how to resolve kashmir issue essay

leaders meeting about India and Pakistan independence in 1947

The Kashmir conflict: How did it start?

The dispute between India and Pakistan over Kashmir was sparked by a fateful decision in 1947, and has resulted in decades of violence, including two wars.

Since 1947, India and Pakistan have been locked in conflict over Kashmir, a majority-Muslim region in the northernmost part of India. The mountainous, 86,000-square-mile territory was once a princely state. Now, it is claimed by both India and Pakistan.

The roots of the conflict lie in the countries’ shared colonial past. From the 17th to the 20th century, Britain ruled most of the Indian subcontinent, first indirectly through the British East India Company, then from 1858 directly through the British crown. Over time, Britain’s power over its colony weakened, and a growing nationalist movement threatened the crown’s slipping rule.

Though it feared civil war between India’s Hindu majority and Muslim minority, Britain faced increasing pressure to grant independence to its colony. After World War II, Parliament decided British rule in India should end by 1948.

Britain had historically had separate electorates for Muslim citizens and reserved some political seats specifically for Muslims; that not only hemmed Muslims into a minority status, but fueled a growing Muslim separatist movement. Mohammad Ali Jinnah , a politician who headed up India’s Muslim League, began demanding a separate nation for India’s Muslim population.

“It is high time that the British Government applied their mind definitely to the division of India and the establishment of Pakistan and Hindustan, which means freedom for both,” Jinnah said in 1945 .

As religious riots broke out across British India, leaving tens of thousands dead , British and Indian leaders began to seriously consider a partition of the subcontinent based on religion. On August 14, 1947, the independent, Muslim-majority nation of Pakistan was formed. The Hindu-majority independent nation of India followed the next day.

Under the hasty terms of partition, more than 550 princely states within colonial India that were not directly governed by Britain could decide to join either new nation or remain independent.

The maharaja of Kashmir, Hari Singh, in June 1946.

At the time, the princely state of Jammu and Kashmir, which had a majority Muslim population, was governed by maharaja Hari Singh, a Hindu. Unlike most of the princely states which aligned themselves with one nation or the other, Singh wanted independence for Kashmir. To avert pressure to join either new nation, the maharaja signed a standstill agreement with Pakistan that allowed citizens of Kashmir to continue trade and travel with the new country. India did not sign a similar standstill agreement with the princely state.

As partition-related violence raged across the two new nations , the government of Pakistan pressured Kashmir to join it. Pro-Pakistani rebels, funded by Pakistan, took over much of western Kashmir, and in September 1947, Pashtun tribesmen streamed over the border from Pakistan into Kashmir. Singh asked for India’s help in staving off the invasion, but India responded that, in order to gain military assistance, Kashmir would have to accede to India, thus becoming part of the new country.

Singh agreed and signed the Instrument of Accession , the document that aligned Kashmir with the Dominion of India, in October 1947. Kashmir was later given special status within the Indian constitution—a status which guaranteed that Kashmir would have independence over everything but communications, foreign affairs, and defense. This special status was revoked by the Indian government in August 2019.

The maharaja's fateful decision to align Kashmir with India ushered in decades of conflict in the contested region, including two wars and a longstanding insurgency.

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India and Pakistan: Continued Conflict or Cooperation?

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Ten Potential Solutions to the Kashmir Conflict

Published: September 2010
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A permanent peaceful resolution to Kashmir's conflict will require solemn diplomatic agreements between India and Pakistan that have the full support of Kashmir's most popular leaders. The most realistic solution to the Kashmir conflict would appear to be acceptance of the current Line of Control that now divides the former princely state of Jammu and Kashmir as the northernmost international border of India and Pakistan. It is also important for Pakistan's elected leaders to control the Al-Qaeda and Taliban militants who inhabit its entire Afghan frontier, and to end the nurturing of suicide bombers bent on killing Indians, Americans, Sri Lankans, or other innocent people the world over. The people of Kashmir must be permitted to choose their own leaders in free and fair elections, as do Indians in every other state in that union, and New Delhi should solemnly commit to supporting Kashmir's provincial autonomy and the human rights of its people, as it does the autonomy and rights of the people of Punjab, Maharashtra, or West Bengal.

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INTERNATIONAL PERSPECTIVE ON KASHMIR: STABILITY OR RESOLUTION?

Dr. Sumeera Imran /Assist Prof. FCS, NDU

The international community has adopted a bystander approach, cheering from the side lines emphasizing bilateralism, while avoiding conflict resolution in Kashmir. As a rule, regional conflicts’ intensity is measured by their potency to shape great powers’ global security interests, which in turn determine their speed, frequency and rigidity of response to regional conflicts.

Viewed realistically, in an unequal power equation, territorial, ideological and ethnic conflicts serve as prime venues for great powers’ promotion of global security interests. Alternatively, regional conflicts have benefitted small powers in amassing diplomatic, military and economic support internationally. In a nutshell, the form and substance of international response to regional conflicts is shaped by the big and small powers’ convergence of security interests.

In terms of intensity and consequence, the Kashmir dispute equals the Middle Eastern conflict. Hampering economic collaboration, the dispute has resulted in poor Human Development Index (HDI) in South Asia. Serving as the global nuclear flash point, India and Pakistan nuclear credentials have complicated conflict resolution. Radicalization along ideological identities and issues of international and regional power balance have complicated the situation even more. Conventional wars, nuclear crises and India-Pakistan military standoffs, however, require a quick resolution of the conflict. Peace dividends of conflict resolution are of un-parallel significance as are the horrendous consequence of the absence of peace.

Sino-Indian stand-off in Galwan has revived world attention to the dispute in Kashmir. Indian revocation of Article 370 and Article 35-A propped up diverse responses from the international community. China condemned Indian abrogation and the US offered to mediate on Kashmir. Traditionally, the US and China global security interests have guided the Kashmir policy. Sino-US global security objectives have pinned on maintenance of the status-quo on Kashmir. The Sino-US global security objectives have shaped their Kashmir policy. Promising to resolve what he referred to as a ‘tar-pit,’ in the election campaign, President Obama actually avoided the Kashmir conflict after assuming power. Although by a sheer slip of tongue rather than a consciously crafted strategy, US president Donald Trump plunged into that ‘tar-pit,’ by offering to mediate on the cob-web of the Kashmir conflict. Unleashing a pandora box, Trump’s offer allowed Indian opposition parties’ to create uproar, accusing Modi of compromising on Indian national interests. Congress and opposition parties demanded inquiry of the offer for mediation.

A presidential ordinance before long abrogated Article 370 and 35-A and nullified Kashmir’s special status. Presidential ordinance soon became the act of parliament, given BJP’s majority in Indian Lok Sabha. The abrogation of Article 370 made Ladakh part of the Union territory, inviting Chinese fear of creating an autonomous Buddhist region adjacent to Tibet. Trump’soffer of mediation opened up a pandora box of strong opposition in Indian Lok Sabha. Resolute criticism unleashed on Modi for compromising on Indian national security objectives and territorial integrity. Reflecting the urgency and complications involved in conflict resolution, the propensity of nuclear confrontation in South Asia remains high in Kashmir. Joe Biden administration has declared no change in its historic Kashmir policy, while China has resented Indian unilateral change in the region’s status.

Great powers’ involvement in regional conflicts has been fluid, fluctuating with the change in their national security interests. Broad contours of national security objectives have shaped Sino-US Kashmir policy in the past. Great powers’ involvement has inflicted more injury than cure, exacerbating regional tensions. Great powers’ alignment along opposite poles has increased India-Pakistan bilateral hostilities on Kashmir. Sino-US insistence on Indo-Pakistan bilateral approach for conflict resolution rather than the UN framework has created the impasse on Kashmir.

US interplay of global power politics has granted a new life to the chessboard of South Asian politics. The region holds multidimensional significance for the US and China international, regional, economic, political, and geostrategic interests. Within this context, Sino-Indian border skirmishes in the Himalayan border, involving Beijing’s alleged occupation of territory in Galwan has revived international focus on the conflict in Kashmir. How has the international community viewed the conflict? What isthe latest transformation in the conflict? What are the prospects for its resolution?

The problem of Kashmir is acute: it has involved a complexity of its own. It’s a multidimensional conflict involving repercussions for regional and global peace. Kashmir happens to be a contested Asian region between threenuclear powers of India, China and Pakistan. The dispute has linked to the larger question of war and peace, dominating security concerns of South Asia for more than 70 years. The problem has fuelled weapons and nuclear proliferation in and around South Asia, holding repercussions for global and regional peace.

India- Pakistan wars and several crises have added to the complexity of the conflict. Regional contestants’resolve with respect to their claims and resilient positions make resolution a formidable task in case of the Kashmir conflict.

To understand the international perspective, we need to understand a few ground realities, in the backdrop of which the international community has viewed the conflict.

First, relates to the fact that it’s a ‘dispute left over from history’ and hence

represents the incomplete agenda of partition. On Pakistan’s side, its inclusion in Pakistan will symbolise the completion of the Two Nation Theory. Muslims outside Pakistan’s boundary may reflect an incomplete materialisation of the idea of Pakistan. On India’s part, inclusion of Kashmir reflects the success story of India’s secular identity. Kashmir, therefore, has become a part of the two state’s respective national identities.
Kashmir plays a pivotal role in India and Pakistan’s political identities —an integral part of the two states’ domestic politics. Political parties have tended to make electoral gains on the Kashmir dispute’s living legacy.
Kashmir has acquired an immense military dimension . The dispute has reflected on India-Pakistan’s military might and strengthen ofthe two states’ armies.
Three states have held rivals claims on Kashmir’s geographical boundary. Two of them have controversial relations against the third. China holds substantial territory (in Ladakh) claimed by India. India holds claims on regions historically subordinated to the rulers of Kashmir, controlled by Pakistan.
Finally, the contemporary dimension involves the stirrings of a national self-determination movement since 1989. The young generations have tend to ASPIRE LIBERATION encashing on direct linkage of Central Asia as a self-sustaining tourist destination.

Current Scenario:

India annulled Article 370 and 35Aon August 5, 2019, which granted the state a special statussince 1949, authorized by India’s Constituent Assembly. The Articleformalized the state’s terms of accession to the Indian Union, requiring state assembly’s prior approval for administrative changes. A Presidential Orderempoweredthe state government to regulate the rights of permanent residence, prohibiting non-residents from owning properties in Jammu & Kashmir.

The BJP had long aspired to repeal Article 370 on the pretext of promoting national integration and greater control. Making repulsion part of its electoral plank, the BJP vowed to bring in economic development and greater administrative control.

Imposition of direct presidential rulehad paved the way for constitutional changes inAugust 2019. Failure ofBJP-People’s Democratic Party coalition resulted in imposition of direct federal rule in 2018. Differences had developed on the use of force in addressingsecurity situation in Kashmir. Following the rift, direct presidential rule was imposed dismissingstate assembly rule.Indian government exploited absence of the state assembly to annul Article 370. ‘Special status’ had long been hollowed out; the state of J&K suffered from inferior status amounting to constitutional abuse. For long, the state assembly in actual practice had become pliant to New Delhi’s influence.What’s the transformation now?

India has bifurcated the state into two ‘Union Territories:’a) Jammu and Kashmir Union Territory (UT) that will have its legislative assembly b) Union Territory of Ladakhthat will have no state assembly and will be controlled directly from New Delhi.

Indian move has limited the administrative powers of both the Union Territories.The federal government has repealed 150 laws made by the former state assembly that included prohibitions on leasing land to non-residents. The government restricts state assembly to make new laws on policing or public order, ceding all security affairs to central control.Governors,controlling all administrative districts will report directly to India’s Home Ministry.Provisions of Indian Penal Code have become applicable including numerous new federal laws.

India has altered the status quo of a disputed territoryrecognized so under the UN.Indian move has sparked controversy internationally. How has the international community responded to Indian actions?

The United Nations (UN) Secretary General, Antonio Gottereus stated that Kashmir will be addressed in line with the UN Charter and UN Security Council (UNSC) resolutions. Lately, he offered services to meditate on Kashmir and urged India to resolve the matter as per UNSC resolutions.

China’s Policy Stance:

China’s Stance on Kashmir has been interpreted at various levels.

At one level: China has adopted a formal declared position on Kashmir, interpreting the dispute as ‘an unfinished agenda left over from history.’

At another level: China has also demonstrated ‘security support’ during periods of Pakistan’s confrontation with India on Kashmir. Beijing has provided steady and substantial support for development of Pakistan’s military-industrial capabilities.

China has emphasized adoption of the bilateral approach for dispute resolution on Kashmir. China’s latent interests, however, have aspired substantive dispute resolution along the present LoC.The dispute has served Chinadiplomatic leverage vis a vis Washington and New Delhi.

China and Russia both emphasized to settle the dispute in accordance with the UN Charter and Security Council resolutions on Kashmir. Russia has referred to the UN resolutions on Kashmir for the first time. France termed it India’s internal affair. Macron’s political support for India garbbed defence deals and military purchases. EU, UK, and Japan adopted lukewarm approach on Kashmir.

US Policy Stance:

America’s Kashmir policy has, however, marked no change in the aftermath of Indian abrogation of Article 370. The State Department declares no change in America’s Kashmir policy as it considers both Jammu and Kashmir a territory disputed between India and Pakistan.The US urged Indian government to restore normalcy, comply with legal procedures and show respect for individual rights, and hold direct talks to resolve the dispute.

The Biden administration remains cognizant of Pakistan’s sensitivities on Kashmir. For the first time,US officials have discussed the Kashmir problem in speeches and informal addresses. In a way, the US offer to mediate on Kashmirhastened abrogation of Article 370. Trump offer to mediate led to Indian opposition’s uproar in the parliament. Many Indian observers began to question the wisdom of Modi’s confidence in the US as a partner, which led to Modi’s hasty decision to abrogate Article 370.Modi – Trump meeting along the side-lines of G7 summit quelled the US offer, when Trump declared Kashmir to be settled bilaterally. However, Trump administration’s mild criticism further emboldenedhuman rights violations in Kashmir.

US sporadic attempts to intercede in Kashmir involve a short-lived mediation effort by the US and Britain included six rounds of talks in 1961 and 1962. India indicated that it would not relinquish control of the Kashmir Valley. US President Bill Clinton’s diplomatic engagementaverted a potential nuclear exchange in 1999. After 2001, Kashmir began to be linked with Afghanistan that conflict’s resolution will improve the US prospects of success in Afghanistan. US presidentsbecame avert to interlink peace in Afghanistan withthe US policy on Kashmir.

Biden administration’s South and Central Asia policy indicatesno change of policy stance on Kashmir. The new policy shows shift from Pakistan and Afghanistan focusing on China, with greater reliance on New Delhi. The US has sought India to help counter China’s growing influence in South and Central Asia. With respect to India-China dispute, the State Department has assured New Delhi that it closely monitors India-China border situation, andthat it tabs Beijing’s ‘attempts to intimidate its neighbours.

However, in a regional parityPakistan remains an ‘essential partner’ for any peace process in Afghanistan.’ Yet the US difference in approach towards South Asian rivals is evident. Biden telephoned Modi on assuming office; Antony Blinken, the new US Secretary of State called his counterpart Shah Mehmood Qureshi reiterating US desire to strengthen ties with Pakistan. Biden administration has expressed the desire to rebuild relations and start a more productive partnership. As highlighted by the new US Defence Secretary Gen. Lloyd J. Austin, the US interests have pinned on three issues:

US-Pakistan cooperation in the Afghan peace process,

Pakistan’s support for regional stability,

US-Pakistan potential to expand trade and commercial ties.

The US interest prevails on maintenance of stability in India-Pakistan relations –an interest Washington holds in common with China in the region. ’US-India strategic partnership has bipartisan approval and support from the Congress.The US has assured India of support for ‘friends and allies’ in the region. Indo-US bilateral trade, Indian market potential and Indian diaspora in the US are significant stimuli to bolster India-US relations. Global terrorism, defence of democracy counter global terrorism drive are the US priority considerations in forging alliance partnership with India.

Although it can be argued that human rights will receive a lesser priority in the Biden administration.robust and largely uncritical support for India may be eroding. Democratic lawmakers, in particular, have been angered by India’s domestic policies.Indian Parliament’s passage of Citizenship Amendment Act (CAA) has added a religious dimension to the state’s naturalization process, triggering widespread violent public protests.House Democrats have started to questionIndia’s commitment to shared human rights values, bearing ominous signs of India increasingly becoming a partisan issue in the US foreign policy consensus.

What are Pakistan’s expectations from the US on Kashmir?

Biden administration must urge India to stopsystematic human rights violations in Kashmir.
itpressurize India to help resolve the dispute in a peaceful manner in accordance with UNSC resolutions.

India has demurred from mediation on Kashmir for three reasons:

(1) It holds suspicions about the motives of western powers and the international organizations under their influence;

(2) India believes that its image as a regional leader isin no need of assistance;

(3) India fears that mediation will empower the weaker and revisionist party to benefit.

4) India overruled prospects for third-party mediation on the pretext of bilateralism of the Shimla Agreement. In the agreement India and Pakistan “resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed.”The 1999 Lahore Declaration had reaffirmed the bilateral nature of the issue. Since 1972, India has generally shunned third-party involvement on Kashmir, while Pakistan has continued efforts to internationalize the dispute.

For years, Kashmir has not really been on the international agenda, as long as it appeared to be confined to the distant Himalayas, and not prone to drift into an open war between Pakistan and India. For India, the less the international community was talking about Kashmir, the better. Pakistan tried repeatedly to internationalize the issue.

India won this war for several reasons: the Kashmiri independence movement never found a charismatic leader. Second, India’s thesis about self-determination was found acceptable by many states. Most have remained unwilling to evaluate the merits of a plebiscite in Kashmir. –more eager to accept India’s view that self-determination was legitimate against colonial rule and not a proper recourse against independent nation states of multicultural origin. China was directly concerned because of Tibet and Xinjiang: Russia because of Checnya etc. Other powers favored the status quo in order to avoid the possibility that the pandora box of self determination will open an era of trouble far away from Kashmir. For all of them East Timor was an exception rather than a rule.

Nuclearisation drew the attention of the international community to the dispute on Kashmir. It brought the intense history of Indo-Pak relations and the low intensity war on Kashmir under a different light. How would the nuclear thresholds will be defined at the operational level has turned Kashmir into a nuclear flash point—the world’s most dangerous zone.

9/1, added to the complexity of the Kashmir problem. New Delhi has urged no double standards on terrorism can be accepted. Jihadhisare to be eliminated both in Afghanistan and Kashmir. Indian diplomacy has drawn international attention to terrorism in Kashmir without wanting the international community to pay attention to the cause itself. Islamabad has resorted that Indiafalsify labelling a genuine freedom struggle as terrorism in Kashmir.

Thus, the international response has under the new circumstances become much more fraught with risk than before: the old paradigm appears to prevail. The international community at large and the US in particular are not concerned with the Kashmir issue per se, or the fate of the Kashmiris. They are concerned with the risk of war—conventional or nuclear. With India, China and Pakistan eye ball to eyeball, any move towards dialogue would be encouraged without promoting any specific solution. For the international community, Kashmir appears as a trouble spot in a sensitive location which has to be quietened down if not fully resolved.

Kashmir Issue – Understand the multiple dimensions

Last updated on March 14, 2024 by Alex Andrews George

Table of Contents

Was Kashmir an independent nation? Learn the history of Kashmir

Kashmir, and adjacent areas like Gilgit, Jammu, and Ladakh – were part of the different empires at different times. Over the years, this area was under the control of Hindu rulers, Muslim emperors, Sikhs, Afghans, and Britishers.

During the period before AD 1000, Kashmir was an important center of Buddhism and Hinduism. Many dynasties like Gonanditya, Karkota, and Lohara ruled Kashmir and surrounding areas of North-western India.

The Hindu dynasty rule which extended until 1339 was replaced by the Muslim rule by Shah Mir who became the first Muslim ruler of Kashmir, inaugurating the Shah Mir dynasty . A few centuries later, the last independent ruler Yusuf Shah Chak was deposed by the Mugul emperor Akbar the Great.

Akbar conquered Kashmir in 1587, making it part of the Mughal Empire . Subsequently, the Mughal ruler Aurangzeb expanded the empire further.

Thus, it can be seen that under the Mughal rule, which extended nearly all of the Indian subcontinent, Kashmir was an integral part of India – however, not an independent nation .

Kashmir Region – After the Mughals

Kashmir Question - What are the issues in Jammu and Kashmir

Aurangzeb’s successors were weak rulers. Later Mughals failed to retain Kashmir. After Mughal rule , it passed to Afghan, Sikh, and Dogra rule.

In 1752, Kashmir was seized by the Afghan ruler Ahmed Shah Abdali. The Afghan Durrani Empire ruled Kasmir from the 1750s until 1819 when Sikhs , under Ranjit Singh, annexed Kashmir and ended the Muslim rule.

By the early 19th century, Sikhs under Maharaja Renjith Singh took control of Kashmir. He had earlier annexed Jammu. The Sikhs ruled Kashmir until they were defeated by the British (First Anglo-Sikh War) in 1846.

After that Kashmir became a princely state of the British Empire – under the Dogra Dynasty.

Jammu and Kashmir – as a princely state of the British Empire

Maharaja Gulab Singh of the Dogra Dynasty signed the ‘Treaty of Amritsar’ with the British East India Company in 1846. Under this treaty, he paid Rs. 75 lakhs to the East India Company in 1846 in exchange for Kashmir and some other areas. Jammu and Kashmir as a single entity was unified and founded (1846).

Zorawar Singh, a General in the Dogra Anny later led many campaigns in the northern areas like Ladakh, Baltistan, Gilgit, Hunza, and Yagistan, consolidating smaller principalities. He expanded the dominions of Maharaja Gulab Singh.

However, Jammu and Kashmir, from 1846 until 1947, remained a princely state ruled by the Jamwal Rajput Dogra Dynasty. Like all other princely states in India then, Kashmir too enjoyed only partial autonomy, as the real control was with the British.

The ruler’s stand (at the time of Partition)

During the time of partition of British India (1947), Jammu and Kashmir (J&K) was a Princely State. Britishers had given all princely states a choice – either to join India to join Pakistan or even to remain independent.

The ruler of Kashmir during that time (1947) was Maharaja Hari Singh, the great-grandson of Maharaja Gulab Singh. He was a Hindu who ruled over a majority-Muslim princely state.

He did not want to merge with India or Pakistan.

Hari Singh tried to negotiate with India and Pakistan to have an independent status for his state. He offered a proposal of a Standstill Agreement to both the Dominion, pending a final decision on the State’s accession. On August 12, 1947, the Prime Minister of Jammu and Kashmir sent identical communications to the Governments of India and Pakistan.

Pakistan accepted the offer and sent a communication to J&K Prime Minister on August 15, 1947. It read, “The Government of Pakistan agrees to have Standstill Agreement with Jammu and Kashmir for the continuation of existing arrangements …”

India advised the Maharaja to send his authorized representative to Delhi for further discussion on the offer.

What were the Kashmiri people’s aspirations in 1947?

Kashmiri people took part extensively in the Indian Nationalist Movement. They not only wanted to get rid of British rule but also never wanted to be under the rule of the Dogra dynasty once the nationalist movement achieved its mission. The Kashmiris had preferred democracy to monarchy.

Jammu and Kashmir was always a secular state – with a history of Hindu, Muslim, and Sikh rule. Even though the majority population was Muslims, it then had a significant Hindu population as well.

India in 1947 had suggested conducting a plebiscite to know the aspirations of Kashmiri people. With tall leaders of Jammu and Kashmir like Sheik Abdullah on its side, cherishing the common values – secularism, democracy, and pan-India nationalism – India was confident to win the Plebiscite if it was held in 1947.

India’s stand with Junagadh, another princely state, was also to conduct a plebiscite. In 1947, upon the independence and partition of India, the last Muslim ruler of the Junagadh state, Muhammad Mahabat Khanji III, decided to merge Junagadh into the newly formed Pakistan. The majority of the population were Hindus. The conflict led to many revolts and also a plebiscite, resulting in the integration of Junagadh into India.

However, the Pakistan attack on Kashmir in October 1947 changed all dynamics. The exact aspirations of Kashmiri People at that time is still unknown – as a plebiscite or referendum was never held.

The Pakistan Invasion of Kashmir in 1947

Pakistan, though entered into a Standstill Agreement with Jammu and Kashmir, had an eye on it. It broke the Standstill Agreement by sponsoring a tribal militant attack in Kashmir in October 1947.

Pashtun raiders from Pakistan invaded Kashmir in October 1947 and took control over a large area. Hari Singh appealed to the Governor General of free India, Lord Mountbatten for assistance.

India assured help on the condition Hari Singh should sign the Instrument of Accession. Maharaja Hari Singh signed the instrument of accession with India (1947). It was also agreed that once the situation normalized, the views of the people of J&K will be ascertained about their future.

Jammu and Kashmir signs the Instrument of Accession with India

The Maharaja Hari Singh signed the Instrument of Accession to India on 26 October 1947 in Srinagar.

As soon as the accession documents were signed, the Indian Armed Force took over the stage to repulse Pakistan-supported tribal assault.

Indian and Pakistani forces thus fought their first war over Kashmir in 1947-48.

India successfully drove out most of the Pak-supported tribal militants from Kashmir occupation. However, one part of the State came under Pakistani control. India claims that this area is under illegal occupation. Pakistan describes this area as ‘ Azad Kashmir ’. India however, does not recognize this term. India uses the term Pak-occupied Kashmir (PoK) for the area of Kashmir under the control of Pakistan.

India brings the United Nations (UN) into the picture

India referred the dispute to the United Nations Security Council on 1 January 1948. 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 UN Resolution was non-binding on India and Pakistan. However, this is what the UN resolution mentioned:

UN Resolution on Jammu and Kashmir

The UN resolutions clearly said :

Pakistan is the aggressor in the state.
Pakistan has to vacate all occupied territory in the state and hand over the vacated territory to India.
India has to remove all its forces leaving aside enough to maintain law and order.
India to conduct a plebiscite in the state.

Why has no Plebiscite or Referendum been held in Kashmir yet?

The state of Jammu and Kashmir is defined as it existed on or before the invasion of Pakistan on 22nd October 1947. This includes the present territory of Pak-occupied Kashmir (POK), Gilgit, Baltistan, Jammu, Laddhak, and Kashmir Valley.
Pakistan asked for time to vacate its occupation but it never complied.
As nearly one-third of the state of Jammu and Kashmir is still under the occupation of Pakistan, it is a non-compliance of conditions leading to the plebiscite.

Sheikh Abdullah’s movement – Formal incorporation of Kashmir into the Indian Union

Kashmir’s first political party, the Muslim Conference, was formed in 1925, with Sheikh Abdullah as president. Later, in 1938, it was renamed as National Conference . The National Conference was a secular organization and had a long association with Congress. Sheikh Abdullah was a personal friend of some of the leading nationalist leaders including Nehru.

National Conference started a popular movement to get rid of the Maharaja. Sheikh Abdullah was the leader.

After Maharaja Hari Singh signed an ‘Instrument of Accession’ with the Government of India, Sheikh Abdullah took over as the Prime Minister of the State of J&K (the head of the government in the State was then called Prime Minister) in March 1948.

Sheikh Abdullah was against Jammu and Kashmir joining Pakistan. However, he took a pro-referendum stance and delayed the formal accession to India. The pro-Indian authorities dismissed the state government and arrested Prime Minister Sheikh Abdullah.

The new Jammu and Kashmir government ratified the accession to India. In 1957, Kashmir was formally incorporated into the Indian Union.

Kashmir Issue – External Disputes

Externally, ever since 1947, Kashmir remained a major issue of conflict between India and Pakistan (and between India and China to a minor extent).

Pakistan has always claimed that the Kashmir valley should be part of Pakistan. The conflict resulted in 3 main wars between India and Pakistan – 1947, 1965, and 1971. A war-like situation erupted in 1998 as well (Kargil war).

Pakistan was not only the illegal occupant of the Kashmir region. China too started claiming parts of the princely state of Jammu and Kashmir.

By the 1950s, China started to gradually occupy the eastern Kashmir (Aksai Chin) . In 1962, India fought a war with China over its encroachments, however, China defeated India. To make matters worse, Pakistan ceded the Trans-Karakoram Tract of Kashmir (Saksham Valley) to China.

Kashmir Issue – Internal Disputes

Internally, there is a dispute about the status of Kashmir within the Indian Union.

Kashmir was given autonomy and a special status by Article 370 of the Indian Constitution . Articles like 370, 371, 35A , etc are connected with privileges given to Jammu and Kashmir.

What is the special status given to Jammu and Kashmir?

Article 370 gives greater autonomy to Jammu and Kashmir compared to the other States of India.
The State has its own Constitution.
All provisions of the Indian Constitution do not apply to the State.
Laws passed by the Parliament apply to J&K only if the State agrees.
Non-Kashmiri Indians cannot buy property in Kashmir.

This special status has provoked two opposite reactions.

A section feels that Article 370 is not needed!

There is a section of people outside of J&K that believes that the special status of the State conferred by Article 370 does not allow full integration of the State with India. This section feels that Article 370 should, therefore, be revoked and J&K should be like any other State in India.

Another section feels that Article 370 is not enough!

Another section, mostly Kashmiris, believes that the autonomy conferred by Article 370 is not enough.

Major Grievances of Kashmiris:

Kashmiris have expressed at least three major grievances.

First, the promise that Accession would be referred to the people of the State after the situation created by tribal invasion was normalized, has not been fulfilled. They demand a ‘Plebiscite’ at the earliest.
Secondly, there is a feeling that the special federal status guaranteed by Article 370, has been eroded in practice. This has led to the demand for restoration of autonomy or ‘Greater State Autonomy’.
Thirdly, it is felt that democracy which is practised in the rest of India has not been similarly institutionalised in the State of Jammu and Kashmir.

Politics since 1948 – Conflict between the Kashmir State Government and the Central Government of India

After taking over as the Prime Minister, Sheikh Abdullah initiated major land reforms and other policies that benefited ordinary people. But there was a growing difference between him and the central government about his position on Kashmir’s status. He was dismissed in 1953 and kept in detention for several years.

The leadership that succeeded him did not enjoy as much popular support and was able to rule the State mainly due to the support of the Centre. There were serious allegations of malpractices and rigging in various elections.

During most of the period between 1953 and 1974, the Congress party exercised a lot of influence on the politics of the State. A truncated National Conference (minus Sheikh Abdullah) remained in power with the active support of Congress for some time but later it merged with the Congress.

Thus Congress gained direct control over the government in the State.

In the meanwhile, there were several attempts to reach an agreement between Sheikh Abdullah and the Government of India.

Finally, in 1974 Indira Gandhi reached an agreement with Sheikh Abdullah and he became the Chief Minister of the State.

The Revival of National Conference (1977)

He revived the National Conference which was elected with a majority in the assembly elections held in 1977.

Sheikh Abdullah died in 1982 and the leadership of the National Conference went to his son, Farooq Abdullah, who became the Chief Minister.

But he was soon dismissed by the Governor and a breakaway faction of the National Conference came to power for a brief period.

The dismissal of Farooq Abdullah’s government due to the intervention of the Centre generated a feeling of resentment in Kashmir. The confidence that Kashmiris had developed in the democratic processes after the accord between Indira Gandhi and Sheikh Abdullah, received a setback.

The feeling that the Centre was intervening in the politics of the State was further strengthened when the National Conference in 1986 agreed to have an electoral alliance with the Congress, the ruling party in the Centre.

1987 Assembly Elections, Political Crisis, and Insurgency

It was in this environment that the 1987 Assembly election took place. The official results showed a massive victory for the National Conference-Congress alliance and Farooq Abdullah returned as Chief Minister.

However, it was widely believed that the results did not reflect the popular choice and that the entire election process was rigged.

A popular resentment had already been brewing in the State against the inefficient administration since the early 1980s. This was now augmented by the commonly prevailing feeling that democratic processes were being undermined at the behest of the Centre. This generated a political crisis in Kashmir which became severe with the rise of the insurgency.

By 1989, the State had come into the grip of a militant movement mobilized around the cause of a separate Kashmiri nation.

The insurgents got moral, material, and military support from Pakistan. The balance of influence had decisively tilted in Pakistan’s favor by the late 1980s, with people’s sympathy no longer with the Indian Union as it had been in 1947-48, 1965 or 1971.

The terrorists and militants drove out almost all the Hindus from the Kashmir valley, ensuring that a future plebiscite (if it happens) would be meaningless.

India imposed the Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir in 1990.

For several years, the State was under President’s rule and effectively under the control of the armed forces . Throughout the period from 1990, Jammu and Kashmir experienced violence at the hands of the insurgents and through army action.

1990 and Beyond – Growing Trust Deficit

After 1987, the pro-India sentiments of Kashmiri people tilted heavily towards Kashmiri Separatism. Pakistan, of course, added fuel to the fire – by giving moral and financial support to terrorists, militants, and insurgents. As a result, Kashmir frequently witnessed violence, curfew, stone-pelting, and firing between the troops of India and Pakistan across the Line of Control (LoC).

Thousands of soldiers, civilians, and militants have been killed in the uprising and the Indian crackdown since 1989.

Even though state elections were conducted, Kashmir did not return to normalcy before 1987 .

Assembly elections in the State were held only in 1996 in which the National Conference led by Farooq Abdullah came to power with a demand for regional autonomy for Jammu and Kashmir.

J&K experienced a very fair election in 2002. The National Conference failed to win a majority and was replaced by the People’s Democratic Party (PDP) and Congress coalition government.

In 2015, India’s ruling BJP party was sworn into government in Indian-administered Kashmir for the first time in coalition with the local People’s Democratic Party, with the latter’s Mufti Mohammad Sayeed as chief minister (followed by Mehbooba Mufti because of the death of her father and party founder). However, this coalition didn’t last for long.

Even though the Government of India is taking many steps to stop the insurgency and bring Kashmir back to normalcy, terrorist attacks like that in Pulwama have seriously hindered the peace process.

The Current Stand of India – Regarding the Kashmir Question

No more mediation with the UN or any other other third parties.
India and Pakistan should resolve issues through bilateral talks as agreed by the Simla Agreement.
No Plebiscite in Kashmir unless Pakistan reverses the situation back to what was in 1947 (territory and demographics).

Who are the Kashmir Separatists?

All Parties Hurriyat Conference
Jammu Kashmir Liberation Front
Harkat-ul-Jihad al-Islami
Lashkar-e-Taiba
Jaish-e-Mohammed
Hizbul Mujahideen
Harkat-ul-Mujahideen
Ansar Ghazwat-ul-Hind Flag.png Ansar Ghazwat-ul-Hind (Since 2017)

What do Separatists demand?

Separatist politics which surfaced in Kashmir from 1989 has taken different forms and is made up of various strands.

There is one strand of separatists who want a separate Kashmiri nation, independent of India and Pakistan.
Then some groups want Kashmir to merge with Pakistan.
Besides these, there is a third strand which wants greater autonomy for the people of the state within the Indian union .

Demand for intra-state autonomy

Even though the name of the state is Jammu and Kashmir (J&K), it comprises three social and political regions: Jammu, Kashmir, and Ladakh.

Jammu – The Jammu region is a mix of foothills and plains, of Hindus, Muslims, and Sikhs and speakers of various languages.
Kashmir – Kashmir Valley is the heart of the Kashmir region. The people are Kashmiri-speaking and are mostly Muslims. There is also a small Kashmiri-speaking Hindu minority.
Ladakh – The Ladakh region is mountainous, and has a very small population which is equally divided between Buddhists and Muslims. Ladakh is divided into two main regions – Leh and Kargil.

It should also be noted that out of the 3 main administrative divisions – Jammu, Kashmir, and Ladakh – insurgency and demand for independence is high only in the Kashmir Valley. Most of the people in Jammu and Ladakh still wish to be part of India, even though they demand autonomy differently. They often complain of neglect and backwardness. The demand for intra-state autonomy is as strong as the demand for State autonomy in the regions of Jammu and Ladakh.

Article 370: Changes made via Presidential order of 2019

On 5 August 2019, Home Minister Amit Shah announced in the Rajya Sabha (upper house of the Indian Parliament) that the President of India had issued The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) under Article 370, superseding the Constitution (Application to Jammu and Kashmir) Order, 1954.

The order stated that all the provisions of the Indian Constitution applied to Jammu and Kashmir.

While the 1954 order specified that only some articles of the Indian constitution to apply to the state, the new order removed all such restrictions.

This in effect meant that the separate Constitution of Jammu and Kashmir stood abrogated.

The President issued the order with the “concurrence of the Government of State of Jammu and Kashmir”, which meant the Governor appointed by the Union government.

Change of status: Jammu and Kashmir Reorganisation Act, 2019

After the Government of India repealed the special status accorded to Jammu and Kashmir under Article 370 of the Indian constitution in 2019, the Parliament of India passed the Jammu and Kashmir Reorganisation Act, which contained provisions that dissolved the state and reorganized it into two union territories – Jammu and Kashmir in the west and Ladakh in the east.

The two union territories came into existence on 31 October 2019, which was celebrated as National Unity Day.

The union territory of Jammu and Kashmir was proposed to have a legislature under the bill whereas the union territory of Ladakh is proposed to not have one.

Urge for Peace

The initial period of popular support for militancy has now given way to the urge for peace.

The Centre has started negotiations with various separatist groups. Instead of demanding a separate nation, most of the separatists in the dialogue are trying to re-negotiate a relationship of the State with India.

The Kashmir issue – has multiple dimensions – external and internal; inter-state as well as intra-state. Not even the separatists are on the same ground – their demands are different.

The princely state of Jammu and Kashmir which was under the control of British India – is now not entirely with India. Pakistan and China too now occupy a significant portion of the territories of the erstwhile princely state.

Of course, the Kashmir problem also includes the issue of Kashmiri identity known as Kashmiriyat. However, almost every state in India has its own identity – Tamil Nadu, Karnataka, West Bengal, or Kerala. However, the people in each of these states even when seeing themselves as Tamilians, Kannadagans, Bengalis or Malayalis are also able to see the bigger picture – they identify themselves as Indians.

Jammu and Kashmir is one of the living examples of plural society and politics. Not only are there diversities of all kinds (religious, cultural, linguistic, ethnic, tribal) but there are also divergent political aspirations.

Unfortunately, from the perspective of the youth of Kashmir, there is a growing trust deficit. It’s a hard reality that Jammu and Kashmir never functioned like other Indian states since its accession to India. It had given higher autonomy initially, however, it got eroded in practice.

The first step to solving the Kashmir issue is to identify the problems behind the alienation of Kashmir. Here are some of them:

Mishandling of the Kashmir Issue by the successive Central governments of India – which includes frequent dismissal of State Assemblies.
The state governments of Kashmir failed to distribute the benefits of growth and development to every area of Kashmir.
The terrorist and military outfits in Pakistan have been distancing the youth of Kashmir from the democratic form of the Indian government.
The regular presence of the Indian Armed Force or CAPF in the Kashmir interiors, and the misuse of provisions like ASFPA.

To find a solution to the Kashmir issue – all stakeholders should be considered.

What is the need of the hour is proper integration of Kashmir, Jammu, and Ladakh with India. Integration should not be seen in a limited dimension of territory. India should be able to win the hearts of the people of Kashmir.

Only time can tell about the success of the changes made concerning the provisions of Article 370.

Kashmir was and still is an integral part of India. It has a plural and secular culture – just like the rest of India. Urgent steps should be taken to bridge the gaps of trust deficit in the minds of Kashmiri youth. All Kashmiris should get the due share in the growth story of India. Like all other states in India, there should be adequate political autonomy in Jammu and Kashmir.

Violence, terrorism, and killings are never the answer – be it on any side. What do you think?

Read: Ladakh statehood

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Alex Andrews George is a mentor, author, and social entrepreneur. Alex is the founder of ClearIAS and one of the expert Civil Service Exam Trainers in India.

He is the author of many best-seller books like 'Important Judgments that transformed India' and 'Important Acts that transformed India'.

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Reader Interactions

March 6, 2019 at 6:50 pm

The separatist themselves don’t want this situation to have a positive outcome as it will subsequently deteriorate/hamper their “political” stance which they’ve nurtured since a long time.

February 11, 2023 at 7:29 pm

I never seen a article like this…its amazing date wise i m from Kashmir i nvr understand Kashmir isssue , Kashmir history from beginning…but today i understand full 🌝 thanks to the author of this article 😊

March 6, 2019 at 7:30 pm

As long as radical brainwashed of youth continues…nothing can be done, first shut down all those radical institutions & then bring education that teaches about secularism & India’s beauty & achievements!

March 6, 2019 at 7:43 pm

kashmiri youth mind are washed out by these separatist…and some militant group ..work opportunity should be given to the youths of kashmir alike other states of india ….Empty mind see only a way to destruction…..

March 6, 2019 at 11:58 pm

The real situation of J&K can be assessed only by hearing the voices of the common people, the constitutional arrangements like Article 370, Article 35A & IoA must be respected to keep the relationship intact.

March 18, 2019 at 11:34 pm

Common people with normal situation ab toh majority Muslim log ka hi hai…. pehle un hinduwo ko bulo jinko waha se bhga diya gya …tb na brabar ka faisla hoga

March 7, 2019 at 9:52 am

there is another angle to look into this dispute and that is religion. religion play a major role in building and developing the behaviour of the society.

March 7, 2019 at 10:31 am

Yes, I do agree that wars, disputes, killing will no longer be a way to provide an efficient solution to Kashmir issue.

March 8, 2019 at 12:21 pm

wonderful article….!! what i believe is ..us Indians should stand together for Kashmir… and make people of Kashmir know that though we are 1000’s of kilometers away we still stand for them will be their strength…Apart from all the political drama they should know that a simple spark in kashmir will cause a wildfire in kanyakumari.. The role of govt here is the root cause of all the issues if u ask me .. what were you doing while the kidnapper lure the kid with the candy …? now indian govt should respect the kashmiri’s give them the hope and gain trust.. a lot of bloodshed ,mutilated bodies , power abuse , women abuse … give them hope …show them we love them .. youth from other states understand the kashmiris show them the support.. show them why they should be a part of india …

March 8, 2019 at 5:20 pm

For the violence to stop in Kashmir and preventing this problem to further aggravate development plans, projects should be well reached in the state so that the youth is engaged in something productive rather than destructive work. First of all, the politicisation of the State situation should be avoided.

March 13, 2019 at 11:31 pm

This is not the solution of problem,but give the right of people.As it is mentioned is article that Kashmir was a princely state,it has right to what they want,the Kashmir dispute has only one solution come India and Pakistan forward and give rights to Jammu and Kashmir people what they want,and destroy this illegal occupied.

March 14, 2019 at 2:54 pm

Further plubicite may useful for kashmiris yo choose their will…

March 27, 2019 at 7:14 pm

Your assumption of Kashmir being an integral part of India because the it was a part of The Mughal Empire is akin to the assumption that India is an integral part of Great Britain because it was a British colony once. That is ridiculous! The problem would not be solved till India accepts the fact that Kashmir is not an integral part of India. You cannot blame Pakistan for it then because Pakistan was as much ‘India’ once as new India is. So morally, historically, Politically and logically, by your argument, Pakistan is nowhere wrong to claim Kashmir for itself!

April 7, 2019 at 6:48 pm

but chirag The Government of Pakistan agrees to have Standstill Agreement with Jammu and Kashmir but india didn’t. So, Pakistan is wrong as it was a the first one who attack….in 1947 october after that indian government helps J&K and our military took over the charge.

April 7, 2019 at 9:33 pm

state politician are taking due benefit of the prevailing situation in jammu kashmir. They are making their vote bank at the cost of common public. Center should make efforts to ground level development through job creation employment generation education and overall development of state. mare education is not solution even the highly educated students after getting no source of income has diverted their route which mislead the other growing youth. Stone pelting is source of income for some public because they are paid for this for which politicians and other extremists are responsible as they bargain with center for normalcy of situation.

July 10, 2019 at 10:56 am

all is messed up because of british government gave 3 choice instead of two

August 2, 2019 at 2:47 am

Very good article, Alex! 🙂

August 9, 2019 at 8:30 pm

The only thing matters is that J&K belongs to India, anyone can claim it but won’t get even a stone of it. (At least till the plebiscite is done with all the Kashmiris taking part including the one who had left or removed from Kashmir). They do deserve to take their own decision with all due respect but including all the Hindus, Muslims, Sikhs and Buddhists.

August 14, 2019 at 6:31 pm

This is the best article I have ever read……!!! Really helpful in making a notes on Kashmir…..Thankyou very much…..!!!!!!

August 19, 2019 at 6:42 pm

Now the minds of kashmir people have been washed with the continuous presence of separatists and the Pak sponsored terrorism. No more plebiscites are needed to be given to these people. Indian government and the constitution is supreme. They have revoked 370 to bring the J & K into mainstream for all round development of J&K and its people. Pak does not have any right to interfere in our affairs, since its accession to India.

January 24, 2020 at 9:12 pm

Really good notes, grateful thanks to clearias team

February 9, 2020 at 6:21 pm

If Indian government wanted to integrated Kashmir into Indian Union, they should behave like human towards Kashmiri people who suffered from torture, disappearance, rapped by Indian Army from decades. Even Kashmiri youth experience torture, mob lynching by rest of indian people and although India wanted to integrate land of Kashmir not the people.

March 30, 2020 at 12:07 am

Can I download all of this in pdf format?

April 22, 2020 at 9:16 pm

Thank you sir

May 21, 2020 at 1:25 pm

It’s a very good article and has explained the J&K issue as easily as possible yet maintained the details. My look over the recent amendments on the J&K issue has changed, and it looks like a step that will work for the people in the long run (however not in the short term).

September 14, 2020 at 12:23 pm

Now come to know more about J & K issue… Contents of several book in one article.. Separatists,militants,terrorists, defunct politicians should be treated hard with central / State agencies … Hope for peace not only in valley… But in all parts including jammu,Kashmir & Ladakh……

October 27, 2020 at 12:44 am

I have a simple question. Even if both Pakistan and India want and agree on something. Should that be the solution, or should it be what the people want. To me, whether you like it or not, its the right of the Kashmiris to decide what they want for their future. Give them that right, thats the only fair solution.

And if you are not bothered by what is fair then the alternative is to go with the powerful and war is the way to find who is stronger.

March 21, 2022 at 3:38 pm

This Article is Baseless and Far From Ground Reality of Our Kashmir Nation , Kashmir Is not a integral or Vein of Any Nation wether is India or Pakistan , Kashmir Is Independent Before Birth of India or Pakistan.. Due to Continues occupation by Non Kashmirs Wehter is Muslim or Non Muslims , We Kashmirs Fight against the Occupation From years, still we are under Occupation joinlty by India paksitain and China ,, We Kashmirs are Peaceful Community between three Nation , we Lost more then 1 lakh we are wintess of crimes done by Non Kashmirs, we kashmiri Never agaist any Pakistain or India , but we never allow any indian or pakitain Interfercne in out kashmir , due to interference of India and Pakistan is responsible for destruction of our kashmir nation , We Peaple of kashmir never accept any occupation , 1000 political Drama playing by tri nation till date in our kashmir..

we Kashmiri appeal to Good and responsible Citizen of India and Pakistaini , both-side people are misguided regarding the Kashmir nation, the Ground Reality is different.. we Kashmiri respect both side nation as guest , we welcome every country peoples visit our kashmir people but we never accept India and pakistain occupation and we never forget the crimes of India and pakistain .

April 27, 2023 at 5:08 pm

Please update your notes. This is brilliantly done.

July 26, 2023 at 7:08 pm

Unbiased, good analysis and effectively presented. Hope the powers to be can affect the policy ideas presented here. Thanks!

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Reader's Corner

Steps to take for a peaceful Kashmir

By ghulam nabi fai.

Indian police officers guard a closed market during a strike on the second anniversary of India’s revocation of the disputed region’s semi-autonomy in Srinagar, Indian-controlled Kashmir, Aug. 5, 2021. (AP Photo)

History will testify that the final settlement of the Kashmir conflict will undoubtedly bring peace and security not only to the disputed region but also to the whole of South Asia – home to one-fifth of the human race

The conflict over the disputed territory of Kashmir is soluble only if a pragmatic, realistic and tangible strategy is established to help set the stage to put the Kashmir issue on the road to a just and durable settlement.

Since we are currently more concerned about setting the stage for settlement rather than the shape the settlement will take, we believe that is it both untimely and harmful to indulge in or encourage controversies about the most desirable solution to the dispute.

Any attempt to do so at this point of time amounts to playing into the hands of those who would prefer to maintain a status quo that is intolerable to the people of Kashmir and also a continuing threat to peace in South Asia. It also succumbs to the wishes of those who would like to give the impression that Kashmir is the most complex issue right now .

Complexity is in the eyes of the beholder. There is not a single international issue that is not complex. If there is interest in resolving the issue, then complexity becomes a motivating factor. If there is none, then complexity becomes an instrument of passivity and inaction.

We depreciate the raising of quasi-legal or pseudo-legal questions during the preparatory phase of the final settlement of the Kashmir dispute. It only serves to befog the issue and to convey the wrong impression that the dispute is too complicated to be resolved and that India and Pakistan hold equally inflexible positions. Such an impression does great injury to the cause. The United Nations is in a unique position to play a more activist and mediatory role in regard to Kashmir by initiating a peace process. This can take the shape of:

six-party talks involving the U.N., China, Russia, India, Pakistan and Kashmir; or
the appropriate use of the newly developed procedures and mechanics at the U.N.

UN's duty

In neither case would the handling of the dispute be a rehash of the old arid and acrimonious debates at the U.N. The United States, by itself or through the U.N., would supply the catalyst that is needed for a settlement.

There are alternative courses of action that can be spelled out and involve a sequence of interactive steps over a period of time. None of them would put the peace process in the straitjacket of rigid adherence to old texts.

But if a solution to the problem will be a graduated process, consisting of incremental measures, the violence in Kashmir needs to be brought to a quick end in order to set the stage for a solution. It is interesting to note that when the Kashmir dispute erupted in 1947-48, the world powers championed the stance that the future status of Kashmir must be determined by the will of the people of the territory and that their wishes must be ascertained under the supervision and control of the U.N.

The U.S. was a principal sponsor of Resolution 47, which was adopted by the Security Council on April 21, 1948, and was based on that unchallenged principle. The basic formula for settlement was incorporated in later resolutions.

A Kashmiri woman walks past Indian paramilitary soldiers standing guard near the site of a grenade attack at a busy market in Srinagar, Indian controlled Kashmir, Tuesday, Aug. 10, 2021. (AP Photo)

Urgent necessities

Today, the urgent necessities are:

To demilitarize the area of conflict – the state of Jammu and Kashmir – through a phased withdrawal of the troops (including paramilitary forces) of both India and Pakistan from the area under their respective control.
To take the sting out of the dispute by detaching moves toward demilitarization of the state from the rights, claims or recognized positions of the three parties involved. In order to do this, it might be necessary to make the demilitarization of the state the first step toward the reduction of Indian and Pakistani forces on their borders outside of Kashmir. It is after the peace process is on solid ground that the rights and claims of the parties can be considered in a non-violent atmosphere.

At times, various proposals have been made by different people to set the stage for a settlement of the long-standing conflict of Kashmir. Most of them seem to be absolute non-solutions.

However, regarding solutions, I would rule out one thing and that is not helping: Time. It is not on the side of Kashmiris. Time will never heal the problem. Time has made things worst in Kashmir. Let me mention some of the so-called "solutions" here.

Convert the existing cease-fire line into a permanent international boundary. This is the ideal non-solution. One cannot imagine a better formula for sowing a minefield in South Asia that will lead to a nuclear disaster. To a Kashmiri, the Line of Control (LoC) is a line of conflict. To talk about converting it into an international border is an insult to the intelligence of the people of Kashmir.
An India-Pakistan condominium over Kashmir. This is not a cynical idea, but it needs two things: first, a maximum sense of cooperation and goodwill on the part of both India and Pakistan and an absence of friction within Kashmir. If either or both of these conditions do arise, the arrangement will not only collapse, it will create crises no less grave than those already existing.

Pakistan, India, and Kashmir

I believe that any future negotiations between India and Pakistan can be meaningful and successful if all parties concerned – the governments of India and Pakistan and the Kashmiri leadership – take the following steps:

First, the Government of India must rescind the Domicile law, which was enacted in 2020 simply to change the demography of Jammu and Kashmir. Until this is done, the people of Kashmir are on the brink of genocide.

Second, there has to be a cease-fire from all sides that must be followed by negotiations. Negotiations cannot be carried out at a time when parties are trying to kill each other.

Third, there cannot be and should not be any preconditions from any party other than a commitment to non-violence and to negotiations.

Fourth, as James Wolsey, former chief of CIA has correctly noted, both India and Pakistan have lost faith in each other and we all know that it is true that they don’t trust each other. Therefore, the time has come that there must be third-party mediation, facilitation or engagement to make sure that the talks between India and Pakistan remain focused. The third-party facilitator does not need to be the U.N. or U.S., it could be a person of international standing.

Fifth, we do not need to invoke principles because principles will not help launch a peace process. Principles can easily be twisted and lend themselves to various interpretations.

But the following principles that are involved in the Kashmir dispute shall remain a guiding force in any final settlement.

Principle #1: It is the inherent right of the people of the five zones of Jammu and Kashmir to decide their future according to their own will.

Principle #2: It is almost impossible to ascertain the will of the people except in a condition free from coercion, intimidation or pressure from any quarter. The history of the last 73 years testifies to the fact that the bilateral talks between India and Pakistan have always been fruitless. In fact, any attempt to strike a deal between any two parties without the association of the third party will fail to yield a credible settlement.

An Indian paramilitary soldier keeps guard near the site of a grenade attack at a busy market in Srinagar, Indian controlled Kashmir, Tuesday, Aug. 10, 2021. (AP Photo)

The arrangement between Jawaharlal Nehru and Sheikh Abdullah, then prime ministers of India and Jammu and Kashmir, in 1952; and the pact between Indira Gandhi and Sheikh Abdullah in 1975 sought to bypass Pakistan, leaving the basic issue of Kashmir unsettled.

Likewise, the Tashkent Agreement of 1966 between India and Pakistan, the Simla Agreement of 1972 and the Lahore Declaration of 1998 sought to bypass the people of Kashmir and resulted in failure.

So, the time has come that talks must be tripartite as the dispute primarily involves three parties: India, Pakistan and the people of Kashmir.

But the primary and principal party are the people of Kashmir because it is ultimately their future, the future of the 23 million people of Jammu and Kashmir, that is to be decided.

Need for democracy

We want to emphasize that the Kashmiri people are for democracy. They believe that their leadership and the future disposition of the state must be ascertained through a democratic process.

Kashmiri people will participate in the election if they are part of a process, which would eventually lead to the Kashmiris’ goal of self-determination. The election process must be organized and monitored by the U.N.

The elected representatives should have the mandate to enter into negotiations with India and Pakistan. Impartial and neutral monitors should supervise the whole election process, including the preparation of voter registration. The constitutional requirement for candidates to take an oath of allegiance to the Indian Constitution has to be waived.

These ideas need refinement, but they build on the ineluctable truth that nothing fruitful is possible in Kashmir without the primary participation and willing consent of the Kashmiri people. Schemes and negotiations that neglect that truth are doomed to failure, as proven by 73 years of grim conflict in Kashmir with no end in sight.

Finally, history will testify that the final settlement of the Kashmir conflict undoubtedly brought peace and security not only to Jammu and Kashmir but also to the whole region of South Asia – home to one-fifth of the human race.

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A possible solution to the Kashmir issue | OPINION

Here are some ideas that can be implemented to resolve the kashmir issue once and for all..

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A possible solution to the Kashmir issue | OPINION

Recently, a movie, The Kashmir Files , was released. It portrayed horrific experiences of the exodus of Kashmiri Pandits in the 1990s and their subsequent struggle.

In the wake of recent happenings in the last few weeks, many parallels are being drawn in the media to compare both scenarios (then versus now) and suggest that nothing changed, even with the abrogation of Article 370. While there are merits in the abrogation of Article 370, there could still be some areas of concern left unaddressed for a few.

However, when it comes to Terror against Tiranga, we can keep all concerns aside and focus only on how best the Tricolour's prestige can be upheld and common citizens live in Kashmir without fear.

Here are some key ideas for consideration that try to see how the Kashmir issue can be resolved once and for all.

The government could make a Bismarckian move to integrate the state of Punjab with Kashmir (P&K- the new state comprising Punjab, Jammu and Kashmir).

The government can also integrate Ladakh with Himachal to form "Himachal and Ladakh" - ( H&L) to complete the cycle of integration. If required, this can precede P&K to test the waters.

A combined (P&K) will negate the claim of Kashmir (J&K) having a Muslim majority in one stroke.

This will mean the United Nations plebiscite (even if a later government after a few years is forced) cannot be taken ahead in an undivided P&K. It will be null and void.

Sikhs and Marathas have a long history of fighting injustice and had kingdoms in pre-British India. But Punjab being geographically closer is best suited for a merger with Kashmir.

Sikhs also have a quality of non-submission when their pride is involved or when they feel they haven't got justice.

How do we address the Kashmir crisis?

The current situation in Kashmir puts the potential of peace in the region even further away. Can the Kashmiri people provide the way out?

November 2019

The people of Jammu and Kashmir are living through extraordinary times. The latest Kashmir crisis began in the days leading up to 5 August, when an announcement was made by the Indian government of a constitutional amendment which removes the special autonomous status of Indian-administered Jammu and Kashmir, and replaces it with two union territories. This change in status formally came into play yesterday, 31st October.

This declaration triggered a security and communications lockdown but also caused widespread trepidation, fear and uncertainty for many Kashmiris. There is no doubt that many Kashmiris are currently suffering, and this new situation poses significant challenges for a peaceful future, increasing tensions in an already volatile region. India and Pakistan have been in conflict over the disputed region of Kashmir since partition in 1947, with part now being administered by Pakistan and part by India. But we are not without hope – as with past crises, it is the courage and resilience of the Kashmiri people that can see this through.

Since the declaration was made severe restrictions have been imposed. The people of Jammu and Kashmir have been facing daily difficulties including a lack of telephone and internet communications, and reduced access to goods and medical care. An overwhelming feeling of anger and despair hangs in the air. Perhaps even more worrying than the humanitarian challenges, is the prospect of the conflict over the disputed territory of Kashmir never being resolved.

While acknowledging the suffering, we need to find a way out of this situation, and that is to deal with the roots of the problem and involve rather than exclude Kashmiri voices. Responsibility for this conflict is shared between all relevant parties, but a way out fundamentally starts with the people who are at the centre of it all.

We have been working for the past decade, with a network of brave, committed Kashmiris who are striving for a more peaceful future. These Kashmiri ‘peacebuilders’ come from a variety of professional backgrounds – teachers, journalists, academics, civil society leaders and business people – but they all have a shared aim. They work with different sections of Jammu and Kashmir society, including women and youth, on both sides of the dividing ‘Line of Control’, to develop an understanding of different perspectives, hear people’s views on what is needed for a peaceful Kashmir, and slowly transform society to lay the foundations for peace.

The patient and persistent efforts made by these courageous individuals have brought people together across regional, religious and ethnic divides. Their work to connect people and build confidence between different sides, celebrates the rich cultural diversity of the Jammu and Kashmir region, but also respects and protects the interests of India and Pakistan. Without forcing people to submit to a singular political aspiration, this work has enabled people to visualise realistic and interdependent possibilities of a shared future.

In doing so, they have created relationships that have weathered the ups and downs of Indo-Pak relations, and have developed initiatives such as trade across the Line of Control , and collaboration between journalists , business people and academics from both sides of the divide, that have built confidence and hope, even at moments of the most heightened tensions.

Bridges have been built over many years, amongst people on either side as well as across the divide. They are a way of meeting the challenges that arise and can provide a way out of the current crisis. These relationships must be sustained. These networks of people within the region can form the basis for rebuilding the future. But first, we must reinvigorate hope by restoring local structures that can engage with the current political realities through peaceful means, and dialogue efforts to create new possibilities capable of addressing the core issues of all those concerned.

Despite the enormity of the problem, people working on conflict – both within the region and internationally – must convey the message with conviction that a peaceful resolution of the Kashmir issue is possible. We saw this happening in Northern Ireland in 1998, Nepal in 2006, and Colombia in 2016 – protracted conflicts that eventually saw the signing of agreements and the slow and painstaking process to implement these, notwithstanding setbacks. New Delhi and Islamabad stand to benefit from re-engaging in a meaningful and pragmatic problem-solving negotiation process. However, it is also vital to allow Kashmiris themselves to partner in this pursuit of peace.

More like this

In South Asia, we work on both sides of the Line of Control in Jammu and Kashmir and in Afghanistan. In these regions, we support local initiatives to promote opportunities for building peace and trust in the region.

Building peace through trade in Kashmir

Dialogue through film and media

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Essay on Kashmir Problem And Its Solution in English

Today we will write on Essay on Kashmir Problem And Its Solution in English, As we all know that Kashmir has been taken as one of the serious issues to talk about for the last so many years. This has been taken to be one of the international levels of problems whose solution is still not known much. The person of Kashmir has started taking Kashmir solution to be a dream that can never be fulfilled in this life. But if you would be looking into the pages of Kashmir issue, then for sure you would be coming closer with so many of the solutions as well which probably the world has never thought about to come up! Let’s share those Kashmir issue solutions with you!

Solution of Kashmir Problem :

As we all know that Kashmir is basically taken as the flashpoint between India and Pakistan for more than 60 years. Presently, the Line of Control has been divided into two regions as where one part has been administered by India and one by Pakistan. India has been making the efforts as where it would formalize this status quo and hence make it acceptable to be the international boundary. But Kashmir has rejected this plan for sure.

Essay on Kashmir Problem And Its Solution in English

Kashmir has been in favor of joining Pakistan and Pakistan is also on the support of this decision as well. Pakistan has been all the time making the effort to bring about the solution to the Kashmir dispute results. In the state majority of the Muslim population, it would be voting maximum to become the part of Pakistan. The Hindus of Jammu and the Buddhists of Ladakh have never ever shown any kind of the desire to join Pakistan.
If Kashmir would be joining India, then this would definitely be bringing about the stability right into the region as being the Muslim inhabitants of Pakistani-administered Jammu and Kashmir adding to the Northern Areas.
Kashmir can often come up with the solution as for where Kashmir can act as the independent country as well. But both Pakistan and Indian are ready enough to give away the This would be bringing out the result of the plebiscite as a vote for the independence that would be opposed by both India and Pakistan.

Well, we don’t think so that in the coming few years no particular solution will be coming over in the Kashmir issue and still Kashmir has to crush between Pakistan and India! What are your opinions about it?

Well this is all about the Essay on Kashmir Problem And Its Solution in English and if you need to add something to this topic then you can write us in the comment section given below on this page.

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Since partition, the dispute of Kashmir has been a bone of contention between India and Pakistan. It is called as the nuclear flash point of South Asia because of the war threat it poses to the peace and security of the region. Since 1947, India and Pakistan have fought three wars over this issue i.e. 1948, 1965, and 1999. Both rivals have been engaged in border skirmishes, often. This conflict has also enhanced the region’s nuclear arms race, which can potentially disturb stability in the future. With the rising extremism in India, the threat to Muslims existing there, especially in Jammu and Kashmir, has increased significantly. Hence, the solution is essential at the earliest.

Aims and objectives:

To identify the peacemaking efforts made to resolve Kashmir issue
To explain the impacts and consequences of the efforts undertaken
To propose what can be done in future for the Kashmir resolution

Research question:

Following research question will be addressed in this paper:

“What types of peacemaking efforts have been made and can be adopted in future, in order to resolve the longstanding dispute of Kashmir?”

Research methodology:

The present study is conducted through analytical descriptive approach. Qualitative data has been collected for this purpose. Secondary sources have been consulted for the data collection. The main source of data were research papers and academic journals.

Discussions and analysis:

The rivalry between India and Pakistan is based on the quest for power, self-reliance and security dilemma. The conflict becomes a threat to the international peace if the rivals are nuclear powers. Ansari et al. state that the conflict between India and Pakistan has always been in the international focus, due to their nuclear arms. [1] And when Kashmir comes into question, the tension rises further. Both the countries have tried for long time but have not been able to develop the level of trust that is required for settling the arch dispute. Effendi expresses her concerns over the several spoilers that disrupt the confidence building attempts between in India and Pakistan. [2] Considering the historical progression, dialogue between India and Pakistan has always been a risk. [3] The historical misunderstandings, military stand-offs and communication over the range of disputes illustrate that the Pakistan and India want superiority over each other. According to realists, both the states want a sense of power superiority and cannot accept each other’s conciliatory mode at any cost. Many scholars are of the view that Pakistan cannot let go its claim on Kashmir due to its ideological reasons, as it says that Pakistan is a Muslim state and will stand by every oppressed Muslim. Moreover, it also claims that India has illegally occupied Kashmir. Pakistan claims this by backing its argument with the clauses of partition plan, regarding the procedure of annexation of princely states, and articles about self-determination in UN Charter. Whereas India says that ruler of Kashmir, Maharaja Hari Singh, has signed legal documents for Kashmir’s annexation with India. Apart from this Kashmir is the only Muslim majority states in India, if India leaves Kashmir, it cannot claim its secular ideology. If the ideological basis of any state collapses, the identity and position of that state becomes questionable. Therefore, both India and Pakistan are not in a position to do so.

Conflict Resolution:

Taking the above mentioned scenario into attention, it has become essential to resolve the Kashmir issue. Effendi highlights the proposition of Ledarach that “conflict is bad and it is something that needs to be ended”. [4] The issue of Kashmir is now at the ripe stage. It is clear that delaying the resolution is neither benefiting India nor Pakistan. Although, the revocation of article 370 has annexed Kashmir with India and till now it is difficult to predict what will be the future of the territory. But generally analyzing current uncertainty in regional and international situation of peace and stability, there is a possibility that Kashmir may become a serious threat to global security.

Many efforts have already been made to resolve this protracted conflict. Few of them are listed as under:

Tashkent Declaration:

Pakistan and India engaged in a war in 1965, triggered by many historical and existing grievances. It was a seventeen day conflict with massive losses on both sides. Tashkent declaration was an agreement brokered by Soviet Union, to end the war. It was decided that both the states will step back of their positions. Withdraw their militaries and try to establish good relations based on UN Charter. Along with establishment of good relations the countries will settle all their disputes peacefully. [5] It was considered as a weak agreement because it could not stop the next war between India and Pakistan. But it was a fine example of peacemaking

Simla accord:

After the end of 1971 war, Pakistan and India signed a pact which would determine the future course of their relations. Kashmir, which plays a significant role in India-Pakistan relations, was also a part of the discussions over the agreement. India ruled out the option of third party mediation on Kashmir Issue during the negotiations. Whereas Pakistan wanted to employ different methods to peacefully resolve the conflict, even if it required third party interference. [6] The fact that India took the Kashmir Issue to UN could not be ignored, while taking into account that India wanted to resolve the conflict bilaterally. This agreement could also neither shape cooperation between India and Pakistan neither prove helpful in deciding the fate of Kashmir. The misunderstandings, misperceptions and trust deficit have now changed into an emotion based fight.

Agra summit:

Another attempt to resolve the settle the conflict was Agra summit. It was started in 2001, when both the governments decided to engage diplomatically for peaceful settlement of the disputes. The summit was arranged with high hopes that it would bring out results. It was observed that India delayed the negotiations over Kashmir. Effendi mentions Amir that “The draft of the joint declaration was not issued due to Indian refusal to deal separately with Kashmir and Pakistani reservations about “cross-border terrorism.” [7] Therefore, the summit ended without any significant achievement.

Composite dialogue:

Composite dialogue, conducted from 2004-8, is considered to be the most “sustainable and peaceful negotiations in India-Pakistan relations”. During the dialogue, Musharraf was willing to step down of his positions for impactful proceedings. He did emphasized on Kashmir’s annexation with Pakistan or, settlement of the dispute with UN interference. He proposed the self-determination formula for the resolution of Kashmir issue but India did not seem interested. [8] Although the talks are thought to be successful but Kashmir was again left just the same.

Revocation of the article 370:

The revocation of article 370 is a structural change made by India, claiming to settle the Kashmir conflict. The constitutional change has annexed Kashmir with India. The Delhi government will directly control it. Scholars say that India cannot sustain this change, the increased suppression and forceful demographic changes will backfire. But according to Indian perspective, the annexation would enable Delhi to eliminate all the political, economic and historical grievances from Kashmir; ultimately settling the “insurgency”. As per Pakistan’s point of view, the increased deployment of forces, media blackout, demographic changes, marginalization and suppression will backfire. These all are human rights violations. When they will be coupled with extremist Hindutva ideology and its impacts, India will not be able to sustain it.

What can be done?

There have been certain faults in the attempts of peacemaking, in the past. These faults have not allowed the success to come. One of those faults is denying the participation of Kashmiris in resolution of the conflict. India and Pakistan have often considered it a bilateral dispute and dealt with it accordingly. Following are the proposed solutions which might repair the damage done, slowly but surely.

Conflict analysis:

To initiate the conflict resolution, it is extremely crucial to analyze the conflict systematically. This will enable the practitioners to understand the roots of the conflict. As Dr. Maria S. Effendi elaborates using her Conflict Wheel Model, first the root causes of the conflict should be investigated deeply. [9] Perspectives of all parties should be analyzed, regarding the root causes, meaning and importance of the present conflict. A consensus of all the parties should be built upon the perceptions about the conflict. Relevant causes of the conflict should also be studied. Actors, stakes, interests, needs and positions of all the actors should be clearly identified. In this way all the parties will understand each other’s interpretation of the conflict, which will significantly participate in designing their future course of action during the peace process. Effendi and Choudhary suggest that for effective conflict resolution, all the parties should try to develop a consensus over the interpretation of the conflict. [10] Relevant experts will be required to conduct a detailed cost benefit analysis for remaining engaged and ending the conflict. Spoilers and drivers of the conflict should also be identified during conflict analysis process. It will enable the diplomatic staff to design a peace process which is immune to the external structural and proximate factors that could damage peace process.

Involve UN for peace making:

Effendi and Fatima suggest that UN should establish a referendum or plebiscite commission so that actual population of oppressed Kashmiris can be preserved. [11] As India is trying to change the demographics of Kashmir by revoking its special status, it will record the number of indigenous population of Kashmiris.

Third party intervention:

Pakistan can enable third party intervention in the conflict through different means.

Litigation:

Pakistan can take the matter to International Court of Justice for asking its standing on the occupation of Jammu and Kashmir and its right of self-determination. It will establish a legal precedent over the matter because “International humanitarian law recognizes the liberation movements under Additional Protocol II to Geneva Conventions and Common Article 3 therefore international law is clearly applicable to Kashmir conflict lending credibility to the Kashmiri struggle for self-determination”. [12] Along with this, Pakistan should declare it support for Kashmir so that they can get their right of self-determination, rather than staying firm for its annexation with Pakistan.

Give the right of self-determination to Kashmiris:

India and Pakistan should realize the fact that Kashmir has been made a bilateral dispute, the participation of Kashmiris have been largely ignored. Both the states should let Kashmiris decide their future. Whenever reconciliatory discussions are planned Kashmiris should be a part of them. Without their consent, nothing should be proceeded.

Mediation or provision of good offices:

Mediation is one of the most effective methods of conflict resolution. It involves the interference of an unbiased third party. Third party is not emotionally connected to the conflict at hand, therefore, is in a better position to understand the conflict and perceptions of direct conflicting parties. [13] Witnessing the protractedness and complexity of the conflict, Kashmir issue can be best resolved through third party intervention. Pakistan can make this legal precedent as a basis to convince influential powers of international community to intervene in the matter and pressurize India for resolution. If India does not agree on third party involvement, international actors can provide good offices for the negotiations as well.

Conclusion:

Kashmir has been a disputed territory for 75 years. Different peacemaking efforts have been undertaken like Tashkent declaration, Simla Accord, Agra Sumit, Composite Dialogue, Lahore Declaration and etc. None of it became successful due to several reasons. But the most important of them were the lack of political will from both Pakistan and India. The governments have been witnessed to adopt delaying tactics in scheduled dialogues or lack of prioritization of the matter. Until the governments are not ready to engage, the issue will remain unaddressed, as they have been till now.

[1] Samra F. Ansari, Maria S. Effendi, and Riffat Haque, “Problem Solving Decision Making Model In Kashmir Conflict Resolution: Prospects And Challenges,” NDU Journal 33 (2019): 7, accessed December 19, 2022, https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwicluqR6In8AhU4SfEDHai_BuQQFnoECA0QAQ&url=https%3A%2F%2Fndujournal.ndu.edu.pk%2Fsite%2Fissue%2Fdownload%2F18%2F13&usg=AOvVaw2kxqdywm6jrI2KGgX–utV .

2 Maria S. Effendi and Ishtiaq A. Choudary, “India – Pakistan CBMs since 1947 A Critical Analysis,” A Research Journal of South Asian Studies 31, no. 1 (January 2016): 188, accessed December 19, 2022, http://pu.edu.pk/images/journal/csas/PDF/13%20Maria%20Saifuddin%20Effendi_v31_no1_jan-jun2016.pdf .

4 Maria S. Effendi, “Conflict Resolution Research in Pakistan: Scope and Challenges to the Development of the Discipline,” Pakistan Journal Peace & Conflict Studies 2, no. 1 (January 2017): 31, accessed December 19, 2022, http://journals.uop.edu.pk/papers/03.%20Maria_for%20Maria%2003-07-2017.pdf .

5 Effendi and Choudary, “India – Pakistan CBMs since 1947: 194.

6 Ibid, 196.

7 Ibid, 198.

9 Ansari, Effendi, and Haque, “Problem Solving Decision Making Model In Kashmir Conflict Resolution: 7.

10 Effendi and Choudary, “India – Pakistan CBMs since 1947: 194.

11 Maria S. Effendi, “Right of Self Determination and Kashmiris: A Conceptual Understanding and Perspective,” Orient Research Journal of Social Sciences 6, no. 1 (June 2021): 11, accessed December 19, 2022, https://www.gcwus.edu.pk/wp-content/uploads/2021/06/1.-Right-of-Self-Determination-and-Kashmiris.pdf .

13 Maria S. Effendi, Role of a Third Party in Conflict Resolution: A Case Study of India and Norway in Sri Lanka (Columbo: Regional Centre for strategic studies, 2007), 27.

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Kashmir Issue: Historical aspects

Syllabus: Post-Independent India

Context: The article delves into the historical complexities of the Kashmir issue , particularly focusing on the events surrounding Hari Singh’s accession to India and the subsequent developments.

Background of Kashmir’s accession to India:

The princely state of Jammu and Kashmir, ruled by Maharaja Hari Singh, was faced with a crucial decision as British colonial rule ended in India in 1947. As part of the partition process, princely states were given the choice to join India, Pakistan, or remain independent .

Maharaja Hari Singh’s preference for independence was rooted in his aspiration to maintain a neutral status for Kashmir . However, this choice was challenged by various factors, including the state’s geographical location , its religious and ethnic diversity , and the political pressures of the time.

The role played by Gurdaspur Division:

The division of Gurdaspur, a district that held strategic significance due to its land connectivity to Kashmir , played a pivotal role. The Radcliffe Boundary Commission’s decision to include Gurdaspur in India ensured that there was a viable land route between India and Kashmir , which influenced Hari Singh’s ultimate decision to accede to India.

Tribal incursion:

In 1947, as tensions between India and Pakistan escalated, tribal militias backed by Pakistan invaded Kashmir . Facing a dire security situation, Hari Singh sought India’s military assistance. In return, he agreed to accede to India , formalizing the accession with the signing of the Instrument of Accession .

Why did India approach the United Nations for intervention in Kashmir?

This accession was followed by military intervention by Indian forces to counter the tribal invasion and secure Kashmir. However, the situation continued to be complex.

In January 1948, India brought the Kashmir issue before the United Nations Security Council . India’s contention was that Pakistani infiltrators had occupied parts of Jammu and Kashmir, which had legally acceded to India through the Instrument of Accession signed by Maharaja Hari Singh. India argued that these infiltrators should be asked to leave the region to restore the status quo.

What did UNSC decide?

The UN proposed a ceasefire, demilitarization, and a plebiscite to determine the future of the region. However, the UN’s intervention did not lead to a resolution of the Kashmir issue . The ceasefire was implemented, but the plebiscite never took place due to disagreements between India and Pakistan over the preconditions, including the withdrawal of forces from the region.

Article 370 :

A significant development was the inclusion of Article 370 in the Indian Constitution on October 17, 1949, which granted Jammu and Kashmir a “special status ” within the Union of India. This special status provided the region with certain autonomy in areas like governance, laws, and citizenship, reflecting a unique arrangemen t that aimed to accommodate the region’s distinct circumstances.

After 1954, as Pakistan strengthened its ties with the United States and both countries signed a military pact, Jawaharlal Nehru, became more resolute against the idea of a plebiscite in Kashmir. Meanwhile, the region of Jammu and Kashmir continued its integration into India’s democratic processes , participating in the drafting of the Indian Constitution and beyond.

Insta Links:

Constitutional Challenge to the 2019 Abrogation of Article 370
We need civil society engagement in Kashmir

Instrument of Accession

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Throw light on the Instrument of Accession through which Jammu and Kashmir became a part of India. What were the resultant issues that were the outcome of Kashmir’s accession to India? (250 Words)

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Write an essay on Kashmir Issue

The essay on kashmir issue and dispute discusses the recognition of this world problem by uno and the three parties to it, kashmir issue: an outline:.

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In Indian Illegally Occupied Jammu and Kashmir APHC has urged the United Nations to prevent India from carrying out settler colonialism agenda on Israeli pattern and resolve the dispute as per Security Council resolutions.

In a statement issued in Srinagar, the APHC spokesman, Advocate Abdul Rashid Minhas said that as part of its ongoing settler colonial campaign, the Modi regime is snatching properties of Kashmiris and terminating them from govt jobs.

He pointed out that New Delhi has opened flood-gates for non-locals from all over India to settle on the Kashmiris’ lands to change the demography of the territory.

Meanwhile, Democratic Freedom Party led by incarcerated senior APHC leader Shabbir Ahmad Shah in a statement in Srinagar called on philanthropists and donors to not forget victims of Indian state oppression including heirs of martyrs.

In another development, continuing its suppressive moves against freedom loving parties in occupied territory, an Indian government established tribunal consisting of Delhi High Court Judge Justice Sachin Datta has confirmed the ban on Democratic Freedom Party.

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COMMENTS

HOW TO RESOLVE THE KASHMIR ISSUE
There are four essential obstacles which hinder the resolution of the Kashmir dispute: (i) Indian intransi-gence; (ii) Lack of unity within Kashmiri resistance; (iii) Absence of a coherent long-term Pakistani policy; (iv) Inhospitable international environment. The Indian intransigence can only be broken through.
PDF Resolution of the Kashmir dispute: a way forward
The U.S. was a principal sponsor of Resolution Number 47 which was adopted by the Security Council on April 21, 1948, and which was based on that unchallenged principle. Following the resolution, the U.S., as the leading member of the United Nations Commission for India and Pakistan, adhered to that stand.
The Kashmir conflict: How did it start?
The dispute between India and Pakistan over Kashmir was sparked by a fateful decision in 1947, and has resulted in decades of violence, including two wars. Since 1947, India and Pakistan have been ...
Ten Potential Solutions to the Kashmir Conflict
For ten years after the Kashmir problem was first brought to the UN Secu-rity Council by India, heroic efforts were made by the UNCIP's global diplomats to resolve the conflict through a comprehensive or limited plebiscite supervised by UN monitors, or by the divi-sion of Jammu and Kashmir into its dominant ethno-religious units—Hindu Jammu ...
Solving the Kashmir Conundrum
The Kashmir dispute has become increasingly layered and fragmented with territorial, legal, and political dimensions. This summer marked the third continuous summer of passionate, resolute, and ...
(PDF) An Analysis of the Kashmir Issue: Past, Present ...
An Analysis of the Kashmir Issue: Past, Present and Future. Recommendations. Abstract: In this paperwork, we at first presented the basic introduction to the Kashmir issue and then. tried to shed ...
Solutions to the Conflict in Kashmir
Various proposals to resolve the conflict are examined and evaluated. On the one hand, the possibility of Kashmir's autonomy is considered; on the other, the solution of joint governance or, as a third option, formal partition of Kashmir in an Indian and Pakistani territory are explored.
Resolving Kashmir: imperatives and solutions
Abstract. The Kashmir problem has existed for over sixty years, since the British colonial rulers left and the subcontinent was partitioned between Pakistan and India, yet the issue continues to be unresolved. The promised plebiscite for the people of Kashmir to decide their future was never held. Various complexities borne out of the ...
International Perspective on Kashmir: Stability or Resolution
Kashmir, therefore, has become a part of the two state's respective national identities. Kashmir plays a pivotal role in India and Pakistan's political identities—an integral part of the two states' domestic politics. Political parties have tended to make electoral gains on the Kashmir dispute's living legacy.
(PDF) Resolving The Kashmir Dispute: "Enlightened ...
Abstract. Conflict and cooperation are ontologically two central components of human organisation. From the Paleolithic period to modern times, human beings as well as the nation-states fight and ...
Kashmir Issue
The Kashmir issue - has multiple dimensions - external and internal; inter-state as well as intra-state. Not even the separatists are on the same ground - their demands are different. The princely state of Jammu and Kashmir which was under the control of British India - is now not entirely with India. Pakistan and China too now occupy a ...
PDF Pakistan Kashmir Strategy: An Assessment and Future Outlook
The Kashmir dispute is one of the oldest and unresolved agenda items pending with the United Nations (UN). The present situation demands the urgent attention of the international community and major powers given its dire consequences for global peace and security. Under the rule of the ultra-Hindu nationalist government of Bharatiya Janata ...
Steps to take for a peaceful Kashmir
The conflict over the disputed territory of Kashmir is soluble only if a pragmatic, realistic and tangible strategy is established to help set the stage to put the Kashmir issue on the road ...
A possible solution to the Kashmir issue
Here are some key ideas for consideration that try to see how the Kashmir issue can be resolved once and for all. The government could make a Bismarckian move to integrate the state of Punjab with Kashmir (P&K- the new state comprising Punjab, Jammu and Kashmir). The government can also integrate Ladakh with Himachal to form "Himachal and ...
Resolving Kashmir Dispute Analyzing Various Approaches
No dispute has taken such a heavy toll of both neighbourliness and periodically emerging desire for normalization than what has been consistently done by the ongoing Kashmir dispute. The efforts to resolve the dispute have been regularly made by various quarters without any tangible outcome. Three types of
How do we address the Kashmir crisis?
The latest Kashmir crisis began in the days leading up to 5 August, when an announcement was made by the Indian government of a constitutional amendment which removes the special autonomous status of Indian-administered Jammu and Kashmir, and replaces it with two union territories. This change in status formally came into play yesterday, 31st ...
Essay on Kashmir Problem And Its Solution in English
by Moin akhtar May 7, 2019. Today we will write on Essay on Kashmir Problem And Its Solution in English, As we all know that Kashmir has been taken as one of the serious issues to talk about for the last so many years. This has been taken to be one of the international levels of problems whose solution is still not known much.
The Resolution of Kashmir Conflict
January 21, 2023. Since partition, the dispute of Kashmir has been a bone of contention between India and Pakistan. It is called as the nuclear flash point of South Asia because of the war threat it poses to the peace and security of the region. Since 1947, India and Pakistan have fought three wars over this issue i.e. 1948, 1965, and 1999.
How to settle the Kashmir issue
Here are the elements of a sound approach: (1) There does exist a dispute between India and Pakistan on the future status of the State of Jammu and Kashmir. All United Nations maps carry this notice. The Simla Agreement tacitly recognises that. (2) There is also a third-party dispute—namely, the people of the State.
Kashmir Dispute Essay
View Full Essay. ¶ …. Kashmir Dispute Kashmir is at the heart of a dispute between Pakistan and India. This dispute has been ongoing for more than 50 years, and does not show any easy or immediate way of being resolved. The background of the dispute is a boundary. There is a line of control that runs through Kashmir. It divides the region in ...
How Can the Modi Government Resolve Kashmir Issue if it ...
What was solemnly promised to them by the government of India at the time of accession or even the Delhi Agreement of 1952 has not been given. However, the BJP's own belief is in the importance ...
Kashmir Issue: Historical aspects
GS Paper 1 Syllabus: Post-Independent India Source: IE Context: The article delves into the historical complexities of the Kashmir issue, particularly focusing on the events surrounding Hari Singh's accession to India and the subsequent developments. Background of Kashmir's accession to India: The princely state of Jammu and Kashmir, ruled by Maharaja Hari Singh, … Continue reading ...
Kashmir Issue between India Pakistan-RiseNotes
The essay on Kashmir Issue and dispute discusses the recognition of this world problem by UNO and the three parties to it. Kashmir Issue: An Outline: (1) Introduction: the beginning of an issue (2) U.N's efforts to resolve it (3) lndo-pak stance on this problem (4) Present situation in Kashmir
APHC urges UN to resolve Kashmir dispute as per UN resolutions
April 04, 2024. In Indian Illegally Occupied Jammu and Kashmir APHC has urged the United Nations to prevent India from carrying out settler colonialism agenda on Israeli pattern and resolve the dispute as per Security Council resolutions. In a statement issued in Srinagar, the APHC spokesman, Advocate Abdul Rashid Minhas said that as part of ...