UN and other negotiations. This is based on its interpretation of Article 1(i) stating "the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries".[392]

Human rights organisations have strongly condemned Indian troops for widespread rape and murder of innocent civilians while accusing these civilians of being militants.[393][394][395]

  • The Chenab formula was a compromise proposed in the 1960s, in which the Kashmir valley and other Muslim-dominated areas north of the Chenab river would go to Pakistan, and Jammu and other Hindu-dominated regions would go to India.[396]

A poll by an Indian newspaper shows 48% of Pakistanis want Islamabad "to take full control" of Kashmir, while 47% of Pakistanis support Kashmiri independence.[373]

Former Pakistani President General Pervez Musharraf on 16 October 2014 said that Pakistan needs to incite those fighting in Kashmir,[397][398] "We have source (in Kashmir) besides the (Pakistan) army…People in Kashmir are fighting against (India). We just need to incite them," Musharraf told a TV channel.[397][398]

In 2015 Pakistan's outgoing National Security Advisor Sartaj Aziz said that Pakistan wished to have third party mediation on Kashmir, but it was unlikely to happen unless by international pressure.[399] "Under Shimla Accord it was decided that India and Pakistan would resolve their disputes bilaterally," Aziz said. "Such bilateral talks have not yielded any results for the last 40 years. So then what is the solution?"[399]

Chinese view

China has generally supported Pakistan against India on Kashmir.[238][400] China has also stated that Aksai Chin is an integral part of China and does not recognise its inclusion in the Kashmir region. It also disputes the region's boundary with Tibet at various locations.

  • China did not accept the boundaries of the princely state of Kashmir and Jammu, north of Aksai Chin and the Karakoram as proposed by the British.[401]
  • China settled its border disputes with Pakistan under the 1963 Sino-Pakistan Agreement on the Trans-Karakoram Tract with the provision that the settlement was subject to the final solution of the Kashmir dispute.[402][5]

Kashmiri views

  • Scholar Andrew Whitehead states that Kashmiris view Kashmir as having been ruled by their own in 1586. Since then, they believe, it has been ruled in succession by the Mughals, Afghans, Sikhs, Dogras and, lately, the Indian government. Whitehead states that this is only partly true: the Mughals lavished much affection and resources on Kashmir, the Dogras made Srinagar their capital next only to their native Jammu city, and through much of the post-independence India, Kashmiri Muslims headed the state government. According to Whitehead, Kashmiris bear an 'acute sense of grievance' that they were not in control of their own fate for centuries.[403]
  • A. G. Noorani, a constitutional expert, says the people of Kashmir are 'very much' a party to the dispute.[404]
  • According to an opinion poll conducted by Centre for the Study of Developing Societies in 2007, 87% of people in mainly Muslim Srinagar want independence, whereas 95% of the people in the mainly Hindu Jammu city think the state should be part of India.[405] The Kashmir Valley is the only region of the former princely state where the majority of the population is unhappy with its current status. The Hindus of Jammu and Buddhists of Ladakh are content under Indian administration. Muslims of Azad Kashmir and Northern Areas are content under Pakistani administration. Kashmir Valley's Muslims want to change their national status to independence.[406]
  • Scholar A.G. Noorani testifies that Kashmiris want a plebiscite to achieve freedom.[407] Zutshi states the people of Poonch and Gilgit may have had a chance to determine their future but the Kashmiri was lost in the process.[408]
  • Since the 1947 accession of Kashmir to India was provisional and conditional on the wishes of the people,[409] the Kashmiris' right to determine their future was recognised.[410] Noorani notes that state elections do not satisfy this requirement.[411]
  • Kashmiris assert that except for 1977 and 1983 elections, no state election has been fair.[204] According to scholar Sumantra Bose, India was determined to stop fair elections since that would have meant that elections would be won by those unfriendly to India.[196]
  • The Kashmiri people have still not been able to exercise the right to self-determination and this was the conclusion of the International Commission of Jurists in 1994.[412]
  • Ayesha Parvez writes in The Hindu that high voter turnout in Kashmir cannot be interpreted as a sign of acceptance of Indian rule. Voters vote due to varying factors such as development, effective local governance and economy.[413]
  • The Hurriyat parties do not want to participate in elections under the framework of the Indian Constitution. Elections held by India are seen as a diversion from the main issue of self-determination.[414]
  • Kashmiri opponents to Indian rule maintain that India has stationed 600,000 Indian troops in what is the highest ratio of troops to civilian density in the world.[414]
  • Kashmiri scholars say that India's military occupation inflicts violence and humiliation on Kashmiris. Indian forces are responsible for human rights abuses and terror against the local population and have killed tens of thousands of civilians. India's state forces have used rape as a cultural weapon of war against Kashmiris and rape has extraordinarily high incidence in Kashmir as compared to other conflict zones of the world.[415] Militants are also guilty of crimes but their crimes cannot be compared with the scale of abuses by Indian forces for which justice is yet to be delivered.[30]
  • Kashmiri scholars say that India's reneging on promise of plebiscite, violations of constitutional provisions of Kashmir's autonomy and subversion of the democratic process led to the rebellion of 1989–1990.[416]
  • According to historian Mridu Rai, the majority of Kashmiri Muslims believe they are scarcely better off under Indian rule than the 101 years of Dogra rule.[417]
  • Markandey Katju, an ethnic Kashmiri and former Justice of the Supreme Court of India, maintains that the secession of Kashmir would cause its economy to suffer, due to the fact that Kashmir's handicraft industry is dependent on buyers in other parts of India; Katju holds that the ultimate solution to the Kashmir conflict is the reunification of what is now Pakistan with India under a secular government.[418][419]
  • According to lawyer and human rights activist K. Balagopal, Kashmiris have a distinct sense of identity and this identity is certainly not irreligious, as Islam is very much a part of the identity that Kashmiris feel strongly for. He opined that if only non-religious identities deserve support, then no national self-determination movement can be supported, because there is no national identity  – at least in the Third World –  devoid of the religious dimension. Balagopal says that if India and Pakistan cannot guarantee existence and peaceful development of independent Kashmir then Kashmiris may well choose Pakistan because of religious affinity and social and economic links. But if both can guarantee existence and peaceful development then most Kashmiris would prefer independent Kashmir.[420][421]

Water dispute

In 1948, Eugene Black, then executive director of the World Bank, offered his services to solve the tension over water control. In the early days of independence, the fact that India was able to shut off the Central Bari Doab Canals at the time of the sowing season, causing significant damage to Pakistan's crops. Nevertheless, military and political clashes over Kashmir in the early years of independence appear to have been more about ideology and sovereignty rather than over the sharing of water resources. However, the minister of Pakistan has stated the opposite.[422]

The Indus Waters Treaty was signed by both countries in September 1960, giving exclusive rights over the three western rivers of the Indus river system (Jhelum, Chenab and Indus) to Pakistan, and over the three eastern rivers (Sutlej, Ravi and Beas) to India, as long as this does not reduce or delay the supply to Pakistan. India therefore maintains that they are not willing to break the established regulations and they see no more problems with this issue.

Efforts to end the dispute

Settlement formulas

Rajaji-Abdullah formula

The Rajaji-Abdullah formula, named after C. Rajagopalachari and Sheikh Abdullah, also simply called the Rajaji formula, was in Abdullah's words "an honourable solution which would not give a sense of victory either to India or Pakistan and at the same time would ensure a place of honour to the people of Kashmir".[423] The discussions in 1964 covered numerous options, a plebiscite, status quo, further division etc., however seemed to point towards a condominium, a shared government, a confederation and a United Nations trust territory.[423][424] Abdullah would act as the mediator between India and Pakistan.[424] While the exact nature of the proposed settlement was never made public, Ayub Khan would go on to write in his biography that the proposal was "absurd".[425]

Chenab formula

In 2005, General Musharraf, as well as other Pakistani leaders, sought to resolve the Kashmir issue through the Chenab formula road map. Borrowing a term used by Owen Dixon, Musharraf's Chenab Formula assigns Ladakh to India, Gilgit-Baltistan (G-B) to Pakistan, proposes a plebiscite in the Kashmir Valley and splits Jammu into two-halves.[426] On 5 December 2006, Pakistani President Pervez Musharraf told an Indian TV channel that Pakistan would give up its claim on Kashmir if India accepted some of his peace proposals, including a phased withdrawal of troops, self-governance for locals, no changes in the borders of Kashmir, and a joint supervision mechanism involving India, Pakistan, and Kashmir.[427] Musharraf stated that he was ready to give up the United Nations' resolutions regarding Kashmir.[428]

Later, the government of Pakistan said that this was Musharraf's personal opinion.[429] However Satinder Lambah, India's special envoy to Pakistan, says that while talks reduced due the Mumbai attacks, the formula was not disowned.[430]

Contemporary views on UN resolutions

Many neutral parties to the dispute have noted that the UN resolution on Kashmir is no longer relevant.[431] The European Union holds the view that the plebiscite is not in Kashmiris' interest.[432] The report notes that the UN conditions for such a plebiscite have not been, and can no longer be, met by Pakistan.[433] The Hurriyat Conference observed in 2003 that a "plebiscite [is] no longer an option".[434]

A 2002 Market and Opinion Research International (MORI) survey, on the basis of 850 interviews, found that within Indian-administered Kashmir, 61% of respondents said they felt they would be better off as Indian citizens, with 33% saying that they did not know, and the remaining 6% favouring Pakistani citizenship. However, this support for India was mainly in the Ladakh and Jammu regions, not the Kashmir Valley, where only 9% of the respondents said that they would be better off with India.[435][neutrality is disputed]

According to a 2007 poll conducted by the Centre for the Study of Developing Societies in New Delhi involving around 400 people, 87% of respondents in the Kashmir Valley prefer independence over union with India or Pakistan.[436] A survey by Chatham House, on the basis of 3,774 face-to face interviews in Indian administered Jammu and Kashmir and Pakistan administered Azad Kashmir,[note 15] found that support for independence stood at 43% and 44% respectively.[437]

Pakistan's relation with militants

In a 2001 commentary entitled Pakistan's Role in the Kashmir Insurgency in Jane's Intelligence Review, the author noted that "the nature of the Kashmir conflict has been transformed from what was originally a secular, locally based struggle (conducted via the Jammu Kashmir Liberation Front – JKLF) to one that is now largely carried out by foreign militants and rationalized in pan-Islamic religious terms." The majority of militant organisations are composed of foreign mercenaries, mostly from the Pakistani Punjab.[438]

In 2010, with the support of its intelligence agencies, Pakistan again 'boosted' Kashmir militants, and recruitment of mujahideen in the Pakistani state of Punjab has increased.[439]

[440] In 2011, the FBI revealed that Pakistan's spy agency ISI paid millions of dollars into a United States–based non-governmental organisation to influence politicians and opinion-makers on the Kashmir issue and arrested Syed Ghulam Nabi Fai.[441]

Some political analysts say that the Pakistan state policy shift and mellowing of its aggressive stance may have to do with its total failure in the Kargil War and the subsequent 9/11 attacks. These events put pressure on Pakistan to alter its position on terrorism.[442]

Former President of Pakistan and the ex-chief of the Pakistan military Pervez Musharraf, stated in an interview in London, that the Pakistani government indeed helped to form underground militant groups and "turned a blind eye" towards their existence because they wanted India to discuss Kashmir.[443]

According to former Indian Prime-minister Manmohan Singh, one of the main reasons behind the conflict was Pakistan's "terror-induced coercion". He further stated at a Joint Press Conference with United States President Barack Obama in New Delhi that India is not afraid of resolving all the issues with Pakistan including that of Kashmir "but it is our request that you cannot simultaneously be talking and at the same time the terror machine is as active as ever before. Once Pakistan moves away from this terror-induced coercion, we will be very happy to engage productively with Pakistan to resolve all outstanding issues."[444]

In 2009, the President of Pakistan Asif Zardari asserted at a conference in Islamabad that Pakistan had indeed created Islamic militant groups as a strategic tool for use in its geostrategic agenda and "to attack Indian forces in Jammu and Kashmir".[445] Former President of Pakistan and the ex-chief of the Pakistan military Pervez Musharraf also stated in an interview that Pakistani government helped to form underground militant groups to fight against Indian troops in Jammu and Kashmir and "turned a blind eye" towards their existence because they wanted India to discuss Kashmir.[443] The British Government have formally accepted that there is a clear connection between Pakistan's Inter-Services Intelligence (ISI) and three major militant outfits operating in Jammu and Kashmir, Lashkar-e-Tayiba, Jaish-e-Mohammed and Harkat-ul-Mujahideen.[446][447] The militants are provided with "weapons, training, advice and planning assistance" in Punjab and Kashmir by the ISI which is "coordinating the shipment of arms from the Pakistani side of Kashmir to the Indian side, where Muslim insurgents are waging a protracted war".[448]

Throughout the 1990s, the ISI maintained its relationship with extremist networks and militants that it had established during the Afghan war to utilise in its campaign against Indian forces in Kashmir.[citation needed] Joint Intelligence/North (JIN) has been accused of conducting operations in Jammu and Kashmir and also Afghanistan.[449] The Joint Signal Intelligence Bureau (JSIB) provide communications support to groups in Kashmir.[449] According to Daniel Benjamin and Steven Simon, both former members of the National Security Council, the ISI acted as a "kind of terrorist conveyor belt" radicalising young men in the Madrassas of Pakistan and delivering them to training camps affiliated with or run by Al-Qaeda and from there moving them into Jammu and Kashmir to launch attacks.[450]

Reportedly, about Rs. 24 million are paid out per month by the ISI to fund its activities in Jammu and Kashmir.[451] Pro-Pakistani groups were reportedly favoured over other militant groups.[451] Creation of six militant groups in Kashmir, which included Lashkar-e-Taiba (LeT), was aided by the ISI.[452][453] According to American Intelligence officials, ISI is still providing protection and help to LeT.[453] The Pakistan Army and ISI also LeT volunteers to surreptitiously penetrate from Pakistan Administrated Kashmir to Jammu and Kashmir.[454]

In the past, Indian authorities have alleged several times that Pakistan has been involved in training and arming underground militant groups to fight Indian forces in Kashmir.[455]

Human rights abuses

The Freedom in the World 2006 report categorised Indian-administered Kashmir as "partly free", and Pakistan-administered Kashmir, as well as the country of Pakistan, as "not free".[456]

Indian administered Kashmir

 
A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009.

Human rights abuses have been committed by Indian forces in Kashmir. Militants have also committed crimes.[30][neutrality is disputed] Crimes by state forces are done inside Kashmir Valley which is the location of the present conflict.[457]

The 2010 Chatham House opinion poll of the people of Indian administered Jammu and Kashmir found that overall concern, in the entire state, over human rights abuses was 43%.[458] In the surveyed districts of the Muslim majority Kashmir Valley, where the desire for Independence is strongest,[459] there was a high rate of concern over human rights abuses. (88% in Baramulla, 87% in Srinagar, 73% in Anantnag and 55% in Badgam).[458] However, in the Hindu and Buddhist majority areas of the state, where pro-India sentiment is extremely strong,[459] concern over human rights abuses was low (only 3% in Jammu expressed concerns over human rights abuses).[458]

Several international agencies and the UN have reported human rights violations in Indian-administered Kashmir. In a 2008 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."[245] 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."[460] Jammu and Kashmir Coalition of Civil Society labels the happenings in Kashmir as war crimes and genocide and have issued a statement that those responsible should be tried in court of law.[461][462] Some of the massacres by security forces include Gawakadal massacre, Zakoora and Tengpora massacre and Handwara massacre. Another 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."[463] A state government inquiry into 22 October 1993 Bijbehara killings, in which the Indian military fired on a procession and killed 40 people and injured 150, found out that the firing by the forces was 'unprovoked' and the claim of the military that it was in retaliation was 'concocted and baseless'. However, the accused are still to be punished.[464] In its report of September 2006, Human Rights Watch stated:

Indian security forces claim they are fighting to protect Kashmiris from militants and Islamic extremists, while militants claim they are fighting for Kashmiri independence and to defend Muslim Kashmiris from an abusive Indian army. In reality, both sides have committed widespread and numerous human rights abuses and violations of international humanitarian law (or the laws of war).[465]

Many human rights organisations such as Amnesty International and Human Rights Watch (HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture.[466] Bans on religious gatherings are also reportedly enforced.[467] The "Armed Forces Special Powers Act" grants the military, wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances, they say, call for extraordinary measures. Human rights organisations have also asked the Indian government to repeal[468] the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order."[469] A 2008 report by the United Nations High Commissioner for Refugees determined that Indian Administered Kashmir was only 'partly free'.[470] A recent report by Amnesty International stated that up to 20,000 people have been detained under a law called AFSPA in Indian-administered Kashmir.[469][466][471][472]

Some human rights organisations have alleged that Indian Security forces have killed hundreds of Kashmiris through the indiscriminate use of force and torture, firing on demonstrations, custodial killings, encounters and detentions.[473][474][475][476] The government of India denied that torture was widespread[474] and stated that some custodial crimes may have taken place but that "these are few and far between".[474] According to cables leaked by the WikiLeaks website, US diplomats in 2005 were informed by the International Committee of the Red Cross (ICRC) about the use of torture and sexual humiliation against hundreds of Kashmiri detainees by the security forces.[477] The cable said Indian security forces relied on torture for confessions and that the human right abuses are believed to be condoned by the Indian government.[478] SHRC also accused Indian army of forced labour.[479]

There have been claims of disappearances by the police or the army in Kashmir by several human rights organisations.[480] Human rights groups in Kashmir have documented more than three hundred cases of "disappearances" since 1990 but lawyers believe the number to be far higher because many relatives of disappeared people fear reprisal if they contact a lawyer.[481][482][483] In 2016 Jammu and Kashmir Coalition of Civil Society said there are more than 8000 forced disappearances.[461] State Human Rights Commission (SHRC) has found 2,730 bodies buried into unmarked graves, scattered in three districts — Bandipora, Baramulla, and Kupwara — of North Kashmir, believed to contain the remains of victims of unlawful killings and enforced disappearances by Indian security forces.[484][485][486][487] SHRC stated that about 574 of these bodies have already been identified as those of disappeared locals.[488] In 2012, the Jammu and Kashmir State government stripped its State Information Commission (SIC) department of most powers after the commission asked the government to disclose information about the unmarked graves. This state action was reportedly denounced by the former National Chief Information Commissioner.[489] Amnesty International has called on India to "unequivocally condemn enforced disappearances" and to ensure that impartial investigations are conducted into mass graves in its Kashmir region. The Indian state police confirms as many as 331 deaths while in custody and 111 enforced disappearances since 1989.[470][469][466][471] A report from the Indian Central Bureau of Investigation (CBI) claimed that the seven people killed in 2000 by the Indian military, were innocent civilians.[490][491] The Indian Army has decided to try the accused in the General Court Martial.[492] It was also reported that the killings that were allegedly committed in "cold-blood" by the Army, were actually in retaliation for the murder of 36 civilians [Sikhs] by militants at Chattisingpora in 2000.[492] The official stance of the Indian Army was that, according to its own investigation, 97% of the reports about human rights abuses have been found to be "fake or motivated".[493] However, there have been at least one case where civilians have been killed in 'fake encounters' by Indian army personnel for cash rewards.[494] According to a report by Human Rights Watch:

Indian security forces have assaulted civilians during search operations, tortured and summarily executed detainees in custody and murdered civilians in reprisal attacks. Rape most often occurs during crackdowns, cordon-and-search operations during which men are held for identification in parks or schoolyards while security forces search their homes. In these situations, the security forces frequently engage in collective punishment against the civilian population, most frequently by beating or otherwise assaulting residents, and burning their homes. Rape is used as a means of targetting women whom the security forces accuse of being militant sympathizers; in raping them, the security forces are attempting to punish and humiliate the entire community.[495]

The allegation of mass rape incidents as well as forced disappearances are reflected in a Kashmiri short documentary film by an Independent Kashmiri film-maker, the Ocean of Tears produced by a non-governmental non-profit organisation called the Public Service Broadcasting Trust of India and approved by the Ministry of Information and Broadcasting (India). The film depicts mass rape incidents in Kunan Poshpora and Shopian as facts and alleges that Indian Security Forces were responsible.[496][497]

Médecins Sans Frontières conducted a research survey in 2005 that found 11.6% of the interviewees who took part had been victims of sexual abuse since 1989.[498][499] This empirical study found that witnesses to rape in Kashmir was comparatively far higher than the other conflict zones such as Sierra Leone and Sri Lanka. 63% of people had heard of rape and 13% of the people had witnessed a rape. Dr Seema Kazi holds the security forces more responsible for raping than militants due to rape by the former being larger in scale and frequency. In areas of militant activity the security forces use rape to destroy morale of Kashmiri resistance.[500] Dr Seema Kazi says these rapes cannot be ignored as rare occurrences nor should be ignored the documented acknowledgement of individual soldiers that they were ordered to rape.[501] Kazi explains rape in Kashmir as a cultural weapon of war:

In the particular context of Kashmir where an ethnic Muslim minority population is subject to the repressive dominance of a predominantly Hindu State, the sexual appropriation of Kashmiri women by State security forces exploits the cultural logic of rape whereby the sexual dishonour of individual women is coterminous with the subjection and subordination of Kashmiri men and the community at large.[502]

Former Chief Justice of Jammu and Kashmir High Court noted in his report on human rights in Kashmir: "It is hard to escape the conclusion that the security forces who are overwhelmingly Hindu and Sikh, see it as their duty to beat an alien population into submission."[503]

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. Amnesty International criticized the Indian Military regarding an incident on 22 April 1996, when several armed forces personnel forcibly entered the house of a 32-year-old woman in the village of Wawoosa in the Rangreth district of Jammu and Kashmir. They reportedly molested her 12-year-old daughter and raped her other three daughters, aged 14, 16, and 18. When another woman attempted to prevent the soldiers from attacking her two daughters, she was beaten. Soldiers reportedly told her 17-year-old daughter to remove her clothes so that they could check whether she was hiding a gun. They molested her before leaving the house.[471]

According to an op-ed published in a BBC journal, the emphasis of the movement after 1989, ″soon shifted from nationalism to Islam.″ It also claimed that the minority community of Kashmiri Pandits, who have lived in Kashmir for centuries, were forced to leave their homeland.[504] Reports by the Indian government state 219 Kashmiri pandits were killed and around 140,000 migrated due to millitancy while over 3000 remained in the valley.[505][506] The local organisation of Pandits in Kashmir, Kashmir Pandit Sangharsh Samiti claimed that 399 Kashmiri Pandits were killed by insurgents.[507][508] Al Jazeera states that 650 Pandits were murdered by militants.[509] Human Rights Watch also blamed Pakistan for supporting militants in Kashmir, in same 2006 report it says, "There is considerable evidence that over many years Pakistan has provided Kashmiri militants with training, weapons, funding and sanctuary. Pakistan remains accountable for abuses committed by militants that it has armed and trained."[465][510][511]

Our people were killed. I saw a girl tortured with cigarette butts. Another man had his eyes pulled out and his body hung on a tree. The armed separatists used a chainsaw to cut our bodies into pieces. It wasn't just the killing but the way they tortured and killed.

— A crying old Kashmiri Hindu in refugee camps of Jammu to a BBC news reporter[504]

The violence was condemned and labelled as ethnic cleansing in a 2006 resolution passed by the United States Congress.[512] It stated that the Islamic terrorists infiltrated the region in 1989 and began an ethnic cleansing campaign to convert Kashmir into a Muslim state. According to the same resolution, since then nearly 400,000 Pandits were either murdered or forced to leave their ancestral homes.[513]

According to a Hindu American Foundation report, the rights and religious freedom of Kashmiri Hindus have been severely curtailed since 1989, when there was an organised and systematic campaign by Islamist militants to cleanse Hindus from Kashmir. Less than 4,000 Kashmiri Hindus remain in the valley, reportedly living with daily threats of violence and terrorism.[514] Sanjay Tickoo, who heads the KPSS, an organisation which looks after Pandits who remain in the Valley, says the situation is complex. On one hand the community did face intimidation and violence but on the other hand he says there was no genocide or mass murder as suggested by Pandits who are based outside of Kashmir.[509]

The displaced Pandits, many of whom continue to live in temporary refugee camps in Jammu and Delhi, are still unable to safely return to their homeland.[514] The lead in this act of ethnic cleansing was initially taken by the Jammu & Kashmir Liberation Front and the Hizbul Mujahideen. According to Indian media, all this happened at the instigation of Pakistan's Inter-Services Intelligence (ISI) by a group of Kashmiri terrorist elements who were trained, armed and motivated by the ISI. Reportedly, organisations trained and armed by the ISI continued this ethnic cleansing until practically all the Kashmiri Pandits were driven out after having been subjected to numerous indignities and brutalities such as rape, torture, forcible seizure of property etc.[515]

The separatists in Kashmir deny these allegations. The Indian government is also trying to reinstate the displaced Pandits in Kashmir. Tahir, the district commander of a separatist Islamic group in Kashmir, stated: "We want the Kashmiri Pandits to come back. They are our brothers. We will try to protect them." But the majority of the Pandits, who have been living in pitiable conditions in Jammu, believe that, until insurgency ceases to exist, return is not possible.[504] Mustafa Kamal, brother of Union Minister Farooq Abdullah, blamed security forces, former Jammu and Kashmir governor Jagmohan and PDP leader Mufti Sayeed for forcing the migration of Kashmiri Pandits from the Valley.[516] Jagmohan denies these allegations.[504] Pro-India politician Abdul Rashid says Pandits forced the migration on themselves so Muslims can be killed. He says the plan was to leave Muslims alone and bulldoze them freely.[517]

The CIA has reported that at least 506,000 people from Indian Administered Kashmir are internally displaced, about half of who are Hindu Pandits.[518][519] The United Nations Commission on Human Rights (UNCR) reports that there are roughly 1.5 million refugees from Indian-administered Kashmir, the bulk of who arrived in Pakistan-administered Kashmir and in Pakistan after the situation on the Indian side worsened in 1989 insurgency.[520]

Pakistan administered Kashmir

Azad Kashmir

The 2010 Chatham House opinion poll of Azad Kashmir's people found that overall concerns about human rights abuses in 'Azad Kashmir' was 19%.[458] The district where concern over human rights abuses was greatest was Bhimber where 32% of people expressed concern over human rights abuses.[458] The lowest was in the district of Sudanhoti where concern over human rights abuses was a mere 5%.[458]

Claims of religious discrimination and restrictions on religious freedom in Azad Kashmir have been made against Pakistan.[521] The country is also accused of systemic suppression of free speech and demonstrations against the government.[522][521] UNHCR reported that a number of Islamist militant groups, including al-Qaeda, operate from bases in Pakistani-administered Kashmir with the tacit permission of ISI[520][521] There have also been several allegations of human rights abuse.[520]

In 2006, Human Rights Watch accused ISI and the military of systemic torture with the purpose of "punishing" errant politicians, political activists and journalists in Azad Kashmir.[523] According to Brad Adams, the Asia director at Human Rights Watch, the problems of human rights abuses in Azad Kashmir were not "rampant" but they needed to be addressed, and that the severity of human rights issues in Indian-administered Kashmir were "much, much, much greater".[524] A report titled "Kashmir: Present Situation and Future Prospects", submitted to the European Parliament by Emma Nicholson, was critical of the lack of human rights, justice, democracy, and Kashmiri representation in the Pakistan National Assembly.[525] According to the Human Rights Commission of Pakistan, Pakistan's ISI operates in Pakistan-administered Kashmir and is accused of involvement in extensive surveillance, arbitrary arrests, torture, and murder.[521] The 2008 report by the United Nations High Commissioner for Refugees determined that Pakistan-administered Kashmir was 'not free'.[521] According to Shaukat Ali, chairman of the International Kashmir Alliance, "On one hand Pakistan claims to be the champion of the right of self-determination of the Kashmiri people, but she has denied the same rights under its controlled parts of Kashmir and Gilgit-Baltistan".[526]

After the 2011 elections, Azad Kashmir Prime Minister Sardar Attique Ahmad Khan stated that there were mistakes in the voters list which have raised questions about the credibility of the elections.[527]

In December 1993, the blasphemy laws of Pakistan were extended to Pakistan Administered Kashmir. The area is ruled directly through a chief executive Lt. Gen. Mohammed Shafiq, appointed by Islamabad with a 26-member Northern Areas Council.[528]

UNCR reports that the status of women in Pakistani-administered Kashmir is similar to that of women in Pakistan. They are not granted equal rights under the law, and their educational opportunities and choice of marriage partner remain "circumscribed". Domestic violence, forced marriage, and other forms of abuse continue to be issues of concern. In May 2007, the United Nations and other aid agencies temporarily suspended their work after suspected Islamists mounted an arson attack on the home of two aid workers after the organisations had received warnings against hiring women. However, honour killings and rape occur less frequently than in other areas of Pakistan.[520]

Scholar Sumantra Bose comments that the uprising remained restricted to the Indian side and did not spill over into Pakistani-administered Kashmir despite a lack of democratic freedoms on the Pakistani side. Bose offers a number of possible explanations for this. Azad Kashmir's strong pro-Pakistan allegiances and a relatively smaller population are suggested as reasons. But Bose believes that a stronger explanation was that Pakistan had itself been a military-bureaucratic state for most of its history without stable democratic institutions. According to Bose, the Kashmiri Muslims had higher expectations from India which turned out to be a "moderately successful" democracy and it was in this context that Kashmiri Muslim rage spilled over after the rigging of the elections in 1987.[529] The residents of Azad Kashmir are also mostly Punjabi, differing in ethnicity from Kashmiris in the Indian administered section of the state.[530]

Gilgit-Baltistan

The main demand of the people of Gilgit-Baltistan is constitutional status for the region as a fifth province of Pakistan.[531][532] However, Pakistan claims that Gilgit-Baltistan cannot be given constitutional status due to Pakistan's commitment to the 1948 UN resolution.[532][533] In 2007, the International Crisis Group stated that "Almost six decades after Pakistan's independence, the constitutional status of the Federally Administered Northern Areas (Gilgit and Baltistan), once part of the former princely state of Jammu and Kashmir and now under Pakistani control, remains undetermined, with political autonomy a distant dream. The region's inhabitants are embittered by Islamabad's unwillingness to devolve powers in real terms to its elected representatives, and a nationalist movement, which seeks independence, is gaining ground. The rise of sectarian extremism is an alarming consequence of this denial of basic political rights".[534] A two-day conference on Gilgit-Baltistan was held on 8–9 April 2008 at the European Parliament in Brussels under the auspices of the International Kashmir Alliance.[535] Several members of the European Parliament expressed concern over human rights violations in Gilgit-Baltistan and urged the government of Pakistan to establish democratic institutions and the rule of law in the area.[535][536]

In 2009, the Pakistani government implemented an autonomy package for Gilgit-Baltistan, which entails rights similar to those of Pakistan's other provinces.[531] Gilgit-Baltistan thus gains province-like status without actually being conferred such status constitutionally.[531][533] Direct rule by Islamabad has been replaced by an elected legislative assembly under a chief minister.[531][533] The 2009 reform has not satisfied locals who demand citizenship rights and it has continued to leave Gilgit Baltistan's constitutional status within Pakistan undefined; although it has added to the self-identification of the territory. According to Antia Mato Bouzas, the PPP-led Pakistani government had attempted a compromise between its official position on Kashmir and the demands of a population where the majority may have pro-Pakistan sentiments.[537]

There has been criticism and opposition to this move in Pakistan, India, and Pakistan-administered Kashmir.[538] The move has been dubbed a cover-up to hide the real mechanics of power, which allegedly are under the direct control of the Pakistani federal government.[539] The package was opposed by Pakistani Kashmiri politicians who claimed that the integration of Gilgit-Baltistan into Pakistan would undermine their case for the independence of Kashmir from India.[540] 300 activists from Kashmiri groups protested during the first Gilgit-Baltistan legislative assembly elections, with some carrying banners reading "Pakistan's expansionist designs in Gilgit-Baltistan are unacceptable"[532] In December 2009, activists from nationalist Kashmiri groups staged a protest in Muzaffarabad to condemn the alleged rigging of elections and the killing of an 18-year-old student.[541]

Map legality

As with other disputed territories, each government issues maps depicting their claims in Kashmir territory, regardless of actual control. Due to India's Criminal Law Amendment Act, 1961, it is illegal in India to exclude all or part of Kashmir from a map (or to publish any map that differs from those of the Survey of India).[542]

Statistics

Since 1989 and by 2006, over 50,000 people are claimed by Human Rights Watch to have died during the conflict,[465] with at least 20,000 of them civilian.[543] In 2008, authorities said that 43,000 people have been killed in the violence.[283] Data released in 2011 by Jammu and Kashmir government stated that, in the last 21 years, 43,460 people have been killed in the Kashmir insurgency. Of these, 21,323 are militants, 13,226 civilians killed by militants, 3,642 civilians killed by security forces, and 5,369 policemen killed by militants.[544]

According to the Government of India Home Ministry, 2008 was the year with the lowest civilian casualties in 20 years, with 89 deaths, compared to a high of 1,413 in 1996.[545] In 2008, 85 security personnel died compared to 613 in 2001, while 102 militants were killed. The human rights situation improved, with only one custodial death, and no custodial disappearances. Many analysts say Pakistan's preoccupation with jihadis within its own borders explains the relative calm.[546] In March 2009, Abdullah stated that only 800 militants were active in the state and out of these only 30% were Kashmiris.[547]

In 2016 Jammu and Kashmir Coalition of Civil Society said there had been 70,000 plus killings, a majority committed by the Indian armed forces.[461] The pro-Pakistan Hurriyat group has claimed a higher death toll of 80,000 including civilians, security forces and militants.[548]

Natural disaster diplomacy

The 2005 Kashmir earthquake, which killed over 80,000 people, led to India and Pakistan finalising negotiations for the opening of a road for disaster relief through Kashmir.[549] 2014 India–Pakistan floods was also followed by statements of cooperation by leaders of both countries.[550][551][552][553]

See also

Notes

  1. ^ China's secondary role mentioned in various sources.[5][6][7][8][9][10]
  2. ^ Kashmiri leader Sheikh Abdullah noted in the UN Security Council in 1948: "the (plebiscite) offer (was) made by the Prime Minister of India when, I think, he had not the slightest need for making it, for Kashmir was in distress... The Government of India could have easily accepted the accession and said, 'All right, we accept your accession and we shall render this help.' There was no necessity for the Prime Minister of India to add the proviso while accepting the accession that 'India does not want to take advantage of the difficult situation in Kashmir.'(Varshney, Three Compromised Nationalisms 1992, p. 195)
  3. ^ Panigrahi, Jammu and Kashmir, the Cold War and the West (2009, p. 54) "According to Mir Qasim, Nehru was unwilling to send Indian army. He was insistent that the Government could not send its forces at the request of the Maharaja "although he wanted to accede to India," unless the accession was endorsed by the people of Kashmir... Sheikh Abduallah who was listening to the debate from an anteroom scribbled a note for Nehru requesting him to send the army to save Kashmir from the invaders."
  4. ^ Snedden, Kashmir The Unwritten History (2013, pp. 46–47): "[O]n 28 October [1947], The Times, while referring to the anti-Indian 'raiding forces', was still able to identify four elements among the 3,000 or so 'Muslim rebels and tribesmen' in J&K: 1) 'Muslim League agents and agitators from Pakistan'; 2) 'villagers who have raised the Pakistan flag and attacked Kashmir officials'; 3) 'Pathan [Pakhtoon] tribesmen'; 4) 'Muslim deserters from Kashmir State forces who have taken their arms with them'."
  5. ^ Snedden, Kashmir The Unwritten History (2013, p. 68): "Nehru informed [the Chief Ministers] that 'the actual tribesmen among the raiders are probably limited in numbers, the rest are ex-servicemen [of Poonch]'."
  6. ^ a b c Mīr Qāsim, Sayyid (1992). My Life and Times. Allied Publishers Limited. ISBN 9788170233558. On the battlefield, the National Conference volunteers were working shoulder-to-shoulder with the Indian army to drive out the invaders....Sheikh Abdullah was not in favor of India seeking the UN intervention because he was sure the Indian army could free the entire State of the invaders.
  7. ^ George Cunningham, the Governor of NWFP, observed: "The tragedy is that Jinnah could, I believe, have got India's agreement to a plebiscite under impartial control, 10 days ago, but as the tribes were then in the ascendant for the time being he thought he would hold out a bit longer for better terms. It looks as if he may now have lost his chance." (Raghavan, War and Peace in Modern India 2010, p. 111)
  8. ^ Brecher, The Struggle for Kashmir (1953, p. 92): 'India was "to begin to withdraw the bulk of their forces" only after "the Commission shall have notified (it) that the tribesmen and Pakistan nationals...have withdrawn...and further, that the Pakistan forces are being withdrawn." Moreover, the withdrawal of Indian forces was to be conducted "in stages to be agreed upon with the Commission," not with Pakistan.'
  9. ^ Korbel (1953, p. 502): "Though India accepted the resolution, Pakistan attached to its acceptance so many reservations, qualifications and assumptions as to make its answer 'tantamount to rejection'."
  10. ^ Korbel (1953, pp. 506–507): "When a further Security Council resolution urged the governments of India and Pakistan to agree within thirty days on the demilitarization of Kashmir, on the basis of Dr. Graham's recommendation, Pakistan once more accepted and India once more refused....Dr. Graham met the Indian request for retaining in Kashmir 21,000 men, but continued to propose 6,000 soldiers on the Azad side. Pakistan could not accept the first provision and India continued to insist on its stand concerning the Azad forces. The meeting, which ended in failure, was accompanied by bitter comments in the newspapers of both India and Pakistan about United Nations intervention in the Kashmir dispute."
  11. ^
    • Korbel (1953, p. 507): "With the hindsight of six years, the Council's approach, though impartial and fair, appears to have been inadequate in that it did not reflect the gravity of the Kashmir situation.... The Security Council did not deal with either of these arguments [India's assumption of the legal validity of the accession and Pakistan's refusal to recognize its validity]. Nor did it consider the possibility of asking the International Court of Justice for an advisory opinion on the juridical aspect of the conflict under Article 96 of the Charter. Nor did it invoke any provisions of Chapter VII of the Charter, which deals with 'acts of aggression'."
    • Subbiah (2004, p. 180): "From the beginning, the Security Council framed the problem as primarily a political dispute rather than looking to a major legal underpinning of the dispute: the Instrument of Accession's validity or lack thereof."
  12. ^
    • Ankit (2013, p. 276): To Cadogan [Britain's permanent representative at the UN], irrespective of "whether forces in question are organised or disorganised or whether they are controlled by, or enjoy the convenience of, Government of Pakistan," India was entitled to take measures for self-defence: repelling invaders, pursuing invaders into Pakistan under Article 51 of the UN Charter and charging Pakistan as aggressor under Article 35.
    • Ankit (2013, p. 279): Mountbatten, too, pleaded directly with Attlee along political as well as personal lines: "I am convinced that this attitude of the United States and the United Kingdom is completely wrong and will have far reaching results. Any prestige I may previously have had with my Government has of course been largely lost by my having insisted that they should make a reference to the United Nations with the assurance that they would get a square deal there."
  13. ^
    • Choudhury, Golam (1968). Pakistan's Relations with India: 1947–1966. Praeger. pp. 178. Indian leaders...continued to express the hope that partition would ultimately be undone; in particular they envisaged the possibility of annexing East Pakistan. Pakistan's resentment...was confined to a disputed area...when as a result of Indian intransigence the prospects of a peaceful solution of the Kashmir issue seemed bleak, there were outbursts of anti-Indian feelings in Pakistan...Alleged talk of 'holy war' or Jehad referred to the disputed territory of Kashmir. But in India, leaders, press and even scholars had no hesitation in expressing the hope of undoing the partition and thus annihilating Pakistan.
    • Choudhury, Golam (1968). Pakistan's Relations with India: 1947–1966. Praeger. pp. 175. Most of those quotations related to the period after the signing of the Liaquat-Nehru Agreement of April 8, 1950 under which India and Pakistan undertook not to permit propaganda in either country...seeking to incite war between the two countries. The government of Pakistan initiated twenty-seven complaints of flagrant violation of the Agreement by a number of influential Indian newspapers, but no effective action was taken by the Indian government, the plea being that its scope for action was limited by the India constitution. The Pakistan government pointed out that, if this were the position, the government of India should not have undertaken an international obligations which it was not in a position to carry out. The government of India made only eight complaints about alleged violation of the Agreement.
    • Choudhury, Golam (1968). Pakistan's Relations with India: 1947–1966. Praeger. pp. 166. Liaquat drew attention to the continuous and blatant propaganda for war against Pakistan, and indeed for the very liquidation of Pakistan, carried on by the Indian press, prominent leaders and political parties which openly adopted as an article of creed the undoing of partition.- which meant nothing but liquidation of Pakistan. No doubt there had been talk of Jehad or liberation of the Muslim population of Kashmir in Pakistan but...Pakistan's grievances have always been confined to Kashmir which...is a disputed territory. It was wrong to construe expressions giving vent to feelings of frustration over the failure of peaceful methods of solution in Kashmir as a desire for war against India. But, in India, the creation of Pakistan itself is still regarded as a tragic mistake which ought to be corrected.
  14. ^ Varshney, Three Compromised Nationalisms 1992, p. 216: Independent observers could get no evidence of it. The New York Times found that "most of the prisoners captured thus far do not speak the Kashmiri dialect. They speak... Punjabi and other dialects."... The Washington Post remarked: "The Moslem Pakistanis, led by President Ayub, had expected the infiltrators to be able to produce a general uprising and this is Ayub's first disappointment."... Once again, it seemed clear that whatever the state of their relationship with India, Kashmiris did not wish to embrace Pakistan.
  15. ^ Gilgit Baltistan was not included in the survey

Citations

  1. ^ Yahuda, Michael (2 June 2002). "China and the Kashmir crisis". BBC. Retrieved 22 March 2019.
  2. ^ Chang, I-wei Jennifer (9 February 2017). "China's Kashmir Policies and Crisis Management in South Asia". United States Institute of Peace. Retrieved 22 March 2019.
  3. ^ a b Slater, Christopher L.; Hobbs, Joseph J. (2003). Essentials of World Regional Geography (4 ed.). Brooks/Cole Thomson Learning. p. 312. ISBN 9780534168100. LCCN 2002106314 – via Internet Archive. India now holds about 55% of the old state of Kashmir, Pakistan 30%, and China 15%.
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    p. 53: The story of the Kargil War—Pakistan's biggest defeat by India since 1971 —is one that goes to the heart of why it lost the Great South Asian War.
    p. 64: Afterwards, Musharraf and his supporters would claim that Pakistan won the war militarily and lost it diplomatically. In reality, the military and diplomatic tides turned against Pakistan in tandem.
    p. 66: For all its bravado, Pakistan had failed to secure even one inch of land.
    p. 66-67:Less than a year after declaring itself a nuclear-armed power, Pakistan had been humiliated diplomatically and militarily.
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  87. ^ Gupta, Jammu and Kashmir 2012, pp. 156–: "At the next meeting the Security Council appointed Sir Owen Dixon as the U.N. representative for India and Pakistan on 12 April 1950. He was to implement the McNaughton proposals for the demilitarization of the State."
  88. ^ Josef Korbel (8 December 2015). Danger in Kashmir. Princeton University Press. pp. 168–. ISBN 978-1-4008-7523-8. It called upon India and Pakistan 'to prepare and execute within a period of five months from the date of this resolution a programme of demilitarization on the basis of principles 2 of General McNaughton's proposal.; It further decided to replace the United Nations Commission by a representative entrusted with arbitrary powers 'to interpret the agreements reached by the parties for demilitarization,' in case they should agree in this most important matter. It also requested this representative to make any suggestions which would in his opinion expedite and offer an enduring solution to the Kashmir dispute.
  89. ^ Victoria Schofield (30 May 2010). Kashmir in Conflict: India, Pakistan and the Unending War. I.B.Tauris. pp. 101–. ISBN 978-0-85773-078-7. On 27 May 1950 the Australian jurist, Sir Owen Dixon, arrived in the sub-continent, as the one man successor to UNCIP...Patel wrote to Nehru that Dixon was working to bring about an agreement on the question of demilitarisation.
  90. ^ Gupta, Jammu and Kashmir 2012, pp. 160–: "He summed up his impressions in very strong language, sharply taking India to task for its negative attitude towards the various alternative demilitarization proposals."
  91. ^ Snedden, Christopher (2005), "Would a plebiscite have resolved the Kashmir dispute?", South Asia: Journal of South Asian Studies, 28 (1): 64–86, doi:10.1080/00856400500056145, S2CID 145020726
  92. ^ Gupta, Jammu and Kashmir 2012, pp. 161–: "In any case, Pakistan turned down the proposal on the ground that India's commitment for a plebiscite in the whole of Jammu and Kashmir should not be departed from."
  93. ^ Josef Korbel (8 December 2015). Danger in Kashmir. Princeton University Press. pp. 173–. ISBN 978-1-4008-7523-8. India, Pakistan insisted, was committed to a plebiscite in the State of Jammu and Kashmir as a whole.
  94. ^ Hilal, A.Z. (1997). "Kashmir dispute and UN mediation efforts: An historical perspective". Small Wars & Insurgencies. 8 (2): 75. This time it was Pakistan who refused to accept his proposal, arguing that Pakistan considered it a breach of India's agreement that: 'The destination of the state....as a whole should be decided by a single plebiscite taken over the entire state'.
  95. ^ Snedden, Christopher (2005). "Would a plebiscite have resolved the Kashmir dispute?". South Asia: Journal of South Asian Studies. 28: 64–86. doi:10.1080/00856400500056145. S2CID 145020726.
  96. ^ Gupta, Jammu and Kashmir 2012, pp. 161–162: "Troops of both countries were to be excluded from the limited plebiscite area...On 16 August 1950 the Indian Prime Minister rejected the plan for limited plebiscite on the following grounds:...4)The security of the State necessitated the presence of Indian troops and the exclusion of the Pakistani troops from the plebiscite area. India would not depart from that principle. Sir Owen Dixon disagreed with the Indian position. He aired his views that a neutral administration was necessary for a fair plebiscite, that the exclusion of Indian troops...were essential prerequisites of the same."
  97. ^ Bradnock, Robert W. (998), "Regional geopolitics in a globalising world: Kashmir in geopolitical perspective", Geopolitics, 3 (2): 11, doi:10.1080/14650049808407617, More importantly, Dixon concluded that it was impossible to get India's agreement to any reasonable terms. 'In the end I became convinced that India's agreement would never be obtained to demilitarisation in any such form, or to provisions governing the period of the plebiscite of any such character, as would in my opinion permit of the plebiscite being conducted in conditions sufficiently guarding against intimidation and other forms of influence and abuse by which the freedom and fairness of the plebiscite might be imperilled.
  98. ^ Victoria Schofield (2000). Kashmir in Conflict: India, Pakistan and the Unending War. I.B.Tauris. pp. 83–. ISBN 978-1-86064-898-4. Yet again the question of demilitarisation was the sticking point, causing Dixon to conclude: 'In the end I became convinced that India's agreement would never be obtained to demilitarisation in any such form, or to provisions governing the period of the plebiscite of any such character, as would in my opinion permit of the plebiscite being conducted in conditions sufficiently guarding against intimidation and other forms of influence and abuse by which the freedom and fairness of the plebiscite might be imperilled'. Without such demilitarisation, the local 'Azad' and regular Pakistani forces were not prepared to withdraw from the territory they had retained.
  99. ^ Schaffer, The Limits of Influence 2009, p. 30–: "The failure of the Dixon mission seems to have sharpened even further Ambassador Henderson's already deep suspicions of Indian motives and good faith. He concluded that growing resentment in India about the allegedly pro-Pakistan attitude of the United States on Kashmir—which he reported had been quietly stimulated by Nehru himself-made it desirable to have Britain and other commonwealth countries take the lead in working out a solution...Washington appears to have heeded the ambassador's advice."
  100. ^ Brecher 1953, p. 119.
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  104. ^ Brecher 1953, p. 123.
  105. ^ Victoria Schofield (30 May 2010). Kashmir in Conflict: India, Pakistan and the Unending War. I.B.Tauris. pp. 102–. ISBN 978-0-85773-078-7. The issue was briefly taken up by the Commonwealth, when, in January 1951, at a meeting of Commonwealth prime ministers, Robert Menzies, the Australian prime minister, suggested that Commonwealth troops should be stationed in Kashmir; that a joint Indo–Pakistani force should be stationed there, and to entitle the plebiscite administrator to raise local troops. Pakistan agreed to the suggestions, but India rejected them.
  106. ^ Schofield, Kashmir in Conflict 2003, pp. 83–86.
  107. ^ Josef Korbel (8 December 2015). Danger in Kashmir. Princeton University Press. pp. 178–180. ISBN 978-1-4008-7523-8. Pakistan accepted the resolution. India rejected it, principally because of the new proposal for arbitration. Pandit Nehru and his followers in Kashmir declared that they would not permit the fate of four million people to be decided by a third person. But this was overclouding the issue. It had never been recommended, nor can one seriously believe that Nehru actually thought it had been, that the final fate of Kashmir should be decided by a tribunal...It was only the extent and procedure of the state's demilitarization which was to be submitted to arbitration, should the parties again fail to agree. At this point India cannot escape criticism...On one occasion Nehru had thoroughly endorsed a policy proposed by the Indian National Congress...to have all disputes concerning Hindu-Muslim relationship, ″referred to arbitration to the League of Nations...or any other impartial body mutually agreed upon.″ When, however, Liaquat Ali Khan made the more concrete proposal that the Kashmir dispute be arbitrated...Nehru replied that the Kashmir dispute was ″a non-justiciable and political issue and cannot be disposed of by reference to a judicial tribunal.″
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  120. ^ Shankar, Nehru's Legacy in Kashmir 2016, p. 6. Scholars have similarly pointed to Nehru's occasional expression of skepticism about the wisdom and practicality of holding a plebiscite. Noorani, for instance, points to a missive from Nehru to Sheikh Abdullah in August 1952 in which the former admitted to having "ruled out the plebiscite for all practical purposes".
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    • Cheema, Zafar Iqbal (2009), "The strategic context of the Kargil conflict: A Pakistani perspective", in Peter René Lavoy (ed.), Asymmetric Warfare in South Asia: The Causes and Consequences of the Kargil Conflict, Cambridge University Press, p. 47, ISBN 978-0-521-76721-7
    • Schaffer, The Limits of Influence (2009, pp. 122–123)
    • Cohen, Stephen Philip (2002), "India, Pakistan and Kashmir", Journal of Strategic Studies, 25 (4): 32–60, doi:10.1080/01402390412331302865, S2CID 154265853
    • Kux, Dennis (1992), India and the United States: Estranged Democracies, 1941–1991, DIANE Publishing, p. 434, ISBN 978-0-7881-0279-0
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kashmir, conflict, territorial, conflict, over, kashmir, region, primarily, between, india, pakistan, also, between, china, india, northeastern, portion, region, conflict, started, after, partition, india, 1947, both, india, pakistan, claimed, entirety, former. The Kashmir conflict is a territorial conflict over the Kashmir region primarily between India and Pakistan and also between China and India in the northeastern portion of the region 1 2 The conflict started after the partition of India in 1947 as both India and Pakistan claimed the entirety of the former princely state of Jammu and Kashmir It is a dispute over the region that escalated into three wars between India and Pakistan and several other armed skirmishes India controls approximately 55 of the land area of the region that includes Jammu the Kashmir Valley most of Ladakh the Siachen Glacier 3 4 and 70 of its population Pakistan controls approximately 30 of the land area that includes Azad Kashmir and Gilgit Baltistan and China controls the remaining 15 of the land area that includes the Aksai Chin region the mostly uninhabited Trans Karakoram Tract and part of the Demchok sector 3 note 1 India claims the entire erstwhile British Indian princely state of Jammu and Kashmir based on an instrument of accession signed in 1947 Pakistan claims most of the region based on its Muslim majority population whereas China claims the largely uninhabited regions of Aksai Chin and the Shaksgam Valley After the partition of India and a rebellion in the western districts of the state Pakistani tribal militias invaded Kashmir leading the Hindu ruler of Jammu and Kashmir to join India 11 The resulting Indo Pakistani War ended with a UN mediated ceasefire along a line that was eventually named the Line of Control 12 13 In 1962 China invaded and fought a war with India along the disputed Indo Chinese border including in Indian administered Ladakh marking their entry to the Kashmir conflict 14 In 1965 Pakistan attempted to infiltrate Indian administered Kashmir to precipitate an insurgency there resulting in another war fought by the two countries over the region After further fighting during the war of 1971 the Simla Agreement formally established the Line of Control between the territories under Indian and Pakistani control 15 16 In 1999 an armed conflict between the two countries broke out again in Kargil with no effect on the status quo 17 Since 1989 Kashmiri protest movements were created to voice Kashmir s disputes and grievances with the Indian government in the Indian controlled Kashmir Valley 18 19 with some Kashmiri separatists in armed conflict with the Indian government based on the demand for self determination 18 19 20 21 22 Targeted violence by the insurgents also resulted in the large scale migration of Kashmiri Hindus out of the Kashmir Valley in the early 1990s 23 The 2010s were marked by further unrest erupting within the Kashmir Valley The 2010 Kashmir unrest began after an alleged fake encounter between local youth and security forces 24 Thousands of youths pelted security forces with rocks burned government offices and attacked railway stations and official vehicles in steadily intensifying violence 25 The Indian government blamed separatists and Lashkar e Taiba a Pakistan based militant group for stoking the 2010 protests 26 The 2016 Kashmir unrest erupted after the killing of a Hizbul Mujahideen militant Burhan Wani by Indian security forces 27 Further unrest in the region erupted after the 2019 Pulwama attack 28 According to scholars Indian forces have committed many human rights abuses and acts of terror against the Kashmiri civilian population including extrajudicial killing rape torture and enforced disappearances 21 29 30 According to Amnesty International no member of the Indian military deployed in Jammu and Kashmir has been tried for human rights violations in a civilian court as of June 2015 update although military courts martial have been held 31 Amnesty International has also accused the Indian government of refusing to prosecute perpetrators of abuses in the region 32 Moreover there have been instances of human rights abuses in Azad Kashmir including but not limited to political repressions and forced disappearances 33 Brad Adams the Asia director at Human Rights Watch said in 2006 Although Azad means free the residents of Azad Kashmir are anything but free The Pakistani authorities govern Azad Kashmir with strict controls on basic freedoms 34 The OHCHR reports on Kashmir released two reports on the situation of human rights in Indian Administered Kashmir and Pakistan Administered Kashmir Contents 1 India Pakistan conflict 1 1 Background 1 2 Partition and invasion 1 3 Accession 1 4 Indo Pakistani War of 1947 1 5 UN mediation 1 6 Dixon Plan 1 7 1950 military standoff 1 8 Nehru s plebiscite offer 1 9 Cold War 1 10 Sino Indian War 1 11 Operation Gibraltar and 1965 Indo Pakistani war 1 12 1971 Indo Pakistani war and Simla Agreement 2 Internal conflict 2 1 Political movements during the Dogra rule 1846 1947 2 2 Autonomy and plebiscite 1947 1953 2 3 Period of integration and rise of Kashmiri separatism 1954 1974 2 4 Revival of National Conference 1975 1983 2 5 Rise of the separatist movement and Islamism 1984 1986 2 6 1987 state elections 2 7 1989 popular insurgency and militancy 2 8 1989 1990 exodus of Kashmir Pandits 2 9 1999 conflict in Kargil 2 10 2000s Al Qaeda involvement 2 11 2008 present 3 National stances 3 1 Indian view 3 2 Pakistani view 3 3 Chinese view 3 4 Kashmiri views 3 5 Water dispute 4 Efforts to end the dispute 4 1 Settlement formulas 4 1 1 Rajaji Abdullah formula 4 1 2 Chenab formula 4 2 Contemporary views on UN resolutions 5 Pakistan s relation with militants 6 Human rights abuses 6 1 Indian administered Kashmir 6 2 Pakistan administered Kashmir 6 2 1 Azad Kashmir 6 2 2 Gilgit Baltistan 7 Map legality 8 Statistics 9 Natural disaster diplomacy 10 See also 11 Notes 12 Citations 13 Bibliography 14 Further reading 14 1 Pre independence history 14 2 Partition and post independence 15 External linksIndia Pakistan conflictFurther information Timeline of the Kashmir conflict Background See also Jammu and Kashmir princely state The Afghan Durrani Empire ruled Kashmir from 1752 35 until its 1819 conquest by the Sikh Empire under Ranjit Singh The Raja of Jammu Gulab Singh who was a vassal of the Sikh Empire and an influential noble in the Sikh court sent expeditions to various border kingdoms and ended up encircling Kashmir by 1840 Following the First Anglo Sikh War 1845 1846 Kashmir was ceded under the Treaty of Lahore to the East India Company which transferred it to Gulab Singh through the Treaty of Amritsar in return for the payment of indemnity owed by the Sikh empire Gulab Singh took the title of the Maharaja of Jammu and Kashmir From 1846 till the 1947 partition of India Kashmir was ruled by maharajas of Gulab Singh s Dogra dynasty as a princely state under British Paramountcy The British Raj managed the defence external affairs and communications for the princely state and stationed a British Resident in Srinagar to oversee the internal administration According to the 1941 census the state s population was 77 percent Muslim 20 percent Hindu and 3 percent others Sikhs and Buddhists 36 Despite its Muslim majority the princely rule was an overwhelmingly a Hindu dominated state 37 The Muslim majority suffered under the high taxes of the administration and had few opportunities for growth and advancement 38 Partition and invasion British rule in the Indian subcontinent ended in 1947 with the creation of new states the dominions of Pakistan and India as the successor states to British India The British Paramountcy over the 562 Indian princely states ended According to the Indian Independence Act 1947 the suzerainty of His Majesty over the Indian States lapses and with it all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States 39 40 States were thereafter left to choose whether to join India or Pakistan or to remain independent Jammu and Kashmir the largest of the princely states had a predominantly Muslim population ruled by the Hindu Maharaja Hari Singh He decided to stay independent because he expected that the State s Muslims would be unhappy with accession to India and the Hindus and Sikhs would become vulnerable if he joined Pakistan 41 42 On 11 August the Maharaja dismissed his prime minister Ram Chandra Kak who had advocated independence Observers and scholars interpret this action as a tilt towards accession to India 42 43 Pakistanis decided to preempt this possibility by wresting Kashmir by force if necessary 44 Pakistan made various efforts to persuade the Maharaja of Kashmir to join Pakistan In July 1947 Mohammad Ali Jinnah is believed to have written to the Maharaja promising every sort of favourable treatment followed by the lobbying of the State s Prime Minister by leaders of Jinnah s Muslim League party Faced with the Maharaja s indecision on accession the Muslim League agents clandestinely worked in Poonch to encourage the local Muslims to an armed revolt exploiting an internal unrest regarding economic grievances The authorities in Pakistani Punjab waged a private war by obstructing supplies of fuel and essential commodities to the State Later in September Muslim League officials in the Northwest Frontier Province including the Chief Minister Abdul Qayyum Khan assisted and possibly organized a large scale invasion of Kashmir by Pathan tribesmen 45 61 46 Several sources indicate that the plans were finalised on 12 September by the Prime Minister Liaquat Ali Khan based on proposals prepared by Colonel Akbar Khan and Sardar Shaukat Hayat Khan One plan called for organising an armed insurgency in the western districts of the state and the other for organising a Pushtoon tribal invasion Both were set in motion 47 48 The Jammu division of the state got caught up in the Partition violence Large numbers of Hindus and Sikhs from Rawalpindi and Sialkot started arriving in March 1947 following massacres in Rawalpindi bringing harrowing stories of Muslim atrocities According to Ilyas Chattha this provoked counter violence on Jammu Muslims which had many parallels with that in Sialkot 49 The violence in the eastern districts of Jammu that started in September developed into a widespread massacre of Muslims around October organised by the Hindu Dogra troops of the State and perpetrated by the local Hindus including members of the Rashtriya Swayamsevak Sangh and the Hindus and Sikhs displaced from the neighbouring areas of West Pakistan The Maharaja himself was implicated in some instances A large number of Muslims were killed Others fled to West Pakistan some of whom made their way to the western districts of Poonch and Mirpur which were undergoing rebellion Many of these Muslims believed that the Maharaja ordered the killings in Jammu which instigated the Muslims in West Pakistan to join the uprising in Poonch and help in the formation of the Azad Kashmir government 50 The rebel forces in the western districts of Jammu were organised under the leadership of Sardar Ibrahim a Muslim Conference leader They took control of most of the western parts of the State by 22 October On 24 October they formed a provisional Azad Kashmir free Kashmir government based in Palandri 51 Accession The Instrument of Accession of Kashmir to India was accepted by the Governor General of India Lord Mountbatten Justice Mehr Chand Mahajan the Maharaja s nominee for his next prime minister visited Nehru and Patel in Delhi on 19 September 1947 requesting essential supplies which had been blockaded by Pakistan since the beginning of September He communicated the Maharaja s willingness to accede to India Nehru however demanded that the jailed political leader Sheikh Abdullah be released from prison and involved in the state government Only then would he allow the state to accede 52 53 The Maharaja released Sheikh Abdullah on 29 September 43 The Maharaja s troops could not withstand the tribal militia attack in September and October 1947 they were heavily outnumbered and outgunned by the tribal militias and were also facing internal rebellions from Muslim troops The Maharaja made an urgent plea to Delhi for military assistance Upon the Governor General Lord Mountbatten s insistence India required the Maharaja to accede before it could send troops Accordingly the Maharaja signed an instrument of accession on 26 October 1947 which was accepted by the Governor General the next day 54 55 56 While the Government of India accepted the accession it added the proviso that it would be submitted to a reference to the people after the state is cleared of the invaders since only the people not the Maharaja could decide where Kashmiris wanted to live it was a provisional accession 57 58 note 2 The largest political party National Conference headed by Sheikh Abdullah endorsed the accession In the words of the National Conference leader Syed Mir Qasim India had the legal as well as moral justification to send in the army through the Maharaja s accession and the people s support of it 59 note 3 The Indian troops which were airlifted in the early hours of 27 October secured the Srinagar airport The city of Srinagar was being patrolled by the National Conference volunteers with Hindus and Sikhs moving about freely among Muslims an incredible sight to visiting journalists The National Conference also worked with the Indian Army to secure the city 60 In the north of the state lay the Gilgit Agency which had been leased by British India but returned to the Maharaja shortly before Independence Gilgit s population did not favour the State s accession to India Sensing their discontent Major William Brown the Maharaja s commander of the Gilgit Scouts mutinied on 1 November 1947 overthrowing the Governor Ghansara Singh The bloodless coup d etat was planned by Brown to the last detail under the code name Datta Khel Local leaders in Gilgit formed a provisional government Aburi Hakoomat naming Raja Shah Rais Khan as the president and Mirza Hassan Khan as the commander in chief But Major Brown had already telegraphed Khan Abdul Qayyum Khan asking Pakistan to take over According to historian Yaqoob Khan Bangash the provisional government lacked sway over the population which had intense pro Pakistan sentiments 61 Pakistan s Political Agent Khan Mohammad Alam Khan arrived on 16 November and took over the administration of Gilgit 62 63 According to various scholars the people of Gilgit as well as those of Chilas Koh Ghizr Ishkoman Yasin Punial Hunza and Nagar joined Pakistan by choice 64 65 66 67 Indo Pakistani War of 1947 Main article Indo Pakistani War of 1947 1948 Rebel forces from the western districts of the State and the Pakistani Pakhtoon tribesmen note 4 note 5 made rapid advances into the Baramulla sector In the Kashmir valley National Conference volunteers worked with the Indian Army to drive out the raiders note 6 The resulting First Kashmir War lasted until the end of 1948 The Pakistan army made available arms ammunition and supplies to the rebel forces who were dubbed the Azad Army Pakistani army officers conveniently on leave and the former officers of the Indian National Army were recruited to command the forces In May 1948 the Pakistani army officially entered the conflict in theory to defend the Pakistan borders but it made plans to push towards Jammu and cut the lines of communications of the Indian forces in the Mendhar valley 68 C Christine Fair notes that this was the beginning of Pakistan using irregular forces and asymmetric warfare to ensure plausible deniability which has continued ever since 69 On 1 November 1947 Mountbatten flew to Lahore for a conference with Jinnah proposing that in all the princely States where the ruler did not accede to a Dominion corresponding to the majority population which would have included Junagadh Hyderabad as well as Kashmir the accession should be decided by an impartial reference to the will of the people Jinnah rejected the offer According to Indian scholar A G Noorani Jinnah ended up squandering his leverage 70 Pakistani soldiers and tribesman captured Rajouri on 7 November 1947 which began the Rajouri Massacres of 30 000 Hindus and Sikhs locals and refugees from Partition The massacres would only end with the Indian Army recapturing Rajouri in April 1948 71 On 25 November the Pakistani tribesmen and soldiers attacked and took over Mirpur and began the Mirpur Massacre of Hindus and Sikhs in the area An estimated 20 000 Hindus and Sikhs were killed overall Rapes and other crimes were also committed during the aftermath 72 According to Jinnah India acquired the accession through fraud and violence 73 A plebiscite was unnecessary and states should accede according to their majority population He was willing to urge Junagadh to accede to India in return for Kashmir For a plebiscite Jinnah demanded simultaneous troop withdrawal for he felt that the average Muslim would never have the courage to vote for Pakistan in the presence of Indian troops and with Sheikh Abdullah in power When Mountbatten countered that the plebiscite could be conducted by the United Nations Jinnah hoping that the invasion would succeed and Pakistan might lose a plebiscite again rejected the proposal stating that the Governors Generals should conduct it instead Mountbatten noted that it was untenable given his constitutional position and India did not accept Jinnah s demand of removing Sheikh Abdullah 74 note 7 Prime Ministers Nehru and Liaquat Ali Khan met again in December when Nehru informed Khan of India s intention to refer the dispute to the United Nations under article 35 of the UN Charter which allows the member states to bring to the Security Council attention situations likely to endanger the maintenance of international peace 75 Nehru and other Indian leaders were afraid since 1947 that the temporary accession to India might act as an irritant to the bulk of the Muslims of Kashmir V P Menon Secretary in Patel s Ministry of States admitted in an interview in 1964 that India had been absolutely dishonest on the issue of plebiscite 76 A G Noorani blames many Indian and Pakistani leaders for the misery of Kashmiri people but says that Nehru was the main culprit 77 UN mediation Main article UN mediation of the Kashmir dispute India sought resolution of the issue at the UN Security Council despite Sheikh Abdullah s opposition to it note 6 Following the set up of the United Nations Commission for India and Pakistan UNCIP the UN Security Council passed Resolution 47 on 21 April 1948 The measure called for an immediate cease fire and called on the Government of Pakistan to secure the withdrawal from the state of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting It also asked Government of India to reduce its forces to minimum strength after which the circumstances for holding a plebiscite should be put into effect on the question of Accession of the state to India or Pakistan However it was not until 1 January 1949 that the ceasefire could be put into effect signed by General Douglas Gracey on behalf of Pakistan and General Roy Bucher on behalf of India 78 However both India and Pakistan failed to arrive at a truce agreement due to differences over interpretation of the procedure for and the extent of demilitarisation One sticking point was whether the Azad Kashmiri army was to be disbanded during the truce stage or at the plebiscite stage 79 The UNCIP made three visits to the subcontinent between 1948 and 1949 trying to find a solution agreeable to both India and Pakistan 80 It reported to the Security Council in August 1948 that the presence of troops of Pakistan inside Kashmir represented a material change in the situation A two part process was proposed for the withdrawal of forces In the first part Pakistan was to withdraw its forces as well as other Pakistani nationals from the state In the second part when the Commission shall have notified the Government of India that Pakistani withdrawal has been completed India was to withdraw the bulk of its forces After both the withdrawals were completed a plebiscite would be held 81 note 8 The resolution was accepted by India but effectively rejected by Pakistan note 9 The Indian government considered itself to be under legal possession of Jammu and Kashmir by virtue of the accession of the state The assistance given by Pakistan to the rebel forces and the Pakhtoon tribes was held to be a hostile act and the further involvement of the Pakistan army was taken to be an invasion of Indian territory From the Indian perspective the plebiscite was meant to confirm the accession which was in all respects already complete and Pakistan could not aspire to an equal footing with India in the contest 82 The Pakistan government held that the state of Jammu and Kashmir had executed a standstill agreement with Pakistan which precluded it from entering into agreements with other countries It also held that the Maharaja had no authority left to execute accession because his people had revolted and he had to flee the capital It believed that the Azad Kashmir movement as well as the tribal incursions were indigenous and spontaneous and Pakistan s assistance to them was not open to criticism 83 In short India required an asymmetric treatment of the two countries in the withdrawal arrangements regarding Pakistan as an aggressor whereas Pakistan insisted on parity The UN mediators tended towards parity which was not to India s satisfaction 84 In the end no withdrawal was ever carried out India insisting that Pakistan had to withdraw first and Pakistan contending that there was no guarantee that India would withdraw afterwards 85 No agreement could be reached between the two countries on the process of demilitarisation note 10 Cold War historian Robert J McMahon states that American officials increasingly blamed India for rejecting various UNCIP truce proposals under various dubious legal technicalities just to avoid a plebiscite McMahon adds that they were right since a Muslim majority made a vote to join Pakistan the most likely outcome and postponing the plebiscite would serve India s interests 86 Scholars have commented that the failure of the Security Council efforts of mediation owed to the fact that the Council regarded the issue as a purely political dispute without investigating its legal underpinnings note 11 Declassified British papers indicate that Britain and the US had let their Cold War calculations influence their policy in the UN disregarding the merits of the case note 12 Dixon Plan Sir Owen Dixon UN mediator The UNCIP appointed its successor Sir Owen Dixon to implement demilitarisation prior to a statewide plebiscite on the basis of General McNaughton s scheme and to recommend solutions to the two governments 87 88 89 Dixon s efforts for a statewide plebiscite came to naught due to India s constant rejection of the various alternative demilitarisation proposals for which Dixon rebuked India harshly 90 Dixon then offered an alternative proposal widely known as the Dixon plan Dixon did not view the state of Jammu and Kashmir as one homogeneous unit and therefore proposed that a plebiscite be limited to the Valley Dixon agreed that people in Jammu and Ladakh were clearly in favour of India equally clearly those in Azad Kashmir and the Northern Areas wanted to be part of Pakistan This left the Kashmir Valley and perhaps some adjacent country around Muzaffarabad in uncertain political terrain 91 Pakistan did not accept this plan because it believed that India s commitment to a plebiscite for the whole state should not be abandoned 92 93 94 Dixon also had concerns that the Kashmiris not being high spirited people may vote under fear or improper influences 95 Following Pakistan s objections he proposed that Sheikh Abdullah administration should be held in commission in abeyance while the plebiscite was held This was not acceptable to India which rejected the Dixon plan Another grounds for India s rejection of the limited plebiscite was that it wanted Indian troops to remain in Kashmir for security purposes but would not allow Pakistani troops the same However Dixon s plan had encapsulated a withdrawal by both sides Dixon had believed a neutral administration would be essential for a fair plebiscite 96 Dixon came to the conclusion that India would never agree to conditions and a demilitarization which would ensure a free and fair plebiscite 97 98 Dixon s failure also compounded American ambassador Loy Henderson s misgivings about Indian sincerity and he advised the US to maintain a distance from the Kashmir dispute which the US subsequently did and leave the matter for Commonwealth nations to intervene in 99 1950 military standoff The convening of the Constituent Assembly in Indian Kashmir in July 1950 proved contentious Pakistan protested to the Security Council which informed India that this development conflicted with the parties commitments The National Conference rejected this resolution and Nehru supported this by telling Dr Graham that he would receive no help in implementing the Resolution 100 A month later Nehru adopted a more conciliatory attitude telling a press conference that the Assembly s actions would not affect India s plebiscite commitment The delay caused frustration in Pakistan and Zafrullah Khan went on to say that Pakistan was not keeping a warlike mentality but did not know what Indian intransigence would lead Pakistan and its people to India accused Pakistan of ceasefire violations and Nehru complained of warmongering propaganda in Pakistan 101 On 15 July 1951 the Pakistani Prime Minister complained that the bulk of the Indian Army was concentrated on the Indo Pakistan border 102 The prime ministers of the two countries exchanged telegrams accusing each other of bad intentions Liaquat Ali Khan rejected Nehru s charge of warmongering propaganda note 13 Khan called it a distortion of the Pakistani press discontent with India over its persistence in not holding a plebiscite and a misrepresentation of the desire to liberate Kashmir as an anti Indian war Khan also accused India of raising its defence budget in the past two years a charge which Nehru rejected while expressing surprise at Khan s dismissal of the virulent anti Indian propaganda Khan and Nehru also disagreed on the details of the no war declarations Khan then submitted a peace plan calling for a withdrawal of troops settlement in Kashmir by plebiscite renouncing the use of force end to war propaganda and the signing of a no war pact 103 Nehru did not accept the second and third components of this peace plan The peace plan failed While an opposition leader in Pakistan did call for war leaders in both India and Pakistan did urge calm to avert disaster 104 The Commonwealth had taken up the Kashmir issue in January 1951 Australian Prime Minister Robert Menzies suggested that a Commonwealth force be stationed in Kashmir that a joint Indo Pakistani force be stationed in Kashmir and the plebiscite administrator be entitled to raise local troops while the plebiscite would be held Pakistan accepted these proposals but India rejected them because it did not want Pakistan who was in India s eyes the aggressor to have an equal footing 105 The UN Security Council called on India and Pakistan to honour the resolutions of plebiscite both had accepted in 1948 and 1949 The United States and Britain proposed that if the two could not reach an agreement then arbitration would be considered Pakistan agreed but Nehru said he would not allow a third person to decide the fate of four million people Korbel criticised India s stance towards a valid and recommended technique of international co operation 106 107 However the peace was short lived Later by 1953 Sheikh Abdullah who was by then in favour of resolving Kashmir by a plebiscite an idea which was anathema to the Indian government according to historian Zutshi 108 fell out with the Indian government He was dismissed and imprisoned in August 1953 His former deputy Bakshi Ghulam Mohammad was appointed as the prime minister and Indian security forces were deployed in the Valley to control the streets 109 110 Nehru s plebiscite offer In May 1953 the US Secretary of State John Foster Dulles recommended India and Pakistan seek a bilateral solution 111 112 Around this time Sheikh Abdullah fell out with the Indian government and lost the support of his colleageues in his cabinet He was dismissed and imprisoned in August 1953 His former deputy Bakshi Ghulam Mohammad was appointed as the prime minister and Indian security forces were deployed in the Valley to control the streets 109 110 With India s abridged authority in Kashmir Nehru decided that a settlement must be found India could not hold Kashmir at the point of a bayonet Starting in July 1953 he made a renewed push on the plebiscite option in discussions with Pakistan In bilateral talks held in Delhi in August 1953 he proposed that a plebiscite administrator be appointed within six months Other than demanding that the plebiscite administrator not be from one of the major powers he placed no other conditions 109 110 Historian Gowher Rizvi notes a dramatic reversal of India s earlier position Nehru was now willing to offer virtually everything that Pakistan had been seeking since 1947 113 Nehru suggested that the plebiscite could be held in all regions of the state and the state could be partitioned on the basis of the results He was open to a different approach to the scaling back of troops in the State so as to allow a free vote 109 110 Pakistani prime minister Bogra was able to return home triumphantly However in the face of questions and criticisms from colleagues his commitment began to waver The main objection from the Pakistani leaders was to Nehru s demand for replacing the plebiscite administrator Admiral Nimitz appointed by the UN Security Council with somebody from a smaller neutral power that had no strategic interests in the region Pakistanis suspected sinister motives and time was whittled away 114 115 Cold War The USA in February 1954 announced that it wanted to provide military aid to Pakistan The US signed a military pact with Pakistan in May by which Pakistan would receive military equipment and training The US president tried to alleviate India s concerns by offering similar weaponry to India This was an unsuccessful attempt 116 Nehru s misgivings about the US Pakistan pact made him hostile to a plebiscite 117 Consequently when the pact was concluded in May 1954 Nehru withdrew the plebiscite offer and declared that the status quo was the only remaining option 118 Nehru s withdrawal from the plebiscite option came as a major blow to all concerned 119 Scholars have suggested that India was never seriously intent on holding a plebiscite and the withdrawal came to signify a vindication of their belief 120 124 125 Indian writer Nirad C Chaudhuri has observed that Pakistan s acceptance of Western support ensured its survival 126 He believed that India intended to invade Pakistan twice or thrice during the period 1947 1954 For scholar Wayne Wilcox Pakistan was able to find external support to counter Hindu superiority returning to the group security position of the early 20th century 127 Sino Indian War Main article 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 128 Aksai Chin part of which was under Chinese jurisdiction before the war 129 130 131 132 remained under Chinese control since then Another smaller area the Trans Karakoram was demarcated as the Line of Control LOC between China and Pakistan although some of the territory on the Chinese side is claimed by India to be part of Kashmir The line that separates India from China in this region is known as the Line of Actual Control 133 Operation Gibraltar and 1965 Indo Pakistani war Main articles Operation Gibraltar Indo Pakistani War of 1965 and Tashkent Declaration Following its failure to seize Kashmir in 1947 Pakistan supported numerous covert cells in Kashmir using operatives based in its New Delhi embassy After its military pact with the United States in the 1950s it intensively studied guerrilla warfare through engagement with the US military In 1965 it decided that the conditions were ripe for a successful guerilla war in Kashmir Code named Operation Gibraltar companies were dispatched into Indian administered Kashmir the majority of whose members were razakars volunteers and mujahideen recruited from Pakistan administered Kashmir and trained by the Army These irregular forces were supported by officers and men from the paramilitary Northern Light Infantry and Azad Kashmir Rifles as well as commandos from the Special Services Group About 30 000 infiltrators are estimated to have been dispatched in August 1965 as part of the Operation Gibraltar 134 The plan was for the infiltrators to mingle with the local populace and incite them to rebellion Meanwhile guerilla warfare would commence destroying bridges tunnels and highways as well as Indian Army installations and airfields creating conditions for an armed insurrection in Kashmir 135 If the attempt failed Pakistan hoped to have raised international attention to the Kashmir issue 136 Using the newly acquired sophisticated weapons through the American arms aid Pakistan believed that it could achieve tactical victories in a quick limited war 137 However the Operation Gibraltar ended in failure as the Kashmiris did not revolt Instead they turned in infiltrators to the Indian authorities in substantial numbers and the Indian Army ended up fighting the Pakistani Army regulars Pakistan claimed that the captured men were Kashmiri freedom fighters a claim contradicted by the international media 138 note 14 On 1 September Pakistan launched an attack across the Cease Fire Line targeting Akhnoor in an effort to cut Indian communications into Kashmir In response India broadened the war by launching an attack on Pakistani Punjab across the international border The war lasted until 23 September ending in a stalemate Following the Tashkent Agreement both the sides withdrew to their pre conflict positions and agreed not to interfere in each other s internal affairs 1971 Indo Pakistani war and Simla Agreement Main articles Indo Pakistani War of 1971 and Simla Agreement The Line of Control between India and Pakistan agreed in the Simla Agreement UN Map The Indo Pakistani War of 1971 led to a loss for Pakistan and a military surrender in East Pakistan Bangladesh was created as a separate state with India s support and India emerged as a clear regional power in South Asia 139 A bilateral summit was held at Simla as a follow up to the war where India pushed for peace in South Asia 140 141 At stake were 5 139 square miles 13 310 km2 of Pakistan s territory captured by India during the conflict and over 90 000 prisoners of war held in Bangladesh India was ready to return them in exchange for a durable solution to the Kashmir issue Diplomat J N Dixit states that the negotiations at Simla were painful and tortuous and almost broke down The deadlock was broken in a personal meeting between the Prime Ministers Zulfikar Ali Bhutto and Indira Gandhi where Bhutto acknowledged that the Kashmir issue should be finally resolved and removed as a hurdle in India Pakistan relations that the cease fire line to be renamed the Line of Control could be gradually converted into a de jure border between India and Pakistan and that he would take steps to integrate the Pakistani controlled portions of Jammu and Kashmir into the federal territories of Pakistan 140 However he requested that the formal declaration of the Agreement should not include a final settlement of the Kashmir dispute as it would endanger his fledgling civilian government and bring in military and other hardline elements into power in Pakistan 142 Accordingly the Simla Agreement was formulated and signed by the two countries whereby the countries resolved to settle their differences by peaceful means through bilateral negotiations and to maintain the sanctity of the Line of Control Multilateral negotiations were not ruled out but they were conditional upon both sides agreeing to them 143 49 50 To India this meant an end to the UN or other multilateral negotiations However Pakistan reinterpreted the wording in the light of a reference to the UN charter in the agreement and maintained that it could still approach the UN The United States United Kingdom and most Western governments agree with India s interpretation 144 The Simla Agreement also stated that the two sides would meet again for establishing durable peace Reportedly Bhutto asked for time to prepare the people of Pakistan and the National Assembly for a final settlement Indian commentators state that he reneged on the promise Bhutto told the National Assembly on 14 July that he forged an equal agreement from an unequal beginning and that he did not compromise on the right of self determination for Jammu and Kashmir The envisioned meeting never occurred 145 Internal conflictSee also Timeline of the Kashmir conflict Political movements during the Dogra rule 1846 1947 Main article Political movements in Jammu and Kashmir princely state See also Timeline of the Kashmir conflict 1846 1945 Princely state In 1932 Sheikh Abdullah a Kashmiri and Chaudhry Ghulam Abbas a Jammuite led the founding of the All Jammu and Kashmir Muslim Conference in order to agitate for the rights of Muslims in the state 146 In 1938 they renamed the party National Conference in order to make it representative of all Kashmiris independent of religion 147 148 The move brought Abdullah closer to Jawaharlal Nehru the rising leader of the Congress party 149 The National Conference eventually became a leading member of the All India States Peoples Conference a Congress sponsored confederation of the political movements in the princely states Three years later rifts developed within the Conference owing to political regional and ideological differences A faction of the party s leadership grew disenchanted with Abdullah s leanings towards Nehru and the Congress and his secularisation of Kashmiri politics 150 151 152 153 Consequently Abbas broke away from the National Conference and revived the old Muslim Conference in 1941 in collaboration with Mirwaiz Yusuf Shah These developments indicated fissures between the ethnic Kashmiris and Jammuites as well as between the Hindus and Muslims of Jammu 154 Muslims in the Jammu region were Punjabi speaking and felt closer affinity to Punjabi Muslims than with the Valley Kashmiris 155 In due course the Muslim Conference started aligning itself ideologically with the All India Muslim League and supported its call for an independent Pakistan 150 The Muslim Conference derived popular support among the Muslims of the Jammu region and some from the Valley 156 157 Conversely Abdullah s National Conference enjoyed influence in the Valley 157 Chitralekha Zutshi states that the political loyalties of Valley Kashmiris were divided in 1947 but the Muslim Conference failed to capitalise on it due its fractiousness and the lack of a distinct political programme 158 In 1946 the National Conference launched the Quit Kashmir movement asking the Maharaja to hand the power over to the people The movement came under criticism from the Muslim Conference who charged that Abdullah was doing it to boost his own popularity waning because of his pro India stance Instead the Muslim Conference launched a campaign of action similar to Muslim League s programme in British India Both Abdullah and Abbas were imprisoned 159 By 22 July 1947 the Muslim Conference started calling for the state s accession to Pakistan 160 The Dogra Hindus of Jammu were originally organised under the banner of All Jammu and Kashmir Rajya Hindu Sabha with Prem Nath Dogra as a leading member 161 In 1942 Balraj Madhok arrived in the state as a pracharak of the Rashtriya Swayamsevak Sangh RSS He established branches of the RSS in Jammu and later in the Kashmir Valley Prem Nath Dogra was also the chairman sanghchalak of the RSS in Jammu 162 163 In May 1947 following the Partition plan the Hindu Sabha threw in its support to whatever the Maharaja might decide regarding the state s status which in effect meant support for the state s independence However following the communal upheaval of the Partition and the tribal invasion its position changed to supporting the accession of the state to India and subsequently full integration of Jammu with India 164 165 In November 1947 shortly after the state s accession to India the Hindu leaders launched the Jammu Praja Parishad with the objective of achieving the full integration of Jammu and Kashmir with India opposing the communist dominated anti Dogra government of Sheikh Abdullah 162 166 Autonomy and plebiscite 1947 1953 Article 370 was drafted in the Indian constitution granting special autonomous status to the state of Jammu and Kashmir as per Instrument of Accession This article specifies that the State must concur in the application of laws by Indian parliament except those that pertain to Communications Defence and Foreign Affairs Central Government could not exercise its power to interfere in any other areas of governance of the state In a broadcast on 2 November 1947 Prime Minister Jawaharlal Nehru announced that the fate of Kashmir would ultimately be decided by the people once law and order was established through a referendum held under international auspices like the United Nations 167 A similar pledge was made by the Government of India when the Kashmir dispute was referred to the UN Security Council on 1 January 1948 167 By some accounts Mountbatten had an understanding with Nehru that a referendum on the region s future would be held later 168 Sheikh Abdullah took oath as Prime Minister of the state on 17 March 1948 In 1949 the Indian government obliged Hari Singh to leave Jammu and Kashmir and yield the government to Sheikh Abdullah Karan Singh the son of the erstwhile Maharajah Hari Singh was made the Sadr i Riyasat Constitutional Head of State and the Governor of the state Elections were held for the Constituent Assembly of Jammu and Kashmir in 1951 with 75 seats allocated for the Indian administered part of Kashmir and 25 seats left reserved for the Pakistan administered part Sheikh Abdullah s National Conference won all 75 seats in a rigged election 169 170 In October 1951 Jammu amp Kashmir National Conference under the leadership of Sheikh Abdullah formed the Constituent Assembly of Jammu and Kashmir to formulate the Constitution of the state Sheikh initially wanted the Constituent Assembly to decide the State s accession But this was not agreed to by Nehru who stated that such underhand dealing would be very bad as the matter was being decided by the UN 171 Sheikh Abdullah was said to have ruled the state in an undemocratic and authoritarian manner during this period 172 According to historian Zutshi in the late 1940s most Kashmiri Muslims in Indian Kashmir were still debating the value of the state s association with India or Pakistan By the 1950s she says the National Conference government s repressive measures and the Indian state s seeming determination to settle the state s accession to India without a reference to the people of the state brought Kashmiri Muslims to extol the virtues of Pakistan and condemn India s high handedness in its occupation of the territory and even those who had been in India s favour began to speak in terms of the state s association with Pakistan 173 In early 1949 an agitation was started by Jammu Praja Parishad a Hindu nationalist party which was active in the Jammu region over the ruling National Conference s policies The government swiftly suppressed it by arresting as many as 294 members of the Praja Parishad including Prem Nath Dogra its president Though Sheikh s land reforms were said to have benefited the people of rural areas Praja Parishad opposed the Landed Estates Abolition Act saying it was against the Indian Constitutional rights for implementing land acquisition without compensation Praja Parishad also called for the full integration with the rest of India directly clashing with the demands of National Conference for complete autonomy of the state On 15 January 1952 students staged a demonstration against the hoisting of the state flag alongside the Indian Union flag They were penalised giving rise to a big procession on 8 February The military was called out and a 72 hour curfew imposed N Gopalaswami Ayyangar the Indian Central Cabinet minister in charge of Kashmir affairs came down to broker peace which was resented by Sheikh Abdullah 174 170 In order to break the constitutional deadlock Nehru invited the National Conference to send a delegation to Delhi The 1952 Delhi Agreement was formulated to settle the extent of applicability of the Indian Constitution to the Jammu and Kashmir and the relation between the State and Centre It was reached between Nehru and Abdullah on 24 July 1952 Following this the Constituent Assembly abolished the monarchy in Kashmir and adopted an elected Head of State Sadr i Riyasat However the Assembly was reluctant to implement the remaining measures agreed to in the Delhi Agreement 175 176 In 1952 Sheikh Abdullah drifted from his previous position of endorsing accession to India to insisting on the self determination of Kashmiris 177 The Praja Parishad undertook a civil disobedience campaign for a third time in November 1952 which again led to repression by the state government The Parishad accused Abdullah of communalism sectarianism favouring the Muslim interests in the state and sacrificing the interests of the others The Jana Sangh joined hands with the Hindu Mahasabha and Ram Rajya Parishad to launch a parallel agitation in Delhi In May 1953 Shyama Prasad Mukherjee a prominent Indian leader of the time and the founder of Hindu nationalist party Bharatiya Jana Sangh later evolved as BJP made a bid to enter Jammu and Kashmir after denying to take a permit citing his rights as an Indian citizen to visit any part of the country Abdullah prohibited his entry and promptly arrested him when he attempted An estimated 10 000 activists were imprisoned in Jammu Punjab and Delhi including Members of Parliament Unfortunately Mukherjee died in detention on 23 June 1953 leading to an uproar in whole India and precipitating a crisis that went out of control 178 175 Observers state that Abdullah became upset as he felt his absolute power was being compromised in India 179 Meanwhile Nehru s pledge of a referendum to people of Kashmir did not come into action Sheikh Abdullah advocated complete independence and had allegedly joined hands with US to conspire against India 180 On 8 August 1953 Sheikh Abdullah was dismissed as Prime Minister by the Sadr i Riyasat Karan Singh on the charge that he had lost the confidence of his cabinet He was denied the opportunity to prove his majority on the floor of the house He was also jailed in 1953 while Sheikh s dissident deputy Bakshi Ghulam Mohammad was appointed as the new Prime Minister of the state 181 Period of integration and rise of Kashmiri separatism 1954 1974 From all the information I have 95 per cent of Kashmir Muslims do not wish to be or remain Indian citizens I doubt therefore the wisdom of trying to keep people by force where they do not wish to stay This cannot but have serious long term political consequences though immediately it may suit policy and please public opinion Jayaprakash Narayan s letter to Nehru May 1 1956 182 Bakshi Mohammad implemented all the measures of the 1952 Delhi Agreement 183 In May 1954 as a subsequent to the Delhi agreement 184 The Constitution Application to Jammu and Kashmir Order 1954 is issued by the President of India under Article 370 with the concurrence of the Government of the State of Jammu and Kashmir In that order the Article 35A is added to the Constitution of India to empower the Jammu and Kashmir state s legislature to define permanent residents of the state and provide special rights and privileges to those permanent residents 185 On 15 February 1954 under the leadership of Bakshi Mohammad the Constituent Assembly of Jammu and Kashmir ratified the state s accession to India 186 187 On 17 November 1956 the Constitution of Jammu and Kashmir was adopted by the Assembly and it came into full effect on 26 January 1957 188 On 24 January 1957 the UN passed a resolution stating that the decisions of the Constituent Assembly would not constitute a final disposition of the State which needs to be carried out by a free and impartial plebiscite 189 Meanwhile in Pakistan administered Azad Jammu and Kashmir the 1955 Poonch uprising begins in February 1955 against the governments dismissal of Sardar Ibrahim Khan The rebellion would only be quashed in 1956 190 After the overthrow of Sheikh Abdullah his lieutenant Mirza Afzal Beg formed the Plebiscite Front on 9 August 1955 to fight for the plebiscite demand and the unconditional release of Sheikh Abdullah The activities of the Plebiscite Front eventually led to the institution of the infamous Kashmir Conspiracy Case in 1958 and two other cases On 8 August 1958 Abdullah was arrested on the charges of these cases 191 India s Home Minister Pandit Govind Ballabh Pant during his visit to Srinagar in 1956 declared that the State of Jammu and Kashmir was an integral part of India and there could be no question of a plebiscite to determine its status afresh hinting that India would resist plebiscite efforts from then on 192 After the mass unrest due to missing of holy relic from the Hazratbal Shrine on 27 December 1963 the State Government dropped all charges in the Kashmir Conspiracy Case as a diplomatic decision on 8 April 1964 Sheikh Abdullah was released and returned to Srinagar where he was accorded a great welcome by the people of the valley After his release he was reconciled with Nehru Nehru requested Sheikh Abdullah to act as a bridge between India and Pakistan and make President Ayub Khan of Pakistan agree to come to New Delhi for the talks for a final solution of the Kashmir problem President Ayub Khan also sent telegrams to Nehru and Sheikh Abdullah with the message that as Pakistan too was a party to the Kashmir dispute any resolution of the conflict without its participation would not be acceptable to Pakistan Sheikh Abdullah went to Pakistan in the spring of 1964 President Ayub Khan held extensive talks with him to explore various avenues for solving the Kashmir problem and agreed to come to Delhi in mid June for talks with Nehru as suggested by him Even the date of his proposed visit was fixed and communicated to New Delhi However while Abdullah was still in Pakistan news came of the sudden death of Nehru on 27 May 1964 The peace initiative died with Nehru 193 After Nehru s death in 1964 Abdullah was interned from 1965 to 1968 and exiled from Kashmir in 1971 for 18 months The Plebiscite Front was also banned This was allegedly done to prevent him and the Plebiscite Front which was supported by him from taking part in elections in Kashmir 194 On 21 November 1964 the Articles 356 and 357 of the Indian Constitution were extended to the state by virtue of which the Central Government can assume the government of the State and exercise its legislative powers On 24 November 1964 the Jammu and Kashmir Assembly passed a constitutional amendment changing the elected post of Sadr i Riyasat to a centrally nominated post of Governor and renaming Prime Minister to Chief Minister which is regarded as the end of the road for the Article 370 and the Constitutional autonomy guaranteed by it 188 On 3 January 1965 prior to 1967 Assembly elections the Jammu and Kashmir National Conference dissolved itself and merged into the Indian National Congress as a marked centralising strategy 195 After Indo Pakistani War of 1965 Kashmiri nationalists Amanullah Khan and Maqbool Bhat along with Hashim Qureshi in 1966 formed another Plebiscite Front in Azad Kashmir with an armed wing called the National Liberation Front NLF with the objective of freeing Kashmir from Indian occupation and then liberating the whole of Jammu and Kashmir Later in 1976 Maqbool Bhat is arrested on his return to the Valley Amanullah Khan moved to England and there NLF was renamed Jammu and Kashmir Liberation Front JKLF Shortly after 1965 war Kashmiri Pandit activist and writer Prem Nath Bazaz wrote that the overwhelming majority of Kashmir s Muslims were unfriendly to India and wanted to get rid of the political setup but did not want to use violence for this purpose He added It would take another quarter century of repression and generation turnover for the pacifist approach to yield decisively as armed struggle qualifying Kashmiris as reluctant secessionists 196 In 1966 the Indian opposition leader Jayaprakash wrote to Indian Prime Minister Indira Gandhi that India rules Kashmir by force 196 In 1974 the State Subject law was officially abolished in Gilgit Baltistan which allowed any Pakistani to settle and buy land 197 Revival of National Conference 1975 1983 In 1971 the declaration of Bangladesh s independence was proclaimed on 26 March by Sheikh Mujibur Rahman and subsequently the Bangladesh Liberation War broke out in erstwhile East Pakistan between Pakistan and Bangladesh which was later joined by India and subsequently war broke out on the western border of India between India and Pakistan both of which culminated in the creation of Bangladesh It is said that Sheikh Abdullah watching the alarming turn of events in the subcontinent realized that for the survival of the region there was an urgent need to stop pursuing confrontational politics and promoting solution of issues by a process of reconciliation and dialogue Critics of Sheikh hold the view that he gave up the cherished goal of plebiscite for gaining Chief Minister s chair He started talks with the then Prime Minister Indira Gandhi for normalizing the situation in the region and came to an accord with her called 1975 Indira Sheikh accord by giving up the demand for a plebiscite in lieu of the people being given the right to self rule by a democratically elected Government as envisaged under article 370 of the Constitution of India rather than the puppet government which is said to have ruled the state until then 198 Sheikh Abdullah revived the National Conference and Mirza Afzal Beg s Plebiscite Front was dissolved in the NC Sheikh assumed the position of Chief Minister of Jammu and Kashmir again after 11 years Later in 1977 the Central Government and the ruling Congress Party withdrew its support so that the State Assembly had to be dissolved and mid term elections called Sheikh s party National Conference won a majority 47 out of 74 seats in the subsequent elections on the pledge to restore Jammu and Kashmir s autonomy and Sheikh Abdullah was re elected as Chief Minister The 1977 Assembly election is regarded as the first free and fair election in the Jammu and Kashmir state 199 200 201 He remained as Chief Minister of Jammu and Kashmir until his death in 1982 Later his eldest son Farooq Abdullah succeeded him as the Chief Minister of the state During the 1983 Assembly elections Indira Gandhi campaigned aggressively raising the bogey of a Muslim invasion in the Jammu region because of the Resettlement Bill passed by the then NC government which gave Kashmiris who left for Pakistan between 1947 and 1954 the right to return reclaim their properties and resettle On the other hand Farooq Abdullah allied with the Mirwaiz Maulvi Mohammed Farooq for the elections and charged that the state s autonomy had been eroded by successive Congress Party governments The strategies yielded dividends and the Congress won 26 seats while the NC secured 46 Barring an odd constituency all victories of the Congress were in the Jammu and Ladakh regions while NC swept the Kashmir Valley This election is said to have cemented the political polarization on religious lines in the Jammu and Kashmir state 202 203 After the results of the 1983 election the Hindu nationalists in the state were demanding stricter central government control over the state whereas Kashmir s Muslims wanted to preserve the state s autonomy Islamic fundamentalist groups clamoured for a plebiscite Maulvi Farooq challenged the contention that there was no longer a dispute on Kashmir He said that the people s movement for plebiscite would not die even though India thought it did when Sheikh Abdullah died 203 In 1983 learned men of Kashmiri politics testified that Kashmiris had always wanted to be independent But the more serious minded among them also realised that this is not possible considering Kashmir s size and borders 203 According to historian Mridu Rai for three decades Delhi s handpicked politicians in Kashmir had supported the State s accession to India in return for generous disbursements from Delhi Rai states that the state elections were conducted in Jammu and Kashmir but except for the 1977 and 1983 elections no state election was fair 204 Kashmiri Pandit activist Prem Nath Bazaz wrote that if free elections were held the majority of seats would be won by those not friendly to India 196 Rise of the separatist movement and Islamism 1984 1986 See also 1986 Anantnag Riots Increasing anti Indian protests took place in Kashmir in the 1980s The Soviet Afghan jihad and the Islamic Revolution in Iran were becoming sources of inspiration for large numbers of Kashmiri Muslim youth The state authorities responded with increasing use of brute force to simple economic demands Both the pro Independence Jammu and Kashmir Liberation Front JKLF and the pro Pakistan Islamist groups including JIJK mobilised the fast growing anti Indian sentiments among the Kashmiri population 205 1984 saw a pronounced rise in terrorist violence in Kashmir When Kashmir Liberation Front militant Maqbool Bhat was executed in February 1984 strikes and protests by Kashmiri nationalists broke out in the region Large numbers of Kashmiri youth participated in widespread anti India demonstrations which faced heavy handed reprisals by Indian state forces 206 207 Critics of the then Chief Minister Farooq Abdullah charged that Abdullah was losing control His visit to Pakistan administered Kashmir became an embarrassment where according to Hashim Qureshi he shared a platform with Kashmir Liberation Front Though Abdullah asserted that he went on behalf of Indira Gandhi and his father so that sentiments there could be known first hand few people believed him There were also allegations that he had allowed Khalistan terrorist groups to train in Jammu province although those allegations were never proved On 2 July 1984 Ghulam Mohammad Shah who had support from Indira Gandhi replaced his brother in law Farooq Abdullah and became the chief minister of Jammu and Kashmir after Abdullah was dismissed in what was termed as a political coup 207 In 1986 some members of the JKLF crossed over to Pakistan to receive arms training but the Jamaat Islami Jammu Kashmir which saw Kashmiri nationalism as contradicting Islamic universalism and its own desire for merging with Pakistan did not support the JKLF movement As late as that year Jamaat member Syed Ali Shah Geelani who later became a supporter of Kashmir s armed revolt urged that the solution for the Kashmir issue be arrived at through peaceful and democratic means 208 To achieve its goal of self determination for the people of Jammu and Kashmir the Jamaat e Islami s stated position was that the Kashmir issues be resolved through constitutional means and dialogue 209 Shah s administration which did not have the people s mandate turned to Islamists and opponents of India notably the Molvi Iftikhar Hussain Ansari Mohammad Shafi Qureshi and Mohinuddin Salati to gain some legitimacy through religious sentiments This gave political space to Islamists who previously lost overwhelmingly allegedly due to massive rigging 210 in the 1983 state elections 207 In 1986 Shah decided to construct a mosque within the premises of an ancient Hindu temple inside the New Civil Secretariat area in Jammu to be made available to the Muslim employees for Namaz People of Jammu took to streets to protest against this decision which led to a Hindu Muslim clash 211 On his return to Kashmir valley in February 1986 Gul Shah retaliated and incited the Kashmiri Muslims by saying Islam khatrey mein hey trans Islam is in danger As a result communal violence gripped the region in which Hindus were targeted especially the Kashmiri pandits who later in the year 1990 fled the valley in large numbers During the Anantnag riot in February 1986 although no Hindu was killed many houses and other properties belonging to Hindus were looted burnt or damaged 212 213 Shah called in the army to curb the violence on the Hindus but it had little effect His government was dismissed on 12 March 1986 by the then Governor Jagmohan following communal riots in south Kashmir This led Jagmohan to rule the state directly Jagmohan is said to have failed to distinguish between the secular forms and Islamist expressions of Kashmiri identity and hence saw that identity as a threat This failure was exploited by the Islamists of the valley who defied the Hindu nationalist policies implemented during Jagmohan s tenure and thereby gained momentum The political fight was hence being portrayed as a conflict between Hindu New Delhi Central Government and its efforts to impose its will in the state and Muslim Kashmir represented by political Islamists and clerics 214 Jagmohan s pro Hindu bias in the administration led to an increase in the appeal of the Muslim United Front 215 1987 state elections Main article 1987 Jammu and Kashmir Legislative Assembly election An alliance of Islamic parties organized into Muslim United Front MUF to contest the 1987 state elections 216 Culturally the growing emphasis on secularism led to a backlash with Islamic parties becoming more popular 217 MUF s election manifesto stressed the need to solve all outstanding issues according to the Simla agreement work for Islamic unity and against political interference from the centre Their slogan was wanting the law of the Quran in the Assembly 218 There was highest recorded participation in this election 80 of the people in the Valley voted MUF received victory in only 4 of the contested 43 electoral constituencies despite its high vote share of 31 per cent this means that its official vote in the Valley was larger than one third The elections were widespreadly believed to have been rigged by the ruling party National Conference allied with the Indian National Congress 219 220 221 222 In the absence of rigging commentators believe that the MUF could have won fifteen to twenty seats a contention admitted by the National Conference leader Farooq Abdullah 222 223 Scholar Sumantra Bose on the other hand opines that the MUF would have won most of the constituencies in the Kashmir Valley 224 BBC News reported that Khem Lata Wukhloo who was a leader of the Congress party at the time admitted the widespread rigging in Kashmir He stated I remember that there was a massive rigging in 1987 elections The losing candidates were declared winners It shook the ordinary people s faith in the elections and the democratic process 225 Meanwhile in Pakistan administered Gilgit Baltistan the state sponsored 1988 Gilgit Massacre led by Osama bin Laden and other extremist groups take place 226 1989 popular insurgency and militancy Main article Insurgency in Jammu and Kashmir In the years since 1990 the Kashmiri Muslims and the Indian government have conspired to abolish the complexities of Kashmiri civilization The world it inhabited has vanished the state government and the political class the rule of law almost all the Hindu inhabitants of the valley alcohol cinemas cricket matches picnics by moonlight in the saffron fields schools universities an independent press tourists and banks In this reduction of civilian reality the sights of Kashmir are redefined not the lakes and Mogul gardens or the storied triumphs of Kashmiri agriculture handicrafts and cookery but two entities that confront each other without intermediary the mosque and the army camp British journalist James Buchan 227 In 1989 a widespread popular and armed insurgency 228 229 started in Kashmir After the 1987 state legislative assembly election some of the results were disputed This resulted in the formation of militant wings and marked the beginning of the Mujahadeen insurgency which continues to this day 230 231 India contends that the insurgency was largely started by Afghan mujahadeen who entered the Kashmir valley following the end of the Soviet Afghan War 231 Yasin Malik a leader of one faction of the Jammu Kashmir Liberation Front JKLF was one of the Kashmiris to organise militancy in Kashmir along with Ashfaq Majeed Wani Javaid Ahmad Mir and Abdul Hamid Sheikh Since 1995 Malik has renounced the use of violence and calls for strictly peaceful methods to resolve the dispute Malik developed differences with one of the senior leaders Farooq Siddiqui alias Farooq Papa for shunning demands for an independent Kashmir and trying to cut a deal with the Indian Prime Minister This resulted in a split in which Bitta Karate Salim Nanhaji and other senior comrades joined Farooq Papa 232 233 Pakistan claims these insurgents are Jammu and Kashmir citizens and are rising up against the Indian army as part of an independence movement Amnesty International has accused security forces in Indian controlled Kashmir of exploiting an Armed Forces Special Powers Act that enables them to hold prisoners without trial The group argues that the law which allows security forces to detain individuals for up to two years without presenting charges violates prisoners human rights 234 235 In 2011 the state humans right commission said it had evidence that 2 156 bodies had been buried in 40 graves over the last 20 years 235 The authorities deny such accusations The security forces say the unidentified dead are militants who may have originally come from outside India They also say that many of the missing people have crossed into Pakistan administered Kashmir to engage in militancy 235 However according to the state human rights commission among the identified bodies 574 were those of disappeared locals and according to Amnesty International s annual human rights report 2012 it was sufficient for belying the security forces claim that they were militants 236 India claims these insurgents are Islamic terrorist groups from Pakistan administered Kashmir and Afghanistan fighting to make Jammu and Kashmir a part of Pakistan 235 237 Indian analysts 238 and the JKLF have accused Pakistan of training and backing terrorists 239 240 India states that the terrorists have killed many citizens in Kashmir and committed human rights violations whilst denying that their own armed forces are responsible for human rights abuses On a visit to Pakistan in 2006 former Chief Minister of Kashmir Omar Abdullah remarked that foreign militants were engaged in reckless killings and mayhem in the name of religion 241 Indian authorities said in 2008 and 2021 that militancy was on the decline 230 19 The Pakistani government denies it supports terrorists only saying it has supported freedom fighters in the past 242 In October 2008 President Asif Ali Zardari of Pakistan called the Kashmir separatists terrorists in an interview with The Wall Street Journal 243 These comments sparked outrage amongst many Kashmiris some of whom defied a curfew imposed by the Indian army to burn him in effigy 244 In 2008 pro separatist leader Mirwaiz Umar Farooq told the Washington Post that there has been a purely indigenous purely Kashmiri 18 peaceful protest movement alongside the insurgency in Indian administered Kashmir since 1989 The movement was created for the same reason as the insurgency and began after the disputed election of 1987 According to the United Nations the Kashmiris have grievances with the Indian government specifically the Indian military which has committed human rights violations 18 19 245 In 1994 the NGO International Commission of Jurists sent a fact finding mission to Kashmir The ICJ mission concluded that the right of self determination to which the peoples of Jammu and Kashmir became entitled as part of the process of partition had neither been exercised nor abandoned and thus remained exercisable 246 It further stated that as the people of Kashmir had a right of self determination it followed that their insurgency was legitimate It however did not follow that Pakistan had a right to provide support for the militants 247 1989 1990 exodus of Kashmir Pandits Main article Exodus of Kashmiri Hindus This section may be too long and excessively detailed Please consider summarizing the material August 2019 Due to rising insurgency and Islamic militancy in the Kashmir Valley Kashmiri Pandits were forced to flee the valley 248 They were targeted by militant groups such as the Jammu Kashmir Liberation Front Lashkar e Taiba and Jaish e Mohammed On 4 January 1990 Srinagar based newspaper Aftab released a message threatening all Hindus to leave Kashmir immediately sourcing it to the militant organization Hizbul Mujahideen 249 250 In the preceding months around 300 Hindu men and women Kashmiri Pandits had been slaughtered and women raped Mosque released statement in loud speaker asked Hindus to leave Kashmir without their women On 19 January 1990 Kashmiri Pandits fled from Kashmiri due to atrocities such as killing and gang rape 251 252 On 21 January 1990 two days after Jagmohan took over as governor of Jammu and Kashmir the Gawkadal massacre took place in Srinagar when the Indian paramilitary troops of the Central Reserve Police Force opened fire on a group of Kashmiri protesters in what has been described by some authors as the worst massacre in Kashmiri history along with the Bijbehara Massacre in 1993 253 At least 50 people were killed 254 with some reports of the deaths reaching as high as 280 255 In the aftermath of the massacre more demonstrations followed and in January 1990 Indian paramilitary forces are believed to have killed around 300 protesters 256 As a Human Rights Watch stated in a report from May 1991 In the weeks that followed the Gawakadal massacre as security forces fired on crowds of marchers and as militants intensified their attacks against the police and those suspected of aiding them Kashmir s civil war began in earnest 257 The mass exodus began on 1 March 1990 when hundreds of thousands of Kashmiri Pandits left the state of the approximately 300 000 258 259 260 to 600 000 261 262 Hindus living in the Kashmir Valley in 1990 only 2 000 3 000 lived there in 2016 263 1999 conflict in Kargil Location of conflict Main article Kargil War In mid 1999 alleged insurgents and Pakistani soldiers from Pakistani Kashmir infiltrated 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 This practice is followed by both India and Pakistan Army The terrain makes it difficult for both sides to maintain a strict border control over Line of Control The insurgents took advantage of this and occupied vacant mountain peaks in the Kargil range overlooking the highway in Indian Kashmir that connects Srinagar and Leh By blocking the highway they could cut off the only link between the Kashmir Valley and Ladakh This resulted in a large scale conflict between the Indian and Pakistani armies The final stage involved major battles by Indian and Pakistani forces with India recapturing most of the territories 264 265 held by Pakistani forces Fears of the Kargil War turning into a nuclear war provoked the then United States President Bill Clinton to pressure Pakistan to retreat The Pakistan Army withdrew their remaining troops from the area ending the conflict India regained control of the Kargil peaks which they now patrol and monitor all year long 2000s Al Qaeda involvement Main article Al Qaeda See also Allegations of support system in Pakistan for Osama bin Laden In a Letter to American People written by Osama bin Laden in 2002 he stated that one of the reasons he was fighting America was because of its support for India on the Kashmir issue 266 While on a trip to Delhi in 2002 US Secretary of Defense Donald Rumsfeld suggested that Al Qaeda was active in Kashmir though he did not have any hard evidence 267 268 An investigation by a Christian Science Monitor reporter in 2002 claimed to have unearthed evidence that Al Qaeda and its affiliates were prospering in Pakistan administered Kashmir with tacit approval of Pakistan s Inter Services Intelligence agency ISI 269 In 2002 a team comprising Special Air Service and Delta Force personnel was sent into Indian administered Kashmir to hunt for Osama bin Laden after reports that he was being sheltered by the Kashmiri militant group Harkat ul Mujahideen 270 US officials believed that Al Qaeda was helping organise a campaign of terror in Kashmir 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 US intelligence analysts say Al Qaeda and Taliban operatives in Pakistan administered Kashmir are helping terrorists trained in Afghanistan to infiltrate Indian administered Kashmir 271 Fazlur Rehman Khalil the leader of the Harkat ul Mujahideen signed al Qaeda s 1998 declaration of holy war which called on Muslims to attack all Americans and their allies 272 In 2006 Al Qaeda claim they have established a wing in Kashmir which worried the Indian government 273 Indian Army Lieutenant General H S Panag GOC in C Northern Command told reporters that the army has ruled out the presence of Al Qaeda in Indian administered Jammu and Kashmir He said that there no evidence to verify media reports of an Al Qaeda presence in the state He ruled out Al Qaeda ties with the militant groups in Kashmir including Lashkar e Taiba and Jaish e Mohammed However he stated that they had information about Al Qaeda s strong ties with Lashkar e Taiba and Jaish e Mohammed operations in Pakistan 274 While on a visit to Pakistan in January 2010 US Defense secretary Robert Gates stated that Al Qaeda was seeking to destabilise the region and planning to provoke a nuclear war between India and Pakistan 275 In June 2011 a US Drone strike killed Ilyas Kashmiri chief of Harkat ul Jihad al Islami a Kashmiri militant group associated with Al Qaeda 276 277 Kashmiri was described by Bruce Riedel as a prominent Al Qaeda member 278 while others described him as the head of military operations for Al Qaeda 279 Waziristan had by then become the new battlefield for Kashmiri militants fighting NATO in support of Al Qaeda 280 Ilyas Kashmiri was charged by the US in a plot against Jyllands Posten the Danish newspaper at the center of the Jyllands Posten Muhammad cartoons controversy 281 In April 2012 Farman Ali Shinwari a former member of Kashmiri separatist groups Harkat ul Mujahideen and Harkat ul Jihad al Islami was appointed chief of al Qaeda in Pakistan 282 2008 present Kashmir Solidarity Day on every 5 February is observed in Pakistan This banner was hung in Islamabad In March 2008 two separate incidents were reported in Indian administered Kashmir a blast near the civil secretariat and high court and a gun battle between security forces and militants which left five dead The gunfight began when security forces raided a house on the outskirts of the capital city of Srinagar housing militants 283 The Indian Army has been carrying out cordon and search operations against militants in Indian administered Kashmir since the violence broke out in 1989 283 Massive demonstrations followed a May 2008 decision of the state government of Jammu and Kashmir to transfer 100 acres 0 40 km2 of land to a trust which runs the Hindu Amarnath shrine in the Muslim majority Kashmir valley 284 This land was to be used to build a shelter to house Hindu pilgrims temporarily during their annual pilgrimage to the Amarnath temple 285 Indian security forces including the army responded quickly to keep order More than 40 unarmed protesters were killed 286 287 The largest protests saw more than a half million people waving Pakistani flags and crying for freedom at a rally on 18 August according to Time magazine 285 288 The situation drew international reactions from separatist leaders and the United Nations 289 245 Following the unrest in 2008 secessionist movements got a boost 290 285 Such demonstrations have been aloof of the fact that the India government very regularly undertakes activities for upliftment of the Muslim community and donates lands and other properties to the systemized Waqf Boards 291 292 Despite the protests state elections in November December 2008 in Indian administered Kashmir saw a high voter turnout of more than 60 of the total registered electors 293 294 Visual of voters during parliamentary general elections being conducted in Indian Jammu and Kashmir in 2004 and 2009 A boycott graffiti seen in Old City Srinagar In 2009 protests started over the alleged rape and murder of two young women in Shopian in South Kashmir 295 The next summer again saw large scale protests with the immediate trigger being a fake encounter staged by the military in Machil Kupwara 296 This 2010 Kashmir unrest saw separatist sentiments pro independence slogans protestors who defied curfews attacked security forces with stones and burnt police vehicles and government buildings 297 298 299 Security forces in Jammu and Kashmir fired live ammunition on the protesters resulting in 112 deaths The protests subsided after the Indian government announced a package of measures aimed at defusing the tensions in September 2010 300 Revelations made on 24 September 2013 by the former Indian army chief General V K Singh claim that the state politicians of Jammu and Kashmir are funded by the army secret service to keep the general public calm and that this activity has been going on since Partition 301 302 303 In October 2014 Indian and Pakistani troops traded LOC gunfire the small arms and mortar exchanges which Indian officials called the worst violation of a 2003 ceasefire left soldiers and civilians dead Thousands of people fled their homes on both sides after the violence erupted on 5 October 304 The 2014 Jammu and Kashmir Legislative Assembly election was held from 25 November 20 December Despite repeated boycott calls by separatist Hurriyat leaders 305 elections recorded highest voters turnout in last 25 years that is more than 65 which is more than usual voting percentage in other states of India 306 307 308 Phase wise voting percentage is as follows table J amp K 2014 assembly elections voters turnout Voting phases Date Seats Turnout 25 November 15 71 2 December 18 71 9 December 16 59 14 December 18 49 20 December 20 76 Total 87 65 Sources 309 310 311 312 313 The European Parliament welcomed the smooth conduct of the State Legislative Elections in the Jammu and Kashmir despite boycott calls 314 The EU in its message said The high voter turnout figure proves that democracy is firmly rooted in India The EU would like to congratulate India and its democratic system for conduct of fair elections unmarred by violence in the state of Jammu and Kashmir 314 315 On 8 July 2016 a militant leader Burhan Wani was cornered by the security forces and killed Following his death protests and demonstrations led to an amplified instability in the Kashmir valley Curfews were imposed in all 10 districts of Kashmir over 100 civilians died and over 17 000 were injured in clashes with the police 316 317 318 More than 600 have pellet injuries to the face To prevent volatile rumours cellphone and internet services were blocked and newspapers were also restricted in many parts of the region 319 An attack by four militants on an Indian Army base on 18 September 2016 also known as the 2016 Uri attack resulted in the death of 19 soldiers as well as the militants themselves 320 Response took various forms including the postponement of the 19th SAARC summit 321 asking the Russian government to call off a joint military exercise with Pakistan 322 323 and the Indian Motion Picture Producers Association decision to suspend work with Pakistan 324 On the Pakistani side military alertness was raised and some Pakistan International Airlines flights suspended The Pakistani government denied any role and raised the issue of human rights violations by Indian security forces 325 Indian police in Kashmir valley confronting violent protesters in December 2018 In the deadliest incident since 2016 Jaish e Mohammed JEM carried and claimed responsibility for a suicide bomb attack on a military convoy in Pulwama that killed over 40 Indian soldiers on 14 February 2019 326 In retaliation 12 Indian fighter jets dropped bombs on a terrorist camp in Pakistan controlled territory at of Kashmir allegedly killing around 350 members in terrorist camps As India trespassed Pakistan s air space the incidents escalated the tension between India and Pakistan starting the 2019 India Pakistan border standoff and skirmishes 327 328 329 330 331 In March 2019 a peace offer was fixed ending the hostilities and with both countries agreeing to fight terrorism 332 333 In August 2019 India revoked the special status of Jammu and Kashmir through Parliament abolishing Article 370 and rendering the state Constitution infructuous Further both houses of the Indian parliament passed a bill to reorganise the state into two union territories 334 335 This was followed by a strict preventive pre emptive state lockdown which lasted until 5 February 2021 A preventative lockdown was put in place after the death of Syed Ali Shah Geelani for 2 to 5 days 336 337 338 LOC border clashes in November 2020 and onwards resulted in 24 deaths of both military personnel and civilians 339 340 National stancesAdministered by Area Population Muslim Hindu Buddhist OtherIndia Kashmir Valley 4 million 95 4 Jammu 3 million 30 66 4 Ladakh 0 25 million 46 50 3 Pakistan Gilgit Baltistan 1 million 99 Azad Kashmir 2 6 million 100 China Aksai Chin Shaksgam Valley Statistics from the BBC report In Depth 341 525 000 refugees from Indian administered Kashmir migrated to Pakistan and Azad Kashmir in 1947 48 342 226 000 refugees from Pakistan administered Kashmir migrated to India and Jammu and Kashmir in 1947 48 342 A minimum of 506 000 people in the Indian Administered Kashmir valley are internally displaced due to militancy in Kashmir about half of whom are Hindu pandits 343 Muslims form the majority in the Poonch Rajouri Kishtwar and Doda districts of the Jammu region Shia Muslims make up the majority in the Kargil district in the Ladakh region India does not accept the two nation theory and considers that Kashmir despite being a Muslim majority region is in many ways an integral part of secular India 344 Indian view Maharaja Hari Singh signed the Instrument of Accession in October 1947 under which he acceded the State of Jammu and Kashmir to the Union of India India has officially stated that it believes Kashmir to be an integral part of India though the then Prime Minister of India Manmohan Singh stated after the 2010 Kashmir Unrest that his government was willing to grant autonomy to the region within the purview of Indian constitution if there was consensus among political parties on this issue 345 346 The Indian viewpoint is succinctly summarised by Ministry of External affairs Government of India 347 348 India holds that the Instrument of Accession of the State of Jammu and Kashmir to the Union of India signed by Maharaja Hari Singh erstwhile ruler of the State on 25 October 1947 349 350 and executed on 27 October 1947 350 between the ruler of Kashmir and the Governor General of India was a legal act and completely valid in terms of the Government of India Act 1935 Indian Independence Act 1947 as well as under international law and as such was total and irrevocable 348 The Constituent assembly of Jammu and Kashmir had unanimously ratified the Maharaja s Instrument of Accession to India and adopted a constitution for the state that called for a perpetual merger of Jammu and Kashmir with the Union of India India claims that the constituent assembly was a representative one and that its views were those of the Kashmiri people at the time note 6 351 United Nations Security Council Resolution 1172 tacitly accepts India s stand regarding all outstanding issues between India and Pakistan and urges the need to resolve the dispute through mutual dialogue without the need for a plebiscite in the framework of UN Charter 352 353 United Nations Security Council Resolution 47 cannot be implemented since Pakistan failed to withdraw its forces from Kashmir which was the first step in implementing the resolution 354 India is also of the view that Resolution 47 is obsolete since the geography and demographics of the region have permanently altered since it adoption 355 The resolution was passed by United Nations Security Council under Chapter VI of the United Nations Charter and as such is non binding with no mandatory enforceability as opposed to resolutions passed under Chapter VII 356 357 India does not accept the two nation theory that forms the basis of Pakistan s claims and considers that Kashmir despite being a Muslim majority region is in many ways an integral part of secular India 344 The state of Jammu and Kashmir was provided with significant autonomy under Article 370 of the Constitution of India 358 All differences between India and Pakistan including Kashmir need to be settled through bilateral negotiations as agreed to by the two countries under the Simla Agreement signed on 2 July 1972 359 Additional Indian viewpoints regarding the broader debate over the Kashmir conflict include In a diverse country like India disaffection and discontent are not uncommon Indian democracy has the necessary resilience to accommodate genuine grievances within the framework of India s sovereignty unity and integrity The Government of India has expressed its willingness to accommodate the legitimate political demands of the people of the state of Kashmir 347 Insurgency and terrorism in Kashmir is deliberately fuelled by Pakistan to create instability in the region 360 The Government of India has repeatedly accused Pakistan of waging a proxy war in Kashmir by providing weapons and financial assistance to terrorist groups in the region 361 362 363 364 Pakistan is trying to raise anti India sentiment among the people of Kashmir by spreading false propaganda against India 365 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 366 India has asked the United Nations not to leave unchallenged or unaddressed the claims of moral political and diplomatic support for terrorism which were clearly in contravention of United Nations Security Council Resolution 1373 This is a Chapter VII resolution that makes it mandatory for member states to not provide active or passive support to terrorist organisations 367 368 Specifically it has pointed out that the Pakistani government continues to support various terrorist organisations such as Jaish e Mohammad and Lashkar e Taiba in direct violation of this resolution 369 India points out reports by human rights organisations condemning Pakistan for the lack of civic liberties in Pakistan administered Kashmir 365 370 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 371 Karan Singh the son of the last ruler of the princely state of Kashmir and Jammu has said that the Instrument of Accession signed by his father was the same as signed by other states He opined that Kashmir was therefore a part of India and that its special status granted by Article 370 of the Indian Constitution stemmed from the fact that it had its own constitution 372 According to a poll in an Indian newspaper Indians were keener to keep control of Kashmir than Pakistanis 67 of urban Indians want New Delhi to be in full control of Kashmir 373 Michigan State University scholar Baljit Singh interviewing Indian foreign policy experts in 1965 found that 77 percent of them favoured discussions with Pakistan on all outstanding problems including the Kashmir dispute However only 17 percent were supportive of holding a plebiscite in Kashmir The remaining 60 percent were pessimistic of a solution due to a distrust of Pakistan or a perception of threats to India s internal institutions They contended that India s secularism was far from stable and the possibility of Kashmir separating from India or joining Pakistan would endanger Hindu Muslim relations in India 374 In 2008 the death toll from the last 20 years was estimated by Indian authorities to be over 47 000 375 In 2017 India s Union Home Minister Rajnath Singh demanded that Pakistan desist from demanding a plebiscite in Jammu and Kashmir saying If at all a referendum is required it is needed in Pakistan where people should be asked whether they want to continue in Pakistan or are demanding the country s merger with India 376 Pakistani view Map of Kashmir as drawn by the Government of Pakistan Pakistan maintains that Kashmir is the jugular vein of Pakistan 377 and a currently disputed territory whose final status must be determined by the people of Kashmir 378 379 Pakistan s claims to the disputed region are based on the rejection of Indian claims to Kashmir namely the Instrument of Accession Pakistan insists that the Maharaja was not a popular leader and was regarded as a tyrant by most Kashmiris Pakistan maintains that the Maharaja used brute force to suppress the population 380 Pakistan claims that Indian forces were in Kashmir before the Instrument of Accession was signed with India and that therefore Indian troops were in Kashmir in violation of the Standstill Agreement which was designed to maintain the status quo in Kashmir although India was not signatory to the Agreement which was signed between Pakistan and the Hindu ruler of Jammu and Kashmir 381 382 From 1990 to 1999 some organisations reported that the Indian Armed Forces its paramilitary groups and counter insurgent militias were responsible for the deaths of 4 501 Kashmiri civilians During the same period there were records of 4 242 women between the ages of 7 70 being raped 383 384 Similar allegations were also made by some human rights organisations 385 In short Pakistan holds that The popular Kashmiri insurgency demonstrates that the Kashmiri people no longer wish to remain within India Pakistan suggests that this means that Kashmir either wants to be with Pakistan or independent 386 According to the two nation theory one of the principles 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 for the resolutions of the UN Security Council and the United Nations Commission in India and Pakistan by failing to hold a plebiscite to determine the future allegiance of the state 387 The reason for India s disregard of the resolutions of the UN Security Council was given by India s Defense Minister Kirshnan Menon who said Kashmir would vote to join Pakistan and no Indian Government responsible for agreeing to plebiscite would survive 388 Pakistan was of the view that the Maharaja of Kashmir had no right to call in the Indian Army because it held that the Maharaja of Kashmir was not a hereditary ruler and was merely a British appointee after the British defeated Ranjit Singh who ruled the area before the British conquest 389 Pakistan has noted the widespread use of extrajudicial killings in Indian administered Kashmir carried out by Indian security forces while claiming they were caught up in encounters with militants These encounters are commonplace in Indian administered Kashmir The encounters go largely uninvestigated by the authorities and the perpetrators are spared criminal prosecution 390 391 Pakistan disputes claims by India with reference to the Simla Agreement that UN resolutions on Kashmir have lost their relevance It argues that legally and politically UN Resolutions cannot be superseded without the UN Security Council adopting a resolution to that effect It also maintains the Simla Agreement emphasised exploring a peaceful bilateral outcome without excluding the role of UN and other negotiations This is based on its interpretation of Article 1 i stating the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries 392 Human rights organisations have strongly condemned Indian troops for widespread rape and murder of innocent civilians while accusing these civilians of being militants 393 394 395 The Chenab formula was a compromise proposed in the 1960s in which the Kashmir valley and other Muslim dominated areas north of the Chenab river would go to Pakistan and Jammu and other Hindu dominated regions would go to India 396 A poll by an Indian newspaper shows 48 of Pakistanis want Islamabad to take full control of Kashmir while 47 of Pakistanis support Kashmiri independence 373 Former Pakistani President General Pervez Musharraf on 16 October 2014 said that Pakistan needs to incite those fighting in Kashmir 397 398 We have source in Kashmir besides the Pakistan army People in Kashmir are fighting against India We just need to incite them Musharraf told a TV channel 397 398 In 2015 Pakistan s outgoing National Security Advisor Sartaj Aziz said that Pakistan wished to have third party mediation on Kashmir but it was unlikely to happen unless by international pressure 399 Under Shimla Accord it was decided that India and Pakistan would resolve their disputes bilaterally Aziz said Such bilateral talks have not yielded any results for the last 40 years So then what is the solution 399 Chinese view See also Origins of the Sino Indian border dispute China has generally supported Pakistan against India on Kashmir 238 400 China has also stated that Aksai Chin is an integral part of China and does not recognise its inclusion in the Kashmir region It also disputes the region s boundary with Tibet at various locations China did not accept the boundaries of the princely state of Kashmir and Jammu north of Aksai Chin and the Karakoram as proposed by the British 401 China settled its border disputes with Pakistan under the 1963 Sino Pakistan Agreement on the Trans Karakoram Tract with the provision that the settlement was subject to the final solution of the Kashmir dispute 402 5 Kashmiri views Scholar Andrew Whitehead states that Kashmiris view Kashmir as having been ruled by their own in 1586 Since then they believe it has been ruled in succession by the Mughals Afghans Sikhs Dogras and lately the Indian government Whitehead states that this is only partly true the Mughals lavished much affection and resources on Kashmir the Dogras made Srinagar their capital next only to their native Jammu city and through much of the post independence India Kashmiri Muslims headed the state government According to Whitehead Kashmiris bear an acute sense of grievance that they were not in control of their own fate for centuries 403 A G Noorani a constitutional expert says the people of Kashmir are very much a party to the dispute 404 According to an opinion poll conducted by Centre for the Study of Developing Societies in 2007 87 of people in mainly Muslim Srinagar want independence whereas 95 of the people in the mainly Hindu Jammu city think the state should be part of India 405 The Kashmir Valley is the only region of the former princely state where the majority of the population is unhappy with its current status The Hindus of Jammu and Buddhists of Ladakh are content under Indian administration Muslims of Azad Kashmir and Northern Areas are content under Pakistani administration Kashmir Valley s Muslims want to change their national status to independence 406 Scholar A G Noorani testifies that Kashmiris want a plebiscite to achieve freedom 407 Zutshi states the people of Poonch and Gilgit may have had a chance to determine their future but the Kashmiri was lost in the process 408 Since the 1947 accession of Kashmir to India was provisional and conditional on the wishes of the people 409 the Kashmiris right to determine their future was recognised 410 Noorani notes that state elections do not satisfy this requirement 411 Kashmiris assert that except for 1977 and 1983 elections no state election has been fair 204 According to scholar Sumantra Bose India was determined to stop fair elections since that would have meant that elections would be won by those unfriendly to India 196 The Kashmiri people have still not been able to exercise the right to self determination and this was the conclusion of the International Commission of Jurists in 1994 412 Ayesha Parvez writes in The Hindu that high voter turnout in Kashmir cannot be interpreted as a sign of acceptance of Indian rule Voters vote due to varying factors such as development effective local governance and economy 413 The Hurriyat parties do not want to participate in elections under the framework of the Indian Constitution Elections held by India are seen as a diversion from the main issue of self determination 414 Kashmiri opponents to Indian rule maintain that India has stationed 600 000 Indian troops in what is the highest ratio of troops to civilian density in the world 414 Kashmiri scholars say that India s military occupation inflicts violence and humiliation on Kashmiris Indian forces are responsible for human rights abuses and terror against the local population and have killed tens of thousands of civilians India s state forces have used rape as a cultural weapon of war against Kashmiris and rape has extraordinarily high incidence in Kashmir as compared to other conflict zones of the world 415 Militants are also guilty of crimes but their crimes cannot be compared with the scale of abuses by Indian forces for which justice is yet to be delivered 30 Kashmiri scholars say that India s reneging on promise of plebiscite violations of constitutional provisions of Kashmir s autonomy and subversion of the democratic process led to the rebellion of 1989 1990 416 According to historian Mridu Rai the majority of Kashmiri Muslims believe they are scarcely better off under Indian rule than the 101 years of Dogra rule 417 Markandey Katju an ethnic Kashmiri and former Justice of the Supreme Court of India maintains that the secession of Kashmir would cause its economy to suffer due to the fact that Kashmir s handicraft industry is dependent on buyers in other parts of India Katju holds that the ultimate solution to the Kashmir conflict is the reunification of what is now Pakistan with India under a secular government 418 419 According to lawyer and human rights activist K Balagopal Kashmiris have a distinct sense of identity and this identity is certainly not irreligious as Islam is very much a part of the identity that Kashmiris feel strongly for He opined that if only non religious identities deserve support then no national self determination movement can be supported because there is no national identity at least in the Third World devoid of the religious dimension Balagopal says that if India and Pakistan cannot guarantee existence and peaceful development of independent Kashmir then Kashmiris may well choose Pakistan because of religious affinity and social and economic links But if both can guarantee existence and peaceful development then most Kashmiris would prefer independent Kashmir 420 421 Water dispute In 1948 Eugene Black then executive director of the World Bank offered his services to solve the tension over water control In the early days of independence the fact that India was able to shut off the Central Bari Doab Canals at the time of the sowing season causing significant damage to Pakistan s crops Nevertheless military and political clashes over Kashmir in the early years of independence appear to have been more about ideology and sovereignty rather than over the sharing of water resources However the minister of Pakistan has stated the opposite 422 The Indus Waters Treaty was signed by both countries in September 1960 giving exclusive rights over the three western rivers of the Indus river system Jhelum Chenab and Indus to Pakistan and over the three eastern rivers Sutlej Ravi and Beas to India as long as this does not reduce or delay the supply to Pakistan India therefore maintains that they are not willing to break the established regulations and they see no more problems with this issue Efforts to end the disputeSettlement formulas Rajaji Abdullah formula The Rajaji Abdullah formula named after C Rajagopalachari and Sheikh Abdullah also simply called the Rajaji formula was in Abdullah s words an honourable solution which would not give a sense of victory either to India or Pakistan and at the same time would ensure a place of honour to the people of Kashmir 423 The discussions in 1964 covered numerous options a plebiscite status quo further division etc however seemed to point towards a condominium a shared government a confederation and a United Nations trust territory 423 424 Abdullah would act as the mediator between India and Pakistan 424 While the exact nature of the proposed settlement was never made public Ayub Khan would go on to write in his biography that the proposal was absurd 425 Chenab formula In 2005 General Musharraf as well as other Pakistani leaders sought to resolve the Kashmir issue through the Chenab formula road map Borrowing a term used by Owen Dixon Musharraf s Chenab Formula assigns Ladakh to India Gilgit Baltistan G B to Pakistan proposes a plebiscite in the Kashmir Valley and splits Jammu into two halves 426 On 5 December 2006 Pakistani President Pervez Musharraf told an Indian TV channel that Pakistan would give up its claim on Kashmir if India accepted some of his peace proposals including a phased withdrawal of troops self governance for locals no changes in the borders of Kashmir and a joint supervision mechanism involving India Pakistan and Kashmir 427 Musharraf stated that he was ready to give up the United Nations resolutions regarding Kashmir 428 Later the government of Pakistan said that this was Musharraf s personal opinion 429 However Satinder Lambah India s special envoy to Pakistan says that while talks reduced due the Mumbai attacks the formula was not disowned 430 Contemporary views on UN resolutions Many neutral parties to the dispute have noted that the UN resolution on Kashmir is no longer relevant 431 The European Union holds the view that the plebiscite is not in Kashmiris interest 432 The report notes that the UN conditions for such a plebiscite have not been and can no longer be met by Pakistan 433 The Hurriyat Conference observed in 2003 that a plebiscite is no longer an option 434 A 2002 Market and Opinion Research International MORI survey on the basis of 850 interviews found that within Indian administered Kashmir 61 of respondents said they felt they would be better off as Indian citizens with 33 saying that they did not know and the remaining 6 favouring Pakistani citizenship However this support for India was mainly in the Ladakh and Jammu regions not the Kashmir Valley where only 9 of the respondents said that they would be better off with India 435 neutrality is disputed According to a 2007 poll conducted by the Centre for the Study of Developing Societies in New Delhi involving around 400 people 87 of respondents in the Kashmir Valley prefer independence over union with India or Pakistan 436 A survey by Chatham House on the basis of 3 774 face to face interviews in Indian administered Jammu and Kashmir and Pakistan administered Azad Kashmir note 15 found that support for independence stood at 43 and 44 respectively 437 Pakistan s relation with militantsIn a 2001 commentary entitled Pakistan s Role in the Kashmir Insurgency in Jane s Intelligence Review the author noted that the nature of the Kashmir conflict has been transformed from what was originally a secular locally based struggle conducted via the Jammu Kashmir Liberation Front JKLF to one that is now largely carried out by foreign militants and rationalized in pan Islamic religious terms The majority of militant organisations are composed of foreign mercenaries mostly from the Pakistani Punjab 438 In 2010 with the support of its intelligence agencies Pakistan again boosted Kashmir militants and recruitment of mujahideen in the Pakistani state of Punjab has increased 439 440 In 2011 the FBI revealed that Pakistan s spy agency ISI paid millions of dollars into a United States based non governmental organisation to influence politicians and opinion makers on the Kashmir issue and arrested Syed Ghulam Nabi Fai 441 Some political analysts say that the Pakistan state policy shift and mellowing of its aggressive stance may have to do with its total failure in the Kargil War and the subsequent 9 11 attacks These events put pressure on Pakistan to alter its position on terrorism 442 Former President of Pakistan and the ex chief of the Pakistan military Pervez Musharraf stated in an interview in London that the Pakistani government indeed helped to form underground militant groups and turned a blind eye towards their existence because they wanted India to discuss Kashmir 443 According to former Indian Prime minister Manmohan Singh one of the main reasons behind the conflict was Pakistan s terror induced coercion He further stated at a Joint Press Conference with United States President Barack Obama in New Delhi that India is not afraid of resolving all the issues with Pakistan including that of Kashmir but it is our request that you cannot simultaneously be talking and at the same time the terror machine is as active as ever before Once Pakistan moves away from this terror induced coercion we will be very happy to engage productively with Pakistan to resolve all outstanding issues 444 In 2009 the President of Pakistan Asif Zardari asserted at a conference in Islamabad that Pakistan had indeed created Islamic militant groups as a strategic tool for use in its geostrategic agenda and to attack Indian forces in Jammu and Kashmir 445 Former President of Pakistan and the ex chief of the Pakistan military Pervez Musharraf also stated in an interview that Pakistani government helped to form underground militant groups to fight against Indian troops in Jammu and Kashmir and turned a blind eye towards their existence because they wanted India to discuss Kashmir 443 The British Government have formally accepted that there is a clear connection between Pakistan s Inter Services Intelligence ISI and three major militant outfits operating in Jammu and Kashmir Lashkar e Tayiba Jaish e Mohammed and Harkat ul Mujahideen 446 447 The militants are provided with weapons training advice and planning assistance in Punjab and Kashmir by the ISI which is coordinating the shipment of arms from the Pakistani side of Kashmir to the Indian side where Muslim insurgents are waging a protracted war 448 Throughout the 1990s the ISI maintained its relationship with extremist networks and militants that it had established during the Afghan war to utilise in its campaign against Indian forces in Kashmir citation needed Joint Intelligence North JIN has been accused of conducting operations in Jammu and Kashmir and also Afghanistan 449 The Joint Signal Intelligence Bureau JSIB provide communications support to groups in Kashmir 449 According to Daniel Benjamin and Steven Simon both former members of the National Security Council the ISI acted as a kind of terrorist conveyor belt radicalising young men in the Madrassas of Pakistan and delivering them to training camps affiliated with or run by Al Qaeda and from there moving them into Jammu and Kashmir to launch attacks 450 Reportedly about Rs 24 million are paid out per month by the ISI to fund its activities in Jammu and Kashmir 451 Pro Pakistani groups were reportedly favoured over other militant groups 451 Creation of six militant groups in Kashmir which included Lashkar e Taiba LeT was aided by the ISI 452 453 According to American Intelligence officials ISI is still providing protection and help to LeT 453 The Pakistan Army and ISI also LeT volunteers to surreptitiously penetrate from Pakistan Administrated Kashmir to Jammu and Kashmir 454 In the past Indian authorities have alleged several times that Pakistan has been involved in training and arming underground militant groups to fight Indian forces in Kashmir 455 Human rights abusesMain article Human rights abuses in KashmirThe Freedom in the World 2006 report categorised Indian administered Kashmir as partly free and Pakistan administered Kashmir as well as the country of Pakistan as not free 456 Indian administered Kashmir Main article Human rights abuses in Jammu and Kashmir Further information Rape during the Kashmir conflict A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009 Human rights abuses have been committed by Indian forces in Kashmir Militants have also committed crimes 30 neutrality is disputed Crimes by state forces are done inside Kashmir Valley which is the location of the present conflict 457 The 2010 Chatham House opinion poll of the people of Indian administered Jammu and Kashmir found that overall concern in the entire state over human rights abuses was 43 458 In the surveyed districts of the Muslim majority Kashmir Valley where the desire for Independence is strongest 459 there was a high rate of concern over human rights abuses 88 in Baramulla 87 in Srinagar 73 in Anantnag and 55 in Badgam 458 However in the Hindu and Buddhist majority areas of the state where pro India sentiment is extremely strong 459 concern over human rights abuses was low only 3 in Jammu expressed concerns over human rights abuses 458 Several international agencies and the UN have reported human rights violations in Indian administered Kashmir In a 2008 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 245 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 460 Jammu and Kashmir Coalition of Civil Society labels the happenings in Kashmir as war crimes and genocide and have issued a statement that those responsible should be tried in court of law 461 462 Some of the massacres by security forces include Gawakadal massacre Zakoora and Tengpora massacre and Handwara massacre Another 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 463 A state government inquiry into 22 October 1993 Bijbehara killings in which the Indian military fired on a procession and killed 40 people and injured 150 found out that the firing by the forces was unprovoked and the claim of the military that it was in retaliation was concocted and baseless However the accused are still to be punished 464 In its report of September 2006 Human Rights Watch stated Indian security forces claim they are fighting to protect Kashmiris from militants and Islamic extremists while militants claim they are fighting for Kashmiri independence and to defend Muslim Kashmiris from an abusive Indian army In reality both sides have committed widespread and numerous human rights abuses and violations of international humanitarian law or the laws of war 465 Many human rights organisations such as Amnesty International and Human Rights Watch HRW have condemned human rights abuses in Kashmir by Indians such as extra judicial executions disappearances and torture 466 Bans on religious gatherings are also reportedly enforced 467 The Armed Forces Special Powers Act grants the military wide powers of arrest the right to shoot to kill and to occupy or destroy property in counterinsurgency operations Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants Such circumstances they say call for extraordinary measures Human rights organisations have also asked the Indian government to repeal 468 the Public Safety Act since a detainee may be held in administrative detention for a maximum of two years without a court order 469 A 2008 report by the United Nations High Commissioner for Refugees determined that Indian Administered Kashmir was only partly free 470 A recent report by Amnesty International stated that up to 20 000 people have been detained under a law called AFSPA in Indian administered Kashmir 469 466 471 472 Some human rights organisations have alleged that Indian Security forces have killed hundreds of Kashmiris through the indiscriminate use of force and torture firing on demonstrations custodial killings encounters and detentions 473 474 475 476 The government of India denied that torture was widespread 474 and stated that some custodial crimes may have taken place but that these are few and far between 474 According to cables leaked by the WikiLeaks website US diplomats in 2005 were informed by the International Committee of the Red Cross ICRC about the use of torture and sexual humiliation against hundreds of Kashmiri detainees by the security forces 477 The cable said Indian security forces relied on torture for confessions and that the human right abuses are believed to be condoned by the Indian government 478 SHRC also accused Indian army of forced labour 479 There have been claims of disappearances by the police or the army in Kashmir by several human rights organisations 480 Human rights groups in Kashmir have documented more than three hundred cases of disappearances since 1990 but lawyers believe the number to be far higher because many relatives of disappeared people fear reprisal if they contact a lawyer 481 482 483 In 2016 Jammu and Kashmir Coalition of Civil Society said there are more than 8000 forced disappearances 461 State Human Rights Commission SHRC has found 2 730 bodies buried into unmarked graves scattered in three districts Bandipora Baramulla and Kupwara of North Kashmir believed to contain the remains of victims of unlawful killings and enforced disappearances by Indian security forces 484 485 486 487 SHRC stated that about 574 of these bodies have already been identified as those of disappeared locals 488 In 2012 the Jammu and Kashmir State government stripped its State Information Commission SIC department of most powers after the commission asked the government to disclose information about the unmarked graves This state action was reportedly denounced by the former National Chief Information Commissioner 489 Amnesty International has called on India to unequivocally condemn enforced disappearances and to ensure that impartial investigations are conducted into mass graves in its Kashmir region The Indian state police confirms as many as 331 deaths while in custody and 111 enforced disappearances since 1989 470 469 466 471 A report from the Indian Central Bureau of Investigation CBI claimed that the seven people killed in 2000 by the Indian military were innocent civilians 490 491 The Indian Army has decided to try the accused in the General Court Martial 492 It was also reported that the killings that were allegedly committed in cold blood by the Army were actually in retaliation for the murder of 36 civilians Sikhs by militants at Chattisingpora in 2000 492 The official stance of the Indian Army was that according to its own investigation 97 of the reports about human rights abuses have been found to be fake or motivated 493 However there have been at least one case where civilians have been killed in fake encounters by Indian army personnel for cash rewards 494 According to a report by Human Rights Watch Indian security forces have assaulted civilians during search operations tortured and summarily executed detainees in custody and murdered civilians in reprisal attacks Rape most often occurs during crackdowns cordon and search operations during which men are held for identification in parks or schoolyards while security forces search their homes In these situations the security forces frequently engage in collective punishment against the civilian population most frequently by beating or otherwise assaulting residents and burning their homes Rape is used as a means of targetting women whom the security forces accuse of being militant sympathizers in raping them the security forces are attempting to punish and humiliate the entire community 495 The allegation of mass rape incidents as well as forced disappearances are reflected in a Kashmiri short documentary film by an Independent Kashmiri film maker the Ocean of Tears produced by a non governmental non profit organisation called the Public Service Broadcasting Trust of India and approved by the Ministry of Information and Broadcasting India The film depicts mass rape incidents in Kunan Poshpora and Shopian as facts and alleges that Indian Security Forces were responsible 496 497 Medecins Sans Frontieres conducted a research survey in 2005 that found 11 6 of the interviewees who took part had been victims of sexual abuse since 1989 498 499 This empirical study found that witnesses to rape in Kashmir was comparatively far higher than the other conflict zones such as Sierra Leone and Sri Lanka 63 of people had heard of rape and 13 of the people had witnessed a rape Dr Seema Kazi holds the security forces more responsible for raping than militants due to rape by the former being larger in scale and frequency In areas of militant activity the security forces use rape to destroy morale of Kashmiri resistance 500 Dr Seema Kazi says these rapes cannot be ignored as rare occurrences nor should be ignored the documented acknowledgement of individual soldiers that they were ordered to rape 501 Kazi explains rape in Kashmir as a cultural weapon of war In the particular context of Kashmir where an ethnic Muslim minority population is subject to the repressive dominance of a predominantly Hindu State the sexual appropriation of Kashmiri women by State security forces exploits the cultural logic of rape whereby the sexual dishonour of individual women is coterminous with the subjection and subordination of Kashmiri men and the community at large 502 Former Chief Justice of Jammu and Kashmir High Court noted in his report on human rights in Kashmir It is hard to escape the conclusion that the security forces who are overwhelmingly Hindu and Sikh see it as their duty to beat an alien population into submission 503 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 Amnesty International criticized the Indian Military regarding an incident on 22 April 1996 when several armed forces personnel forcibly entered the house of a 32 year old woman in the village of Wawoosa in the Rangreth district of Jammu and Kashmir They reportedly molested her 12 year old daughter and raped her other three daughters aged 14 16 and 18 When another woman attempted to prevent the soldiers from attacking her two daughters she was beaten Soldiers reportedly told her 17 year old daughter to remove her clothes so that they could check whether she was hiding a gun They molested her before leaving the house 471 According to an op ed published in a BBC journal the emphasis of the movement after 1989 soon shifted from nationalism to Islam It also claimed that the minority community of Kashmiri Pandits who have lived in Kashmir for centuries were forced to leave their homeland 504 Reports by the Indian government state 219 Kashmiri pandits were killed and around 140 000 migrated due to millitancy while over 3000 remained in the valley 505 506 The local organisation of Pandits in Kashmir Kashmir Pandit Sangharsh Samiti claimed that 399 Kashmiri Pandits were killed by insurgents 507 508 Al Jazeera states that 650 Pandits were murdered by militants 509 Human Rights Watch also blamed Pakistan for supporting militants in Kashmir in same 2006 report it says There is considerable evidence that over many years Pakistan has provided Kashmiri militants with training weapons funding and sanctuary Pakistan remains accountable for abuses committed by militants that it has armed and trained 465 510 511 Our people were killed I saw a girl tortured with cigarette butts Another man had his eyes pulled out and his body hung on a tree The armed separatists used a chainsaw to cut our bodies into pieces It wasn t just the killing but the way they tortured and killed A crying old Kashmiri Hindu in refugee camps of Jammu to a BBC news reporter 504 The violence was condemned and labelled as ethnic cleansing in a 2006 resolution passed by the United States Congress 512 It stated that the Islamic terrorists infiltrated the region in 1989 and began an ethnic cleansing campaign to convert Kashmir into a Muslim state According to the same resolution since then nearly 400 000 Pandits were either murdered or forced to leave their ancestral homes 513 According to a Hindu American Foundation report the rights and religious freedom of Kashmiri Hindus have been severely curtailed since 1989 when there was an organised and systematic campaign by Islamist militants to cleanse Hindus from Kashmir Less than 4 000 Kashmiri Hindus remain in the valley reportedly living with daily threats of violence and terrorism 514 Sanjay Tickoo who heads the KPSS an organisation which looks after Pandits who remain in the Valley says the situation is complex On one hand the community did face intimidation and violence but on the other hand he says there was no genocide or mass murder as suggested by Pandits who are based outside of Kashmir 509 The displaced Pandits many of whom continue to live in temporary refugee camps in Jammu and Delhi are still unable to safely return to their homeland 514 The lead in this act of ethnic cleansing was initially taken by the Jammu amp Kashmir Liberation Front and the Hizbul Mujahideen According to Indian media all this happened at the instigation of Pakistan s Inter Services Intelligence ISI by a group of Kashmiri terrorist elements who were trained armed and motivated by the ISI Reportedly organisations trained and armed by the ISI continued this ethnic cleansing until practically all the Kashmiri Pandits were driven out after having been subjected to numerous indignities and brutalities such as rape torture forcible seizure of property etc 515 The separatists in Kashmir deny these allegations The Indian government is also trying to reinstate the displaced Pandits in Kashmir Tahir the district commander of a separatist Islamic group in Kashmir stated We want the Kashmiri Pandits to come back They are our brothers We will try to protect them But the majority of the Pandits who have been living in pitiable conditions in Jammu believe that until insurgency ceases to exist return is not possible 504 Mustafa Kamal brother of Union Minister Farooq Abdullah blamed security forces former Jammu and Kashmir governor Jagmohan and PDP leader Mufti Sayeed for forcing the migration of Kashmiri Pandits from the Valley 516 Jagmohan denies these allegations 504 Pro India politician Abdul Rashid says Pandits forced the migration on themselves so Muslims can be killed He says the plan was to leave Muslims alone and bulldoze them freely 517 The CIA has reported that at least 506 000 people from Indian Administered Kashmir are internally displaced about half of who are Hindu Pandits 518 519 The United Nations Commission on Human Rights UNCR reports that there are roughly 1 5 million refugees from Indian administered Kashmir the bulk of who arrived in Pakistan administered Kashmir and in Pakistan after the situation on the Indian side worsened in 1989 insurgency 520 Pakistan administered Kashmir Azad Kashmir Main article Human rights abuses in Azad Kashmir The 2010 Chatham House opinion poll of Azad Kashmir s people found that overall concerns about human rights abuses in Azad Kashmir was 19 458 The district where concern over human rights abuses was greatest was Bhimber where 32 of people expressed concern over human rights abuses 458 The lowest was in the district of Sudanhoti where concern over human rights abuses was a mere 5 458 Claims of religious discrimination and restrictions on religious freedom in Azad Kashmir have been made against Pakistan 521 The country is also accused of systemic suppression of free speech and demonstrations against the government 522 521 UNHCR reported that a number of Islamist militant groups including al Qaeda operate from bases in Pakistani administered Kashmir with the tacit permission of ISI 520 521 There have also been several allegations of human rights abuse 520 In 2006 Human Rights Watch accused ISI and the military of systemic torture with the purpose of punishing errant politicians political activists and journalists in Azad Kashmir 523 According to Brad Adams the Asia director at Human Rights Watch the problems of human rights abuses in Azad Kashmir were not rampant but they needed to be addressed and that the severity of human rights issues in Indian administered Kashmir were much much much greater 524 A report titled Kashmir Present Situation and Future Prospects submitted to the European Parliament by Emma Nicholson was critical of the lack of human rights justice democracy and Kashmiri representation in the Pakistan National Assembly 525 According to the Human Rights Commission of Pakistan Pakistan s ISI operates in Pakistan administered Kashmir and is accused of involvement in extensive surveillance arbitrary arrests torture and murder 521 The 2008 report by the United Nations High Commissioner for Refugees determined that Pakistan administered Kashmir was not free 521 According to Shaukat Ali chairman of the International Kashmir Alliance On one hand Pakistan claims to be the champion of the right of self determination of the Kashmiri people but she has denied the same rights under its controlled parts of Kashmir and Gilgit Baltistan 526 After the 2011 elections Azad Kashmir Prime Minister Sardar Attique Ahmad Khan stated that there were mistakes in the voters list which have raised questions about the credibility of the elections 527 In December 1993 the blasphemy laws of Pakistan were extended to Pakistan Administered Kashmir The area is ruled directly through a chief executive Lt Gen Mohammed Shafiq appointed by Islamabad with a 26 member Northern Areas Council 528 UNCR reports that the status of women in Pakistani administered Kashmir is similar to that of women in Pakistan They are not granted equal rights under the law and their educational opportunities and choice of marriage partner remain circumscribed Domestic violence forced marriage and other forms of abuse continue to be issues of concern In May 2007 the United Nations and other aid agencies temporarily suspended their work after suspected Islamists mounted an arson attack on the home of two aid workers after the organisations had received warnings against hiring women However honour killings and rape occur less frequently than in other areas of Pakistan 520 Scholar Sumantra Bose comments that the uprising remained restricted to the Indian side and did not spill over into Pakistani administered Kashmir despite a lack of democratic freedoms on the Pakistani side Bose offers a number of possible explanations for this Azad Kashmir s strong pro Pakistan allegiances and a relatively smaller population are suggested as reasons But Bose believes that a stronger explanation was that Pakistan had itself been a military bureaucratic state for most of its history without stable democratic institutions According to Bose the Kashmiri Muslims had higher expectations from India which turned out to be a moderately successful democracy and it was in this context that Kashmiri Muslim rage spilled over after the rigging of the elections in 1987 529 The residents of Azad Kashmir are also mostly Punjabi differing in ethnicity from Kashmiris in the Indian administered section of the state 530 Gilgit Baltistan The main demand of the people of Gilgit Baltistan is constitutional status for the region as a fifth province of Pakistan 531 532 However Pakistan claims that Gilgit Baltistan cannot be given constitutional status due to Pakistan s commitment to the 1948 UN resolution 532 533 In 2007 the International Crisis Group stated that Almost six decades after Pakistan s independence the constitutional status of the Federally Administered Northern Areas Gilgit and Baltistan once part of the former princely state of Jammu and Kashmir and now under Pakistani control remains undetermined with political autonomy a distant dream The region s inhabitants are embittered by Islamabad s unwillingness to devolve powers in real terms to its elected representatives and a nationalist movement which seeks independence is gaining ground The rise of sectarian extremism is an alarming consequence of this denial of basic political rights 534 A two day conference on Gilgit Baltistan was held on 8 9 April 2008 at the European Parliament in Brussels under the auspices of the International Kashmir Alliance 535 Several members of the European Parliament expressed concern over human rights violations in Gilgit Baltistan and urged the government of Pakistan to establish democratic institutions and the rule of law in the area 535 536 In 2009 the Pakistani government implemented an autonomy package for Gilgit Baltistan which entails rights similar to those of Pakistan s other provinces 531 Gilgit Baltistan thus gains province like status without actually being conferred such status constitutionally 531 533 Direct rule by Islamabad has been replaced by an elected legislative assembly under a chief minister 531 533 The 2009 reform has not satisfied locals who demand citizenship rights and it has continued to leave Gilgit Baltistan s constitutional status within Pakistan undefined although it has added to the self identification of the territory According to Antia Mato Bouzas the PPP led Pakistani government had attempted a compromise between its official position on Kashmir and the demands of a population where the majority may have pro Pakistan sentiments 537 There has been criticism and opposition to this move in Pakistan India and Pakistan administered Kashmir 538 The move has been dubbed a cover up to hide the real mechanics of power which allegedly are under the direct control of the Pakistani federal government 539 The package was opposed by Pakistani Kashmiri politicians who claimed that the integration of Gilgit Baltistan into Pakistan would undermine their case for the independence of Kashmir from India 540 300 activists from Kashmiri groups protested during the first Gilgit Baltistan legislative assembly elections with some carrying banners reading Pakistan s expansionist designs in Gilgit Baltistan are unacceptable 532 In December 2009 activists from nationalist Kashmiri groups staged a protest in Muzaffarabad to condemn the alleged rigging of elections and the killing of an 18 year old student 541 Map legalityAs with other disputed territories each government issues maps depicting their claims in Kashmir territory regardless of actual control Due to India s Criminal Law Amendment Act 1961 it is illegal in India to exclude all or part of Kashmir from a map or to publish any map that differs from those of the Survey of India 542 StatisticsSince 1989 and by 2006 over 50 000 people are claimed by Human Rights Watch to have died during the conflict 465 with at least 20 000 of them civilian 543 In 2008 authorities said that 43 000 people have been killed in the violence 283 Data released in 2011 by Jammu and Kashmir government stated that in the last 21 years 43 460 people have been killed in the Kashmir insurgency Of these 21 323 are militants 13 226 civilians killed by militants 3 642 civilians killed by security forces and 5 369 policemen killed by militants 544 According to the Government of India Home Ministry 2008 was the year with the lowest civilian casualties in 20 years with 89 deaths compared to a high of 1 413 in 1996 545 In 2008 85 security personnel died compared to 613 in 2001 while 102 militants were killed The human rights situation improved with only one custodial death and no custodial disappearances Many analysts say Pakistan s preoccupation with jihadis within its own borders explains the relative calm 546 In March 2009 Abdullah stated that only 800 militants were active in the state and out of these only 30 were Kashmiris 547 In 2016 Jammu and Kashmir Coalition of Civil Society said there had been 70 000 plus killings a majority committed by the Indian armed forces 461 The pro Pakistan Hurriyat group has claimed a higher death toll of 80 000 including civilians security forces and militants 548 Natural disaster diplomacyThe 2005 Kashmir earthquake which killed over 80 000 people led to India and Pakistan finalising negotiations for the opening of a road for disaster relief through Kashmir 549 2014 India Pakistan floods was also followed by statements of cooperation by leaders of both countries 550 551 552 553 See also India portal Pakistan portalHistory of Kashmir India Pakistan relations Indian White Paper on Jammu and Kashmir Indo Pakistani wars and conflicts United Nations Military Observer Group in India and PakistanNotes China s secondary role mentioned in various sources 5 6 7 8 9 10 Kashmiri leader Sheikh Abdullah noted in the UN Security Council in 1948 the plebiscite offer was made by the Prime Minister of India when I think he had not the slightest need for making it for Kashmir was in distress The Government of India could have easily accepted the accession and said All right we accept your accession and we shall render this help There was no necessity for the Prime Minister of India to add the proviso while accepting the accession that India does not want to take advantage of the difficult situation in Kashmir Varshney Three Compromised Nationalisms 1992 p 195 Panigrahi Jammu and Kashmir the Cold War and the West 2009 p 54 According to Mir Qasim Nehru was unwilling to send Indian army He was insistent that the Government could not send its forces at the request of the Maharaja although he wanted to accede to India unless the accession was endorsed by the people of Kashmir Sheikh Abduallah who was listening to the debate from an anteroom scribbled a note for Nehru requesting him to send the army to save Kashmir from the invaders Snedden Kashmir The Unwritten History 2013 pp 46 47 O n 28 October 1947 The Times while referring to the anti Indian raiding forces was still able to identify four elements among the 3 000 or so Muslim rebels and tribesmen in J amp K 1 Muslim League agents and agitators from Pakistan 2 villagers who have raised the Pakistan flag and attacked Kashmir officials 3 Pathan Pakhtoon tribesmen 4 Muslim deserters from Kashmir State forces who have taken their arms with them Snedden Kashmir The Unwritten History 2013 p 68 Nehru informed the Chief Ministers that the actual tribesmen among the raiders are probably limited in numbers the rest are ex servicemen of Poonch a b c Mir Qasim Sayyid 1992 My Life and Times Allied Publishers Limited ISBN 9788170233558 On the battlefield the National Conference volunteers were working shoulder to shoulder with the Indian army to drive out the invaders Sheikh Abdullah was not in favor of India seeking the UN intervention because he was sure the Indian army could free the entire State of the invaders George Cunningham the Governor of NWFP observed The tragedy is that Jinnah could I believe have got India s agreement to a plebiscite under impartial control 10 days ago but as the tribes were then in the ascendant for the time being he thought he would hold out a bit longer for better terms It looks as if he may now have lost his chance Raghavan War and Peace in Modern India 2010 p 111 Brecher The Struggle for Kashmir 1953 p 92 harvtxt error no target CITEREFBrecher The Struggle for Kashmir1953 help India was to begin to withdraw the bulk of their forces only after the Commission shall have notified it that the tribesmen and Pakistan nationals have withdrawn and further that the Pakistan forces are being withdrawn Moreover the withdrawal of Indian forces was to be conducted in stages to be agreed upon with the Commission not with Pakistan Korbel 1953 p 502 Though India accepted the resolution Pakistan attached to its acceptance so many reservations qualifications and assumptions as to make its answer tantamount to rejection Korbel 1953 pp 506 507 When a further Security Council resolution urged the governments of India and Pakistan to agree within thirty days on the demilitarization of Kashmir on the basis of Dr Graham s recommendation Pakistan once more accepted and India once more refused Dr Graham met the Indian request for retaining in Kashmir 21 000 men but continued to propose 6 000 soldiers on the Azad side Pakistan could not accept the first provision and India continued to insist on its stand concerning the Azad forces The meeting which ended in failure was accompanied by bitter comments in the newspapers of both India and Pakistan about United Nations intervention in the Kashmir dispute Korbel 1953 p 507 With the hindsight of six years the Council s approach though impartial and fair appears to have been inadequate in that it did not reflect the gravity of the Kashmir situation The Security Council did not deal with either of these arguments India s assumption of the legal validity of the accession and Pakistan s refusal to recognize its validity Nor did it consider the possibility of asking the International Court of Justice for an advisory opinion on the juridical aspect of the conflict under Article 96 of the Charter Nor did it invoke any provisions of Chapter VII of the Charter which deals with acts of aggression Subbiah 2004 p 180 From the beginning the Security Council framed the problem as primarily a political dispute rather than looking to a major legal underpinning of the dispute the Instrument of Accession s validity or lack thereof Ankit 2013 p 276 To Cadogan Britain s permanent representative at the UN irrespective of whether forces in question are organised or disorganised or whether they are controlled by or enjoy the convenience of Government of Pakistan India was entitled to take measures for self defence repelling invaders pursuing invaders into Pakistan under Article 51 of the UN Charter and charging Pakistan as aggressor under Article 35 Ankit 2013 p 279 Mountbatten too pleaded directly with Attlee along political as well as personal lines I am convinced that this attitude of the United States and the United Kingdom is completely wrong and will have far reaching results Any prestige I may previously have had with my Government has of course been largely lost by my having insisted that they should make a reference to the United Nations with the assurance that they would get a square deal there Choudhury Golam 1968 Pakistan s Relations with India 1947 1966 Praeger pp 178 Indian leaders continued to express the hope that partition would ultimately be undone in particular they envisaged the possibility of annexing East Pakistan Pakistan s resentment was confined to a disputed area when as a result of Indian intransigence the prospects of a peaceful solution of the Kashmir issue seemed bleak there were outbursts of anti Indian feelings in Pakistan Alleged talk of holy war or Jehad referred to the disputed territory of Kashmir But in India leaders press and even scholars had no hesitation in expressing the hope of undoing the partition and thus annihilating Pakistan Choudhury Golam 1968 Pakistan s Relations with India 1947 1966 Praeger pp 175 Most of those quotations related to the period after the signing of the Liaquat Nehru Agreement of April 8 1950 under which India and Pakistan undertook not to permit propaganda in either country seeking to incite war between the two countries The government of Pakistan initiated twenty seven complaints of flagrant violation of the Agreement by a number of influential Indian newspapers but no effective action was taken by the Indian government the plea being that its scope for action was limited by the India constitution The Pakistan government pointed out that if this were the position the government of India should not have undertaken an international obligations which it was not in a position to carry out The government of India made only eight complaints about alleged violation of the Agreement Choudhury Golam 1968 Pakistan s Relations with India 1947 1966 Praeger pp 166 Liaquat drew attention to the continuous and blatant propaganda for war against Pakistan and indeed for the very liquidation of Pakistan carried on by the Indian press prominent leaders and political parties which openly adopted as an article of creed the undoing of partition which meant nothing but liquidation of Pakistan No doubt there had been talk of Jehad or liberation of the Muslim population of Kashmir in Pakistan but Pakistan s grievances have always been confined to Kashmir which is a disputed territory It was wrong to construe expressions giving vent to feelings of frustration over the failure of peaceful methods of solution in Kashmir as a desire for war against India But in India the creation of Pakistan itself is still regarded as a tragic mistake which ought to be corrected Varshney Three Compromised Nationalisms 1992 p 216 Independent observers could get no evidence of it The New York Times found that most of the prisoners captured thus far do not speak the Kashmiri dialect They speak Punjabi and other dialects The Washington Post remarked The Moslem Pakistanis led by President Ayub had expected the infiltrators to be able to produce a general uprising and this is Ayub s first disappointment Once again it seemed clear that whatever the state of their relationship with India Kashmiris did not wish to embrace Pakistan Gilgit Baltistan was not included in the surveyCitations Yahuda Michael 2 June 2002 China and the Kashmir crisis BBC Retrieved 22 March 2019 Chang I wei Jennifer 9 February 2017 China s Kashmir Policies and Crisis Management in South Asia United States Institute of Peace Retrieved 22 March 2019 a b Slater Christopher L Hobbs Joseph J 2003 Essentials of World Regional Geography 4 ed Brooks Cole Thomson Learning p 312 ISBN 9780534168100 LCCN 2002106314 via Internet Archive India now holds about 55 of the old state of Kashmir Pakistan 30 and China 15 Malik V P 2010 Kargil from Surprise to Victory paperback ed HarperCollins Publishers India p 54 ISBN 9789350293133 a b Signing with the Red Chinese Time magazine 15 March 1963 Archived from the original on 22 December 2008 Retrieved 28 October 2019 Kashmir region Indian subcontinent Encyclopaedia Britannica Retrieved 16 July 2016 Jammu amp Kashmir European Foundation for South Asian Studies EFSAS Retrieved 4 May 2020 Snow Shawn 19 September 2016 Analysis Why Kashmir Matters The Diplomat Retrieved 4 May 2020 Hobbs Joseph J March 2008 World Regional Geography CengageBrain p 314 ISBN 978 0495389507 Margolis Eric 2004 War at the Top of the World The Struggle for Afghanistan Kashmir and Tibet paperback ed Routledge p 56 ISBN 9781135955595 Copland Ian 2003 Review of War and Diplomacy in Kashmir 1947 48 By C Dasgupta Pacific Affairs 76 1 144 145 ISSN 0030 851X JSTOR 40024025 As is well known this Hindu ruled Muslim majority state could conceivably have joined either India or Pakistan but procrastinated about making a choice until a tribal invasion the term is not contentious forced the ruler s hand Lyon Peter 2008 Conflict Between India and Pakistan An Encyclopedia ABC Clio p 80 ISBN 9781576077122 Kashmir History People amp Conflict Encyclopedia Britannica Archived from the original on 30 April 2015 Bose Sumantra 2003 Kashmir Roots of Conflict Paths to Peace Harvard University Press p 76 ISBN 0 674 01173 2 The intervening years between 1958 and 1962 were notable for China s entry into the international politics of the Kashmir conflict China s relations with India deteriorated precipitously after the Chinese annexation of Tibet in 1959 and rising tensions flared into a military conflict in late 1962 at a number of disputed border flashpoints stretching in an east west arc along the Himalayan ranges including a desolate area called Aksai Chin on Ladakh s frontier with Tibet and China s Xinjiang province Simla Agreement Bilateral Multilateral Documents Ministry of External Affairs Government of India Retrieved 27 September 2013 Fortna Virginia 2004 Peace time cease fire agreements and the durability of peace Princeton University Press ISBN 978 0 691 11512 2 MacDonald Myra 2017 Defeat is an Orphan How Pakistan Lost the Great South Asian War Oxford University Press pp 27 53 64 66 67 ISBN 978 1 84904 858 3 p 27 It was not so much that India won the Great South Asian War but that Pakistan lost it p 53 The story of the Kargil War Pakistan s biggest defeat by India since 1971 is one that goes to the heart of why it lost the Great South Asian War p 64 Afterwards Musharraf and his supporters would claim that Pakistan won the war militarily and lost it diplomatically In reality the military and diplomatic tides turned against Pakistan in tandem p 66 For all its bravado Pakistan had failed to secure even one inch of land p 66 67 Less than a year after declaring itself a nuclear armed power Pakistan had been humiliated diplomatically and militarily a b c d Wax Emily 28 August 2008 Peaceful Protests in Kashmir Alter Equation for India The Washington Post Retrieved 23 November 2010 a b c d Trofimov Yaroslav 15 December 2008 A New Tack in Kashmir The Wall Street Journal Archived from the original on 13 June 2022 Retrieved 2 February 2010 Mathur Shubh 2016 The Human Toll of the Kashmir Conflict Grief and Courage in a South Asian Borderland Palgrave Macmillan US pp 21 ISBN 978 1 137 54622 7 writers like Baba 2014 Bose 2005 Schofield 2010 and Robinson 2013 see it as an indigenous Kashmiri response to the decades of political repression and the denial of the Kashmiri right to self determination a b Iqbal Sajid Hossain Zoheb Mathur Shubh 2014 Reconciliation and truth in Kashmir a case study Race amp Class 56 2 51 65 doi 10 1177 0306396814542917 S2CID 147586397 Amin Tahir Schofield Victoria Kashmir The Oxford Encyclopedia of the Islamic World Oxford University Press The origins of the current insurgency in Kashmir relate to latent frustration among the population Despite Indian promises to the Kashmiri people and the UN that a plebiscite would be held the Indian government never allowed the Kashmiris to exercise their right of self determination Evans 2002 p 19 Most Kashmiri Pandits living in the Kashmir Valley left in 1990 as militant violence engulfed the state Some 95 of the 160 000 170 000 community left in what is often described as a case of ethnic cleansing harvnb error no target CITEREFEvans2002 help Saliq Sheikh 16 September 2011 2010 Kashmir Unrest A recollection of what happened The Vox Kashmir Archived from the original on 2 April 2015 Retrieved 10 April 2015 Burke Jason 4 August 2010 Kashmir unrest continues as more protesters die The Guardian Retrieved 10 April 2015 U N concerned over Kashmir unrest Reuters 3 August 2010 Archived from the original on 6 August 2010 Retrieved 10 April 2015 Kashmir s most wanted terrorist Burhan Wani killed in Anantnag encounter India Today 8 July 2016 Retrieved 12 November 2021 Pakistan warns India against attacking BBC News 19 February 2019 Kazi Rape Impunity and Justice in Kashmir 2014 pp 14 46 a b c Kazi Seema 2015 Gender and Militarization in Kashmir Oxford Islamic Studies Online Oxford University Press Sordid and gruesome as the militant record of violence against Kashmiri women and civilians is it does not compare with the scale and depth of abuse by Indian State forces for which justice has yet to be done India Denied Failures in accountability for human rights violations by security force personnel in Jammu and Kashmir Amnesty International 30 June 2015 Retrieved 4 July 2015 Essa Azad 10 September 2015 India covering up abuses in Kashmir report Al Jazeera Retrieved 13 November 2021 Asian Legal Resource Centre 27 August 2010 Pakistan Thousands Of Persons Remain Missing Scoop Archived from the original on 4 October 2012 Retrieved 10 March 2012 Adams Brad 21 September 2006 Pakistan Free Kashmir Far From Free Human Rights Watch Archived from the original on 14 March 2013 Retrieved 8 August 2012 Snedden Christopher 2015 Understanding Kashmir and Kashmiris ISBN 9781849043427 Bose Kashmir Roots of Conflict 2003 pp 27 28 Mridu Rai Hindu Rulers Muslim Subjects 2004 John L Esposito ed 2004 Kashmir The Islamic World Past and Present Oxford University Press Muslims however suffered under Hindu rule Menon Vapal Pangunni 8 December 2015 Transfer of Power in India Sangam Books Ltd p 519 ISBN 978 8125008842 Indian Independence Act 1947 UK Legislation The National Archives Retrieved 14 September 2015 Ankit Rakesh April 2010 Pandit Ramchandra Kak The Forgotten Premier of Kashmir Epilogue Epilogue Jammu Kashmir 4 4 36 39 a b Ankit Rakesh May 2010 Henry Scott The forgotten soldier of Kashmir Epilogue 4 5 44 49 Archived from the original on 10 May 2017 Retrieved 20 April 2016 a b Raghavan War and Peace in Modern India 2010 p 106 Raghavan War and Peace in Modern India 2010 pp 31 34 35 105 Copland Ian February 1991 The Princely States the Muslim League and the Partition of India in 1947 The International History Review 13 1 38 69 doi 10 1080 07075332 1991 9640572 JSTOR 40106322 Copland State Community and Neighbourhood in Princely India 2005 p 143 Raghavan War and Peace in Modern India 2010 pp 105 106 Nawaz The First Kashmir War Revisited 2008 pp 120 121 Chattha Partition and its Aftermath 2009 pp 179 180 Snedden Kashmir The Unwritten History 2013 pp 48 57 Snedden Kashmir The Unwritten History 2013 p 45 Raghavan War and Peace in Modern India 2010 p 105 Jha The Origins of a Dispute 2003 p 47 Raghavan War and Peace in Modern India 2010 p 108 Jha The Origins of a Dispute 2003 p 69 Jha Prem Shankar V P Menon turned around and said Sam we ve got the Accession An interview with Field Marshal Sam Manekshaw Rediff com Retrieved 24 May 2012 Varshney Three Compromised Nationalisms 1992 p 194 Khan Nyla Ali 2010 Islam Women and Violence in Kashmir Between India and Pakistan Palgrave Macmillan pp 30 ISBN 978 0 230 11352 7 Panigrahi Jammu and Kashmir the Cold War and the West 2009 p 54 Guha India after Gandhi 2008 p xx Khan Bangash Yaqoob 2010 Three Forgotten Accessions Gilgit Hunza and Nagar The Journal of Imperial and Commonwealth History 38 1 132 doi 10 1080 03086530903538269 S2CID 159652497 Schofield Kashmir in Conflict 2003 pp 63 64 Bangash Yaqoob Khan 2010 Three Forgotten Accessions Gilgit Hunza and Nagar The Journal of Imperial and Commonwealth History 38 1 117 143 doi 10 1080 03086530903538269 S2CID 159652497 Alam replied to the locals as recorded by Brown you are a crowd of fools led astray by a madman I shall not tolerate this nonsense for one instance And when the Indian Army starts invading you there will be no use screaming to Pakistan for help because you won t get it The provisional government faded away after this encounter with Alam Khan clearly reflecting the flimsy and opportunistic nature of its basis and support Khan Bangash Yaqoob 2010 Three Forgotten Accessions Gilgit Hunza and Nagar The Journal of Imperial and Commonwealth History 38 1 137 doi 10 1080 03086530903538269 S2CID 159652497 Bangash Yaqoob Khan 9 January 2016 Gilgit Baltistan part of Pakistan by choice The Express Tribune Retrieved 5 January 2017 Nearly 70 years ago the people of the Gilgit Wazarat revolted and joined Pakistan of their own free will as did those belonging to the territories of Chilas Koh Ghizr Ishkoman Yasin and Punial the princely states of Hunza and Nagar also acceded to Pakistan Hence the time has come to acknowledge and respect their choice of being full fledged citizens of Pakistan Zutshi Chitralekha 2004 Languages of Belonging Islam Regional Identity and the Making of Kashmir C Hurst amp Co Publishers pp 309 ISBN 978 1 85065 700 2 Sokefeld Martin November 2005 From Colonialism to Postcolonial Colonialism Changing Modes of Domination in the Northern Areas of Pakistan PDF The Journal of Asian Studies 64 4 939 973 doi 10 1017 S0021911805002287 S2CID 161647755 Schofield Kashmir in Conflict 2003 pp 65 67 Fair Militant Challenge in Pakistan 2011 pp 107 108 Raghavan War and Peace in Modern India 2010 pp 110 111 Noorani The Kashmir Dispute 2014 pp 13 14 See also Khurshid Tooba Spring 2014 The Kashmir Dispute 1947 2012 by A G Noorani review Strategic Studies 34 1 121 124 JSTOR 48527560 Prasad Sri Nandan Pal Dharm 1987 Operations in Jammu amp Kashmir 1947 48 History Division Ministry of Defence Government of India pp 49 50 via Internet Archive Gupta Jammu and Kashmir 2012 pp 97 Schofield Kashmir in Conflict 2003 p 61 Raghavan War and Peace in Modern India 2010 p 111 Schofield Kashmir in Conflict 2003 pp 67 68 Noorani A G 8 January 2017 Plebiscite in Kashmir Stillborn or Killed Part 1 Greater Kashmir Archived from the original on 14 November 2021 Retrieved 14 November 2021 Siddiqi Muhammad Ali 15 June 2014 Cover Story The Kashmir Dispute 1947 2012 by A G Noorani Dawn Schofield Kashmir in Conflict 2003 pp 68 69 Plebiscite Conundrum Kashmirlibrary org 5 January 1949 Archived from the original on 2 February 2020 Retrieved 11 November 2012 Schofield Kashmir in Conflict 2003 p 70 Varshney Three Compromised Nationalisms 1992 p 211 Schofield Kashmir in Conflict 2003 pp 70 71 Schofield Kashmir in Conflict 2003 pp 71 72 Schofield Kashmir in Conflict 2003 pp 82 85 Varshney Three Compromised Nationalisms 1992 p 212 McMahon Robert J June 2010 The Cold War on the Periphery The United States India and Pakistan Columbia University Press pp 34 ISBN 978 0 231 51467 5 Gupta Jammu and Kashmir 2012 pp 156 At the next meeting the Security Council appointed Sir Owen Dixon as the U N representative for India and Pakistan on 12 April 1950 He was to implement the McNaughton proposals for the demilitarization of the State Josef Korbel 8 December 2015 Danger in Kashmir Princeton University Press pp 168 ISBN 978 1 4008 7523 8 It called upon India and Pakistan to prepare and execute within a period of five months from the date of this resolution a programme of demilitarization on the basis of principles 2 of General McNaughton s proposal It further decided to replace the United Nations Commission by a representative entrusted with arbitrary powers to interpret the agreements reached by the parties for demilitarization in case they should agree in this most important matter It also requested this representative to make any suggestions which would in his opinion expedite and offer an enduring solution to the Kashmir dispute Victoria Schofield 30 May 2010 Kashmir in Conflict India Pakistan and the Unending War I B Tauris pp 101 ISBN 978 0 85773 078 7 On 27 May 1950 the Australian jurist Sir Owen Dixon arrived in the sub continent as the one man successor to UNCIP Patel wrote to Nehru that Dixon was working to bring about an agreement on the question of demilitarisation Gupta Jammu and Kashmir 2012 pp 160 He summed up his impressions in very strong language sharply taking India to task for its negative attitude towards the various alternative demilitarization proposals Snedden Christopher 2005 Would a plebiscite have resolved the Kashmir dispute South Asia Journal of South Asian Studies 28 1 64 86 doi 10 1080 00856400500056145 S2CID 145020726 Gupta Jammu and Kashmir 2012 pp 161 In any case Pakistan turned down the proposal on the ground that India s commitment for a plebiscite in the whole of Jammu and Kashmir should not be departed from Josef Korbel 8 December 2015 Danger in Kashmir Princeton University Press pp 173 ISBN 978 1 4008 7523 8 India Pakistan insisted was committed to a plebiscite in the State of Jammu and Kashmir as a whole Hilal A Z 1997 Kashmir dispute and UN mediation efforts An historical perspective Small Wars amp Insurgencies 8 2 75 This time it was Pakistan who refused to accept his proposal arguing that Pakistan considered it a breach of India s agreement that The destination of the state as a whole should be decided by a single plebiscite taken over the entire state Snedden Christopher 2005 Would a plebiscite have resolved the Kashmir dispute South Asia Journal of South Asian Studies 28 64 86 doi 10 1080 00856400500056145 S2CID 145020726 Gupta Jammu and Kashmir 2012 pp 161 162 Troops of both countries were to be excluded from the limited plebiscite area On 16 August 1950 the Indian Prime Minister rejected the plan for limited plebiscite on the following grounds 4 The security of the State necessitated the presence of Indian troops and the exclusion of the Pakistani troops from the plebiscite area India would not depart from that principle Sir Owen Dixon disagreed with the Indian position He aired his views that a neutral administration was necessary for a fair plebiscite that the exclusion of Indian troops were essential prerequisites of the same Bradnock Robert W 998 Regional geopolitics in a globalising world Kashmir in geopolitical perspective Geopolitics 3 2 11 doi 10 1080 14650049808407617 More importantly Dixon concluded that it was impossible to get India s agreement to any reasonable terms In the end I became convinced that India s agreement would never be obtained to demilitarisation in any such form or to provisions governing the period of the plebiscite of any such character as would in my opinion permit of the plebiscite being conducted in conditions sufficiently guarding against intimidation and other forms of influence and abuse by which the freedom and fairness of the plebiscite might be imperilled Victoria Schofield 2000 Kashmir in Conflict India Pakistan and the Unending War I B Tauris pp 83 ISBN 978 1 86064 898 4 Yet again the question of demilitarisation was the sticking point causing Dixon to conclude In the end I became convinced that India s agreement would never be obtained to demilitarisation in any such form or to provisions governing the period of the plebiscite of any such character as would in my opinion permit of the plebiscite being conducted in conditions sufficiently guarding against intimidation and other forms of influence and abuse by which the freedom and fairness of the plebiscite might be imperilled Without such demilitarisation the local Azad and regular Pakistani forces were not prepared to withdraw from the territory they had retained Schaffer The Limits of Influence 2009 p 30 The failure of the Dixon mission seems to have sharpened even further Ambassador Henderson s already deep suspicions of Indian motives and good faith He concluded that growing resentment in India about the allegedly pro Pakistan attitude of the United States on Kashmir which he reported had been quietly stimulated by Nehru himself made it desirable to have Britain and other commonwealth countries take the lead in working out a solution Washington appears to have heeded the ambassador s advice Brecher 1953 p 119 Brecher 1953 p 120 Brecher 1953 p 121 Brecher 1953 p 122 Brecher 1953 p 123 Victoria Schofield 30 May 2010 Kashmir in Conflict India Pakistan and the Unending War I B Tauris pp 102 ISBN 978 0 85773 078 7 The issue was briefly taken up by the Commonwealth when in January 1951 at a meeting of Commonwealth prime ministers Robert Menzies the Australian prime minister suggested that Commonwealth troops should be stationed in Kashmir that a joint Indo Pakistani force should be stationed there and to entitle the plebiscite administrator to raise local troops Pakistan agreed to the suggestions but India rejected them Schofield Kashmir in Conflict 2003 pp 83 86 Josef Korbel 8 December 2015 Danger in Kashmir Princeton University Press pp 178 180 ISBN 978 1 4008 7523 8 Pakistan accepted the resolution India rejected it principally because of the new proposal for arbitration Pandit Nehru and his followers in Kashmir declared that they would not permit the fate of four million people to be decided by a third person But this was overclouding the issue It had never been recommended nor can one seriously believe that Nehru actually thought it had been that the final fate of Kashmir should be decided by a tribunal It was only the extent and procedure of the state s demilitarization which was to be submitted to arbitration should the parties again fail to agree At this point India cannot escape criticism On one occasion Nehru had thoroughly endorsed a policy proposed by the Indian National Congress to have all disputes concerning Hindu Muslim relationship referred to arbitration to the League of Nations or any other impartial body mutually agreed upon When however Liaquat Ali Khan made the more concrete proposal that the Kashmir dispute be arbitrated Nehru replied that the Kashmir dispute was a non justiciable and political issue and cannot be disposed of by reference to a judicial tribunal Zutshi Languages of Belonging 2004 p 321 a b c d Raghavan War and Peace in Modern India 2010 p 225 a b c d Shankar Nehru s Legacy in Kashmir 2016 pp 6 7 Rizvi India Pakistan and the Kashmir Problem 1992 p 57 Schaffer The Limits of Influence 2009 p 38 Rizvi India Pakistan and the Kashmir Problem 1992 p 58 Rizvi India Pakistan and the Kashmir Problem 1992 pp 58 59 Schaffer The Limits of Influence 2009 p 43 Schaffer The Limits of Influence 2009 p 46 He was not moved by Eisenhower s assurances of U S action against Pakistan should it misuse American supplied arms or by the president s offer to entertain an Indian request for U S military aid Sumit Ganguly 5 January 2002 Conflict Unending India Pakistan Tensions Since 1947 Columbia University Press pp 25 ISBN 978 0 231 50740 0 Shankar Nehru s Legacy in Kashmir 2016 pp 12 13 Shankar Nehru s Legacy in Kashmir 2016 p 12 Shankar Nehru s Legacy in Kashmir 2016 p 6 Scholars have similarly pointed to Nehru s occasional expression of skepticism about the wisdom and practicality of holding a plebiscite Noorani for instance points to a missive from Nehru to Sheikh Abdullah in August 1952 in which the former admitted to having ruled out the plebiscite for all practical purposes Noorani A G 1996 Partition of Kashmir Book review of Pauline Dawson The Peacekeepers of Kashmir The UN Military Observer Group in India Economic and Political Weekly 32 5 271 273 JSTOR 4403745 Crocker Walter 20 November 2011 Nehru A Contemporary s Estimate Random House India pp 48 ISBN 978 81 8400 213 3 Zachariah Benjamin 2004 Nehru Routledge p 180 ISBN 978 1 134 57740 8 A G Noorani wondered whether India seriously contemplated plebiscite even in 1948 121 Australian diplomat Walter Crocker believed that Nehru was never seriously intent on holding a plebiscite and was determined to get out of it 122 Historian Benjamin Zachariah states that Nehru abandoned the idea of plebiscite by late 1948 but supported it in public till 1954 123 Talbot amp Singh The Partition of India 2009 p 136 Singh Ethnic Conflict in India 2000 p 203 Thereafter India s response was to cloak its integrationist intent under the pretext of the Cold War threat emanating from the US policy of encirclement which included a military alliance with Pakistan Schofield Kashmir in Conflict 2003 pp 85 257 Wilcox Wayne 1968 China s strategic alternatives in South Asia In Bingdi He Tang Tsou eds China in Crisis Volume 2 China s Policies in Asia and America s Alternatives University of Chicago Press pp 397 398 ISBN 978 0 226 81519 0 Viewpoint Why mass funerals spur violence in Kashmir BBC News 4 September 2016 Retrieved 13 June 2022 Verma Virendra Sahai 2006 Sino Indian Border Dispute At Aksai Chin A Middle Path For Resolution PDF Journal of Development Alternatives and Area Studies 25 3 6 8 ISSN 1651 9728 Retrieved 30 August 2013 Retzlaff R J 1963 India A Year of Stability and Change Asian Survey 3 2 97 doi 10 2307 3023681 JSTOR 3023681 Fisher M W Rose L E 1962 Ladakh and the Sino Indian Border Crisis Asian Survey 2 8 31 doi 10 2307 3023601 JSTOR 3023601 Pillalamarri Akhilesh 7 June 2014 What India Gets Wrong About China The Diplomat Retrieved 11 November 2018 Easen Nick 24 May 2002 Aksai Chin China s disputed slice of Kashmir CNN Retrieved 2 February 2010 Fair Militant Challenge in Pakistan 2011 pp 109 111 Faruqui Ahmad Remembering 6th of September 1965 Pakistan Link Archived from the original on 30 September 2007 Retrieved 8 July 2007 Paul Asymmetric Conflicts 1994 p 107 Paul Asymmetric Conflicts 1994 pp 115 116 Mankekar D R 1967 Twentytwo fateful days Pakistan cut to size Manaktalas pp 62 63 67 Retrieved 8 November 2011 Ganguly Crisis in Kashmir 1999 p 60 a b Dixit India Pakistan in War and Peace 2003 pp 228 229 Ganguly Crisis in Kashmir 1999 pp 60 63 Dixit India Pakistan in War and Peace 2003 pp 228 229 Haqqani Pakistan Between Mosque and Military 2010 pp 98 99 Subramaniam India s Wars 2016 Chapter 27 Ganguly Crisis in Kashmir 1999 pp 60 63 Cohen Stephen Philip 2002 India Pakistan and Kashmir Journal of Strategic Studies 25 4 32 60 doi 10 1080 01402390412331302865 S2CID 154265853 See Roberts Adam Welsh Jennifer 2010 The United Nations Security Council and War The Evolution of Thought and Practice Since 1945 Oxford University Press p 340 ISBN 978 0 19 958330 0 Cheema Zafar Iqbal 2009 The strategic context of the Kargil conflict A Pakistani perspective in Peter Rene Lavoy ed Asymmetric Warfare in South Asia The Causes and Consequences of the Kargil Conflict Cambridge University Press p 47 ISBN 978 0 521 76721 7 Schaffer The Limits of Influence 2009 pp 122 123 Cohen Stephen Philip 2002 India Pakistan and Kashmir Journal of Strategic Studies 25 4 32 60 doi 10 1080 01402390412331302865 S2CID 154265853 Kux Dennis 1992 India and the United States Estranged Democracies 1941 1991 DIANE Publishing p 434 ISBN 978 0 7881 0279 0 Lyon Peter 2008 Conflict Between India and Pakistan An Encyclopedia ABC CLIO p 166 ISBN 978 1 57607 712 2 Guha India after Gandhi 2008 Sec 20 VII Behera Demystifying Kashmir 2007 p 16 Guha Opening a Window in Kashmir 2004 p 80 Puri Across the Line of Control 2013 p 16 Schofield Kashmir in Conflict 2003 p 21 a b Snedden Kashmir The Unwritten History 2013 p 23 Copland Ian 18 June 1991 The Abdullah Factor Kashmiri Muslims and the Crisis of 1947 In Low D A ed Political Inheritance of Pakistan Palgrave Macmillan UK pp 226 ISBN 978 1 349 11556 3 Behera Demystifying Kashmir 2007 p 19 Snedden Christopher 15 September 2015 Understanding Kashmir and Kashmiris Hurst pp 133 ISBN 978 1 84904 621 3 Puri Across the Line of Control 2013 pp 16 17 Behera Navnita 2007 Demystifying Kashmir p 107 ISBN 9788131708460 Schofield Kashmir in Conflict 2003 pp 22 23 a b Snedden Kashmir The Unwritten History 2013 p 24 Zutshi Languages of Belonging 2004 p 299 Schofield Kashmir in Conflict 2003 p 24 Snedden Kashmir The Unwritten History 2013 p 25 Puri The Question of Accession 2010 p 4 a b Jaffrelot Religion Caste and Politics 2011 pp 288 301 Jaffrelot Hindu Nationalist Movement 1996 pp 149 150 Puri The Question of Accession 2010 pp 4 5 Gupta Jammu and Kashmir 2012 pp 194 195 Gupta Jammu and Kashmir 2012 p 195 a b Ray Jayanta Kumar 2007 Aspects of India s International Relations 1700 to 2000 South Asia and the World Pearson Education India p 208 ISBN 978 81 317 0834 7 Wynbrandt James 2009 A Brief History of Pakistan Infobase Publishing p 167 ISBN 978 0 8160 6184 6 Kashmir Roots of Conflict Paths to Peace by Sumatra Bose Harvard University Press 2009 pp 55 57 ISBN 9780674028555 a b Ved Bhasin 3 October 2009 Riots changed J amp K politics Kashmir Life Raghavan War and Peace in Modern India 2010 pp 190 191 Ved Bhasin 3 October 2009 Riots changed J amp K politics Kashmir Life Senior Jammu journalist Ved Bhasin has said That Abdullah s government was not a democratic government They did not behave in a democratic manner Corruption had started he denied democratic rights to people He did not tolerate any opposition He crushed the freedom of press He and other NC leaders did not tolerate any voice of dissent He acted as an authoritarian ruler The constituent assembly elections of 1951 were totally rigged Within the state freedom was curbed civil liberties were denied there was no freedom for public meetings demonstrations Zutshi Chitralekha 2004 Languages of Belonging Islam Regional Identity and the Making of Kashmir Hurst p 314 ISBN 9781850657002 Gupta Jammu and Kashmir 2012 pp 195 196 a b Gupta Jammu and Kashmir 2012 pp 197 203 Qayoom Advocate Mian Abdul 22 September 2016 What Delhi Agreement of 1952 is all about Kashmir Reader Archived from the original on 16 March 2017 Kashmir References www kashmirlibrary org South Asian Politics and Religion By Donald Eugene Smith Princeton University Press 8 December 2015 pp 86 87 ISBN 978 1 4008 7908 3 Ved Bhasin 3 October 2009 Riots changed J amp K politics Kashmir Life Ved Bhasin has remarked Obviously Abdullah was more concerned in absolute power His struggle was for greater autonomy maximum powers which he tried to concentrate in his own hands He was interested in absolute power and if India gave him absolute power he was willing for it It is not that for people he was interested Initially he supported accession with India International Conspiracies Behind the J amp K Imbroglio Archived from the original on 23 February 2017 In 1953 Mr Adlai Stevenson the then Governor of Illinois USA met Sheikh Abdullah in Sri Nagar Commenting on this meeting Manchester Guardian disclosed in August 1953 that he Mr Stevenson seems to have listened to suggestions that the best status for Kashmir could be independence from both India and Pakistan and that Sheikh Abdullah had been encouraged by Adlai Stevenson Sheikh was suspected of planning a session of the constituent Assembly which instead of ratifying the accession to India would declare the vale of Kashmir independent According to New York Times July 1953 Kashmir valley would gain independence possibly guaranteed by both countries and the rest of the state would be partitioned between them roughly along the present cease fire line It was said that John Foster Dulles U S Secretary of State supported a solution of this nature Abdullah Atish e Chinar 1985 p 593 607 Bimal Prasad ed Selected Works of Jayaprakash Narayan Vol 7 Manohar page 115 quoted in A G Noorani The Dixon Plan Frontline 12 October 2002 Gupta Jammu and Kashmir 2012 pp 209 212 Ali Muddasir 5 November 2015 JK ready to defend Article 35 A in Supreme Court Greater Kashmir Archived from the original on 23 March 2017 Retrieved 22 March 2017 Bhadoriya Rakesh Singh 4 December 2016 Origin of Jammu and Kashmir Analysis of Article 370 in Present Scenario LexHindustan Archived from the original on 12 October 2017 Retrieved 22 March 2017 The Longest August The Unflinching Rivalry Between India and Pakistan By Dilip Hiro Nation Books 24 February 2015 p 151 ISBN 9781568585031 Led by him Bakshi Ghulam Muhammad 64 of 74 strong Constituent Assembly members ratified the state s accession to India on February 15 1954 We are today taking the decision of final and irrevocable accession to India and no power on earth could change it declared Bakshi Muhammad Kashmir s accession The Hindu 17 February 2004 Archived from the original on 10 March 2019 The report of the Drafting Committee ratifying the accession of the Jammu and Kashmir State to India was adopted by the Constituent Assembly in Jammu on February 15 before it was adjourned sine die Earlier Premier Bakshi Ghulam 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