Brief
History
In August 1947, the British
left the Indian Subcontinent after partitioning
the Indian subcontinent into two independent
nation states, India and Pakistan on religious
communal lines. There were 562 "princely states"
in British Indian Empire. Maharajas, Rajas and
Nawabs ruled over these territories under the
sovereignty of the British Crown. On the lapse
of British Paramountacy, these rulers were
"legally" free to decide whether to join either
of the two new states or remain independent.
However, this legal choice of independence was
essentially a hypothetical one as the religious
composition of the subjects and the geographical
location of these princely states dictated the
merger with the newly emerged successors nation
states of India and Pakistan. No princely state
could become independent.
Maharaja Hari Singh, the Hindu ruler of Jammu
and Kashmir, however was anxious for
independence. The princely state of Jammu and
Kashmir with a territory of about 128,000 square
kilometers was uniquely placed as a buffer
territory between India and Pakistan and had
common borders within Afghanistan and China.
Neither Pakistan nor India was ready to accept
an independent Jammu and Kashmir. They kept on
pressing the Maharaja to accede to either of the
new states.
Pakistan claimed this territory, as 72 percent
of Maharaja's subjects were Muslim. India wanted
the Muslim majority territory of Kashmir as an
emblem of her secularism. The Maharaja offered a
"stand still" agreement to India and Pakistan,
as he wanted some more time to make up his mind.
Pakistan signed agreement but India refused.
As the Maharaja continued to dither, violence
broke in the Jammu and Poonch region where
sections of local Muslims wanted to merge with
Pakistan. There was a similar revolt in the
northern hill territory of Gilgit. In violation
of the "stand still" agreement Pakistan stopped
the passage of food and other essential
commodities to Jammu and Kashmir through her
territory. In September 1947, tribal raiders
backed by Pakistan army invaded the valley.
The Maharaja requested India to send in its
armed forces. India made it contingent upon his
signing the instrument of accession in favour of
India. The ruler signed the instrument of
accession and India accepted with the provision
that after the restoration of normalcy, the
final political status of the territory would be
decided through a referendum. Indian soldiers
were airlifted to Srinagar on October 27, 1947.
India and Pakistan began their first war in less
than three months of coming into being as
independent states.
In January 1948, India appealed to the Security
Council of the United Nations to restore peace
in Kashmir. On January 20, 1948, the UN
Commission on India and Pakistan (UNCIP) was
constituted (UNSC Resolution S/654). In April
1948, the UN adopted the first plebiscite
resolution. The resolution called upon Pakistan
"to withdraw all its armed personnel including
the tribesmen from the territory of Jammu and
Kashmir". It asked India " to reduce its armed
forces to the minimum level needed to maintain
law and order" and to hold a plebiscite as soon
as possible on the question of accession of
Jammu and Kashmir to India or Pakistan. The
plebiscite administration was to be nominated by
the UN Secretary General. (UNSC Resolution
S/726, April 21, 1948). A UN crafted ceasefire
was implemented on January 1, 1949. The
plebiscite resolution was reaffirmed. Between
1949 and 1958 UNCIP made several attempts to
implement the plebiscite resolution. Even
partition of the territory along the ceasefire
line with limited plebiscite in the valley was
proposed at one stage. The intransigence of
India and Pakistan defeated every effort of the
UN. India and Pakistan established their
political control over the territories of J&K
under their respective control. Thus two
separate political entities were created on the
disputed territory -” “Government of Jammu and
Kashmir State" on the Indian side and
“Government of Azad Kashmir" on the Pakistani
side. Needless to add that these "governments"
were essentially "client" governments. The
emergency of these political entities altered
the ground situation as these new "stake
holders" started manipulating the people of the
divided territory on the command of their
masters in Delhi and Islamabad. The Kashmiris,
who disagreed with New Delhi or Islamabad, were
termed traitors and spies and put behind the
bars.
By 1958, within ten-years of having taken the
Kashmir dispute to the United Nations, and
having asked for international intervention in
the resolution of the dispute, India changed its
position on outside mediation in Kashmir. As a
result, during 1960 and 1964 India turned down
the offers of mediation by President Nasser of
Egypt, President Kennedy of the United States of
America and the Prime Minister of United
Kingdom.
The second Indo-Pak war on Kashmir took place in
1965. The third Indo-Pak war of 1971, which
began on the soil of former East Pakistan and
present Bangladesh, spilled over onto the
territory of Kashmir. For the last 52 years,
India and Pakistan have been virtually at war
with each other. At times this war was fought
with guns, but most of the time it has been
verbal devil. The so-called "Kashmir dispute"
lies at the very core of this enmity. Both India
and Pakistan feel incomplete without Kashmir.
Because of this enmity the people of the former
princely state of J&K have being living under
virtual war conditions. This cease-fire line of
1949, which became the Line of Control (L.O.C)
after the third Indo-Pak war of 1971, continues
to be violated by both sides. This
intermitted-armed conflict has taken a heavy
tool on the lives of Kashmiris over the last
five decades. In 1989, sections of Kashmiris
began a militant movement for national
self-determination. Massive army was deployed to
neutrals the armed struggle. While India calls
the movement in Kashmir, "Pakistan's proxy war",
Pakistan says that it is providing political,
moral and diplomatic support to the Kashmiris in
their struggle for just cause.
The Kashmir dispute needs to be perceived from
a human angle. Eversince 1947 when the
subcontinent was partitioned and the Maharaja
Hari Singh chose to accede to the Indian Union,
the erstwhile state of Kashmir has witnessed
massive migration.
On November 6, 1947 atleast half a million
people were forced to migrate from various parts
of Jammu region of the state. The migrants could
not return till date, notwithstanding, the
Re-settlement Bill passed by the state
legislature to facilitate their return.
The saga of unfortunate migrations did not stop
here. In early 1990 when the ongoing armed
struggle gained the momentum, it is estimated
that more than 2 lakh (0.2 million) Kashmiri
Pandits migrated from the valley. They sought
refuge in camps at Jammu and other Indian
states. Most of them are living a miserable life
in these camps. The migrant Kashmiri Pandits are
still awaiting return to the valley.
In 1996 when the National Conference government
headed by the Chief Minister Farooq Abdullah was
installed and counter insurgency started,
thousands of political activists owing
allegiance to various pro-freedom parties had to
migrate from there native places. These
internally displaced people live in miserable
conditions.
The excesses at the hands of the security forces
in border areas along the line of control (L.O.C)
have resulted in massive migration to other
parts of Kashmir. In April 2002, thirty people
from the five families of Poonch district
migrated to the Pakistan Administered Kashmir (P.A.K)
to escape the wrath of the troops. Migration to
P.A.K started in early 1990’s. According to some
claims made by different groups it is said that
more than 30,000 people have migrated to P.A.K
since early 1990. There are reports of migration
to other part of Kashmir. All those hapless
souls are living in camps in Pakistan
Administered Kashmir.
I PRESENT SOCIAL, POLITICAL AND ECONOMICAL
SITUATION
Due to continuation of armed conflict in the
state of Jammu & Kashmir from last 12 years, the
whole society has got brutalized. There is no
let up in the situation. The armed political
groups and more than half a million law
enforcing agencies engaged against each other in
the valley has resulted in massive human rights
violation, which are continuing unabatedly. In
the last twelve years of militancy, and counter
militancy operations mounted by the forces of
Indian state, nearly 70,000 Kashmiris have been
killed. More than 15,000 women have become
widows while as around 1000 women are living the
lives of ‘half widows’ as the fate of their
‘missing’ husbands is yet to be known. 6000
peoples are believed to be the victims of
enforced or involuntary disappearances. More
than 25 thousand children have become orphans.
Thousands of Kashmiri youth have been reduced to
a psychological wreck by systematic torture.
Schools, colleges and universities have not been
functioning from nearly 10 years. According to
reports, most Kashmiris today suffer from
immobilizing depression and are in need of
urgent treatment. Suicide rates have gone high
particularly among the women.
The Kashmir imbroglio has assumed serious
dimensions particularly after the nuclear
explosions by the two belligerent neighbours
India and Pakistan in 1998. The South Asia has
become the nuclear flashpoint causing worry to
the people of Southeast Asia and elsewhere. The
bellicose statements from the leaders of both
the countries have further threatened fragile
peace in South Asia. The stalemate seems to
continue and so the human right violations in
foreseeable future. The armed forces have been
granted impunity under the Jammu and Kashmir
Armed Forces (Special Powers) Act, by which even
the non commissioned officer to the level of the
head constable is, empowered to shot any person
on mere suspicion and to destroy any property.
Even the Home Minister of India, Mr. L. K.
Advani in past talked of granting amnesty to the
culpable law enforcing officials operating in
the conflict area like Kashmir and Northeast
states of India. The economical strangulation of
the people of Kashmir by the Central Government
seems to be collective punishment for them. Due
to the 12 years of conflict, the economy of
Kashmir has received the terrible setback. There
are no functional industries. The traditional
industries in Kashmir i.e. tourism, carpet and
fruit industries are already in doldrums
particularly after 11th of September 2001. Due
to the uncertainty there are more than two
hundred thousand (200,000) unemployed youth that
has caused a major social problem. Due to the
intransigence of the Government of India to have
trilateral dialogue with Pakistan and people of
Kashmir for resolving the long pending Kashmir
dispute, there is a political impasse. The
situation has become more alarming after the
13th of December when militants attacked on the
Indian Parliament. The Government of India
exploited the attack internationally, as
terrorism has become a global concern after the
11th of September attack on World Trade Center.
The border skirmishes are continuing, due to the
intermitting shelling from both the sides and
there is a large-scale migration from the border
villages, also particularly from Jammu province
of the state. Due to the deployment of mines in
the villages situated near the line of actual
control (L.O.C) people have become victims of
these mines and even the International Campaign
to Ban Landmines (ICBL), has also expressed its
concern over the planting of the mines. Further
the Indian government has mobilized its army
from peacetime locations to front positions,
which has further endangered the peace. One
million Indian and Pakistani soldiers have been
facing each other since last December both
possess nuclear weapons, ballistic missiles,
sophisticated air force jets and other lethal
weaponry. The bellicosity from both the
countries continues and in the possible future
there seem to be no letup in the strain
relations between the two traditional rivals.
The Government of India refuses United Nations
role on Kashmir, it refuses the third party
mediations, even facilitation by US and tries to
convince the international community that
Kashmir dispute is a bilateral issue between
India and Pakistan. But she puts conditions on
the Pakistani Government, before entering into a
bilateral dialogue like handing over the 20
terrorists to the Indian Government and for
stopping the “trans border terrorism”. The
position of Pakistan (G.O.P) is that it is ready
to have dialogue with India over Kashmir and
other contentious issues, ‘anytime, anyplace and
at any level’. The Indian Government has
threatened for unilateral abrogation on the
Indus Water Treaty concluded with Pakistan in
1960. It will mean war between two countries and
even recently the official of World Bank and
International Commission on Irrigation has
warned of serious international repercussions
against India, if it tempers with the treaty.
The officials of World Bank have further stated
that “the move automatically is to activate the
UN Security Council, thus reviving its role in
India and Pakistan, hitherto, is strictly
confined to bilateral mechanism”. India’s
military leadership has been often demanding the
use of treaty as a weapon to deprive the
Pakistanis of the water for irrigation which
even if is stopped 1 percent it would amount the
starvation threat for the 14 million Pakistanis.
This treaty was brokered by World Bank by virtue
of which the Pakistan is entitled on the waters
of Indus, the Jehlum and the Chenab and their
tributaries and all rivers that form a life line
in J&K all the Punjab rivers were retained by
India.
The Government of India has been persuading the
All Parties Hurriet Conference (APHC) through
mediators for participating in the elections,
which was scheduled in the month of October
2002. The APHC and the people of Kashmir have
boycotted the previous elections conducted for
Lok Sabha (Indian Parliament) and State
Legislative Assembly in 1996. The Hurriet
Conference, which is spearheading the political
struggle for right of self-determination and is
the conglomerate of 23 parties, has refused to
participate in the forthcoming elections. Their
position is that election is no substitute to
their struggle for right of self-determination.
There is a general perception amongst the people
that some political leaders within APHC are
interested in elections, but they have publicly
denied so. The APHC has floated its own election
commission in February 2002. This election
commission has been named as People’s Election
Commission (PEC). This election commission is
composed of 6 members including human right
activists, judges, a doctor and a journalist.
PEC will hold the elections for choosing the
representatives for settling the Kashmir
imbroglio. It was believed that the Hurriet was
under the constant pressure from different
countries, particularly from US, to prove its
democratic credentials by participating in the
elections. It is therefore, they have
constituted their own commission. They have a
strong moral position for doing so because the
elections conducted by the federal election
commission has been always rigged with an
exception of the 1977 elections. The People’s
Election Commission has not taken off yet. There
are doubts whether the People’s Election
Commission could realize its objectives, as it
needs the huge administrative set up for
conducting the elections. The Government of
India has refused to recognize it.
Nevertheless, after the 12th of January speech
given by President Parvez Musharraf of Pakistan
in which he has promised to reign upon the
Jihadi groups, the militancy is getting
reorganized now under the Kashmiri militant
leadership. It is organizing the militants for
the armed struggle, as they believe that the
constant bleeding of India could only pressurize
the Indian government for settling the long
pending Kashmir issue. In future also militancy
seems to continue.
