I

Cross Border Terrorism

and its Impact on India-Pakistan Relations

(Project Report)

SUBMITTED TO:

Dr. Avinash Samal

(Assistant Professor, Political Science: International Relations)

SUBMITTED BY:
Moulik Shrivastava
B.A.LL.B (Hons.)
Semester-V, Section C
Roll Number 86

Hidayatullah National Law University

Uparwara Post, Abhanpur, Atal Nagar – 493661 (C.G.)

 II

DECLARATION

I, Moulik Shrivastava, hereby assert that this project is my own, hence original. The
information submitted herein is true and original to the best of my knowledge. Also, the
sources of the material used in this project report have been duly mentioned and
acknowledged.

Name: Moulik Shrivastava

Semester: IV

Section: C

Roll Number: 86
 III

ACKNOWLEDGEMENTS

I, Moulik Shrivastava, would like to humbly present this project to Dr.Avinash Samal I
would first of all like to express my most sincere gratitude to Dr.Avinash Samal for his
encouragement and guidance regarding several aspects of this project. I am thankful for
being given the opportunity of doing a project on “Cross Border Terrorism and its Impact on
India-Pakistan Relations.”

I am thankful to the library staff as well as the IT lab staff for all the conveniences they
have provided me with, which have played a major role in the completion of this paper.

I would like to thank God for keeping me in good health and senses to complete
this project. Last but definitely not the least, I am thankful to my seniors for all their
support, tips and valuable advice whenever needed. I present this project with a
humble heart.

Name: Moulik Shrivastava

Semester: IV

Section: C

Roll Number: 86
 IV

CONTENTS

Introduction 1

Objectives 2

Research Methodology 2

Cross Border Terrorism: Meaning 3

Pakistan and State Sponsored
4-5
Terrorism
Factors Facilitating Cross-Border
6
Incursion
Pakistan‟s Security and Nuclear Policy 7

The Kashmir Dispute 8-9

The Uri Attacks and Surgical Strike 10

The Pulwama Attack 11

The Kargil Conflict: A War or
12
Incursion
Current Tension in Relations 13

Conclusion 14-15

References 16
 1

INTRODUCTION

Indo-Pakistani relations are grounded in the political, geographic, cultural and economic links
between the Republic of India and the Islamic Republic of Pakistan; the two largest countries
of South Asia. The sub-continent happens to be one of the insecure geographic regions of the
world dominated by overburdening population, aligned with poverty and illiteracy and
several anti-state factors like terrorism and corruption. The major political barrier that stands
in the way of solutions is the mutual rivalry of the states of this region.

The two countries share similar geographic locations but differ starkly in religious
demographics. India, on one hand, is more of a secular country with Hindu majority at about
80% of the total population and Muslims being the largest religious minority with about 13%
of the population. Pakistan, on the other hand, is an Islamic country with 97% population
being of Muslims and only about 1.8% Hindus. Diplomatic relations between the two are
defined by the history of the violent partition of British India into these two states, and
numerous military conflicts and territorial disputes thereafter.

The seeds of communal conflicts over territorial disputes grew up to be the trees of terrorism
that the current generation observes. There is an alarming urgency to put a bar on these anti-
state activities and maintain healthy and sustainable relations with neighbours.

Indo-Pakistan Border (3,323 Km) runs along the states of Gujarat, Rajasthan, Punjab and
J&K. Direct accessibility of the borders and some technological developments enabling quick
passage of information and transfer of funds has changed the focus and tenor of border
security.

The aftermath of cross border terrorism has created a lot of issues in various multitudes of
relations between the two countries, which we shall further get acknowledged about in this
project.
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OBJECTIVES

 To study relations between India and Pakistan

 To study the aftermath of terrorism in relations

RESEARCH METHODOLOGY
The research methodology adopted is descriptive analytical. The sources of data in the project
are secondary and include - books, websites, discussions on the topic with the subject teacher,
seniors and friends.
 3

CROSS BORDER TERRORISM: MEANING

The Prevention of Terrorism Act, 2002 defines the above mentioned subject matter in the
following manner:

 It defines terrorist activity as one which intends to threaten the unity, integrity,
security or sovereignty of India or strike terror in the minds of people.
 It can either be created through explosive or lethal weapons or any other substance of
hazardous nature to cause death of or injuries to any person and destruction of any
property.
 It is a systematic use of violence against civilians for intimidating a population or
government for political, religious, or ideological goals.
 Cross Border Terrorism includes unconventional tactics like cyber-attacks, political
warfare, perception war, sponsorship of armed proxy fighters etc.

The term „cross-border‟ implies a movement or a activity across a border between the two
countries. This is a form in which soil of one country is used to ceate terror in bordering
countries. As a grey zone conflict, it is an undeclared war and considered to be the highest
form of stategy to bleed a nation for prolonged period by small efforts. There is a worldwide
criticism for this anti state activity, to which UN displays heavy concerns. Last year, in 2018
the Office of the UN High Commissioner for Human Rights (OHCHR) released its first ever
report on the same quoting “neither India nor Pakistan have taken any concrete steps to
address the numerous concerns raised.”
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PAKISTAN AND STATE SPONSORED TERRORISM

Former Pakistan President Pervez Musharraf has admitted that Pakistan supported and trained
terrorist groups like Lashkar-e-Taiba (LeT) in 1990s to carry out militancy in Kashmir.1 From
1979 Pakistan was in favour of religious militancy.2

Pakistan has been depicted a safe haven for terrorist groups.

Al-Qaeda,

Lashkar-e-Omar,

Lashkar-e-Taiba (LeT),

Jaish-e-Mohammed (JeM) and

Sipah-e-Sahaba

Al Badr Mujahideen

Harkat ul Mujahideen

Pakistan is accused of giving aid to the: Taliban

"which include[s] soliciting funding for the Taliban, bankrolling Taliban operations,
providing diplomatic support as the Taliban's virtual emissaries abroad, arranging training for
Taliban fighters, recruiting skilled and unskilled manpower to serve in Taliban armies,
planning and directing offensives, providing and facilitating shipments of ammunition and
fuel, and on several occasions apparently directly providing combat support", as stated by the
Human Rights Watch. In 2008, the US stated that the next attack on the US could originate in
Pakistan.

Hosting terrorist camps

In June 2009, India's army chief, General Deepak Kapoor, used a meeting with US national
security adviser Jim Jones to claim that Pakistan was home to 43 "terrorist camps", while
rejecting suggestions of engaging in fresh peace talks.

Many Kashmiri groups also maintain their headquarters in Pakistan-administered Kashmir,

which is cited as further proof by the Indian Government.

1
"Pakistan supported, trained terror groups: Musharraf". The Hindu. 28 October 2015.
2
"Osama bin Laden, Taliban were heroes for Pakistan: Pervez Musharraf". ibnlive.com. 28 October 2015.
 5

Open public fund raising and recruitment of terrorists from Pakistani society.

Militant outfits about Pakistan

JKLF has openly admitted that more than 3,000 militants from various nationalities were still
being trained.

Sympathizing with militants

Jaish-e-Mohammed - Other resources also concur, stating that Pakistan's military and ISI
both include personnel who sympathize with and help Islamic militants, adding that "ISI has
provided covert but well-documented support to terrorist groups active in Kashmir, including
the Jaish-e-Mohammed." Pakistan has denied any involvement in the terrorist activities in
Kashmir, arguing that it only provides political and moral support to the so-called
'secessionist' groups. Many Kashmiri groups also maintain their headquarters in Pakistan-
administered Kashmir, which is cited as further proof by the Indian Government.

The normally reticent United Nations Organization (UNO) has also publicly increased
pressure on Pakistan on its inability to control its Afghanistan border and not restricting the
activities of Taliban leaders who have been declared by the UN as terrorists.
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FACTORS FACILITATING CROSS-BORDER INCURSION

The following are the factors abetting and benefitting the cross border trespass and terrorism:

 Porous Borders

India‟s borders with most neighbours are porous or unprotected which are extremely easy to
facilitate a trespass. There borders also cannot be physically wired due to complex
geographical features such as mountains, deserts and other landforms. This complexity makes
these borders even furthermore difficult to protect by the security forces.

 Support from Non-State Actors

India has a discordant political relationship with Pakistan which provides material support for
secessionist militants in the border states of North-East and Jammu & Kashmir. In addition to
the above said, Pakistan facilitates movement of its proxies across the border with the only
motive of creating terror in the minds of people of neighbouring states.

 Internal Support

Sometimes the local population also supports and facilitates cross border movements of
terrorists by providing them conveyance and safe places to hide. This could happen due to
multitude of reasons such as identical ethnic affiliation, monetary requirements, fear of life
being a major threatening issue, lack of even minimal education, dissatisfaction from present
governance system, etc.

 Corrupt Officials

Sometimes officials in exchange of a few thousand rupees allow the unabated entry of illegal
migrants whose identities and backgrounds are little known, these channels provide scope to
criminal elements to cross over to mainland India.

During last 15 years thousands of civilians have lost their lives in acts of terrorism, apart
from thousands of defence, paramilitary and police personnel who have sacrificed their lives
in the line of duty. Infiltration and smuggling of narcotics, arms and weapons across the
borders have been matters of constant and unmitigated anxiety to all concerned agencies
manning the borders.
 7

PAKISTAN’S SECURITY AND NUCLEAR POLICY

Since the inception of Pakistan, its main focus has been on national security. Pakistan
started its journey as an independent country with a sense of insecurity and a perceived
threat from its dominant and rival neighboring India. Since the beginning, Pakistan‟s
decision makers perceived a major threat to Pakistan‟s territorial integrity from India‟s
superior military capacity and economic power. Pakistan‟s foreign policy has been
conditioned by two interrelated factors i.e., the fear of India and an urge to seek a
strategic balance with India. For this purpose, Pakistan joined the United Stated military
alliance- South East Asia Treaty Organization (SEATO), in 1954, followed by its entry
into the Bagdad Pact (later CEATO) in 1955,to enhance its own security potential, to
escape the nightmare of being crushed by India.

Pakistan‟s nuclear strategy is deeply rooted in its political thinking. The leadership in
Islamabad has definitely perceived nuclear weapon as an ultimate guarantor of Pakistan‟s
national survival. Pakistan perceives that India will attack Pakistan, grab territory, split
the country or undo partition .The threat became real when India got directly involved in
the 1971 crisis aimed to dismember Pakistan. Pakistan lost 340.38 square miles of its
territory to India; while India lost only 58.38 square miles to Pakistan. After the 1971 war
with India, Pakistan became more sensitive for its security issues. The humiliating defeat
in that war was the major setback to both Pakistan”s “national ideology” and “territorial
integrity”. Pakistan could realize that it is no match to India militarily. The anti- Indian
foreign policy stance and acquiring nuclear weapons became stronger than ever. Zulfikar
Ali Bhutto, the then leader of Pakistan, proclaimed: “if India developed an atom bomb,
we too will develop one, even if we have to eat grass, leaves, or to remain hungry,
because there is no conventional alternative to the Atomic bomb‟.

Consequently, a covert nuclear competition began between the two sub continental rivals
that ultimately culminated in their overt nuclearization in 1998. In pursuit of security,
Pakistan has acquired nuclear missile technology and it continues to pursue that, and yet
Pakistan seems to have a tremendous sense of insecurity against India.
 8

THE KASMIR DISPUTE

South Asia is undoubtedly one of the most war-prone regions in the world with two
neighbors engaged in unresolved conflict over Kashmir. Kashmir dispute has created
special bitterness in the bilateral relations between India and Pakistan, more than anything
else. The geopolitical rivalry between India and Pakistan is rooted in the 1947 communal
partition of the subcontinent. For India, Kashmir is an integral part of its union, while for
Pakistan, Kashmir is a disputed land. For Pakistan, Kashmir with its Muslim majority
state should have acceded to Pakistan according to two nation theory. It describes the
Kashmir as an “unfinished agenda of partition” of the 5 subcontinent in 1947, viz. that the
contiguous Muslim-majority areas, like Kashmir, would constitute Pakistan. On the other
hand, India is rejecting the philosophy of partition, namely, separation on the basis of
religion. However it needs to be highlighted here that such policy was not applied by
India in the case of Junagarh and Hyderabad state. India maintains that Kashmir had
become a part of India when Kashmir‟s ruler Maharaja Hari Singh signed the instrument
of Accession acceding Kashmir to India. Thus India‟s claim on Kashmir is based on this
legal document. On the other hand Pakistan contends that India is validating its
occupation in Kashmir by claiming that the ruler of Jammu and Kashmir had opted for
India by signing the Instrument of Accession. For India, Kashmir is an unfinished
"agenda of partition" which can be fulfilled only after the areas of Pakistan Occupied
Kashmir, Northern Gilgit and Baltistan are integrated with India. Furthermore, from
India‟s standpoint integration of Kashmir is important not only because of its strategic
significance but also because its disintegration would have a spillover effect on other
states leading to the balkanisation of the Indian Union. For Pakistan, the Kashmir issue is
not only crucial for its religious ideology, but is also useful in raising the external threat
of India ready to wage an armed conflict because of Kashmir. General Musharraf in a
speech on January 12, 2002, summed up the centrality of Kashmir in Pakistan‟s jihadi
policy. He said, “Kashmir runs in our blood. No Pakistani can afford to sever links with
Kashmir. The entire Pakistan and the world know this. We will continue to extend our
moral, political, and diplomatic support to Kashmiris. We will never budge an inch from
our principal stand on Kashmir”.

For Pakistan, Kashmir has far greater importance for economic, ethnic, and strategic
reasons. The World Community got involved in this matter when Kashmir Issue was
referred to the UN Security Council by India as a complaint against Pakistan on 1 January
1948 in the wake of the invasion of tribes men in Kashmir. Pakistan filed a counter-
complaint in the UN. In January 1949, the UN Security Council ordered cease-fire and
passed resolution for holding a plebiscite in Kashmir to decide the fate of Kashmir . Till
date plebiscite could not take place in Kashmir. The resolution recommended Pakistan to
withdraw all troops from Pakistan-Occupied Kashmir as a pre-requisite for holding a
plebiscite; Pakistan ignored the UN mandate, did not withdraw its 6 troops and claimed
the withdrawal of Indian forces was a pre-requisite as per this resolution . Kashmir
 9

attracts the global community from time to time, but no concrete steps have been taken to
resolve the problem. This contested issue remains one of the crucial problems in bilateral
relations between India and Pakistan. The unresolved dispute has also been a major drain
on the resources of the two countries and has been a stumbling block to normalizing
relations between them.

In 1972 India and Pakistan signed Simla Agreement, by which both countries agreed to
settle all issues by peaceful means using mutual dialogue in accordance with the UN
charter. Pakistan‟s efforts over the time to internationalize the Kashmir issue were not
appreciated by India. India is demanding the issue to be resolved through bilateral
negotiations as per the Simla agreement. Any attempt of third party intervention is widely
criticized by India. In the post Simla agreement period, for International community
Kashmir is rather a bilateral issue to be discussed at the negotiating table by India and
Pakistan. The US position has also been to resolve the Kashmir dispute on the basis of the
Simla Agreement. However, after the conduct of nuclear tests by both countries, the
American Secretary of State, Madeleine Albright, said that the US was "re-examining the
underlying political problems between India and Pakistan including Kashmir."The
dynamics of Kashmir rivalry has entered into the new escalation-prone phase at the turn
of the century. India and Pakistan went overtly nuclear in May 1998 when India
conducted five nuclear tests and Pakistan responded by conducting six nuclear tests to
match India‟s number of nuclear explosions.
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THE URI ATTACKS AND SURGICAL STRIKE

(29th September, 2016)

Four terrorists attacked 12th Brigade of the army in Uri sector on Sunday. At around 5.15 am,
terrorists attacked the administrative block of the army. Unarmed soldiers were there,
refilling diesel in barrels from fuel tanks.

Springing a surprise, terrorists lobbed 17 grenades in 3 minutes. This caused a massive fire in
the barracks and tents in about 150-metre radius, where 13 soldiers were burnt alive
instantaneously. Many others received severe burns. Four soldiers succumbed to their injuries
later in army hospital. After the six-hour gun-battle all the four terrorists were eliminated.
More than 20 soldiers were injured, who were sent to hospital for treatment. This was the
biggest terrorist attack on an army camp in 26 years. The slain terrorists had some items,
which had Pakistani markings. Initial reports indicate that the slain terrorists belong to Jaish-
e-Mohammed tanzeem.

To avenge the fallen soldiers, Indian Army successfully conducted a Surgical Strike, to which
Indian Prime Minister Narendra Modi claimed and proved his worthy status. On observing
the inactive and unreliable Pakistani military institutions, Indian army decided it better to
cross the Line-of-Control (LOC) and raid the terrorist camps situated at the Pakistani
Borders. In response to the same, Pakistan rejected the claim of a surgical strike, alleging the
Indian army in killing of two Pakistani soldiers and wounding nine and subjected the same
calling it “Fabrication of the truth.”

Following the military raid, in anticipation of cross-border shelling from Pakistan, Indian
authorities evacuated 10,000 residents of villages located within ten kilometres of the border,
in the states of Punjab and Jammu and Kashmir. Military surveillance was also stepped up
along the Line of Control.
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THE PULWAMA ATTACK

(14th February, 2019)

On 14 February 2019, a convoy of vehicles carrying security personnel on the Jammu

Srinagar National Highway was attacked by a vehicle-borne suicide bomber at Lethpora in
the Pulwama district, Jammu and Kashmir, India. The attack resulted in the deaths of 40
Central Reserve Police Force (CRPF) personnel and the attacker. The responsibility for the
attack was claimed by the Pakistan-based Islamist militant group Jaish-e-Mohammed. The
attacker was Adil Ahmad Dar, a local from Pulwama district, and a member of Jaish-e-
Mohammed. India has blamed Pakistan for the attack. Pakistan condemned the attack and
denied any connection to it.

Protests, bandhs and candle light marches were held across India. There were violent protests
in Jammu resulting in a curfew being imposed starting 14 February. The Indian community in
the United Kingdom held protests outside the Pakistan High Commission in London. A
delegation of Indian doctors cancelled their visit to Pakistan for the 13th Association of
Anaesthesiologists Congress, organised by the South Asian Association for Regional
Cooperation, in Lahore on 7 March. Indian broadcaster DD Sport said it would no longer
broadcast Pakistan Super League cricket matches. The All Indian Cine Workers Association
announced a ban on Pakistani actors and artists in the Indian film industry, and stated that
strong action would be taken on any organisation violating it. The Indian Film and Television
Directors' Association also announced a ban on Pakistani artists in films and music produced
in India; the president of the organisation threatened to "vandalise" the sets of any Indian film
production with Pakistani artists. The All Indian Cine Workers Association (AICWA) also
announced a blanket ban on associating with the Pakistani actors and artists working in the
Indian film industry.

In display of aggression to the same, On 26 February, twelve Mirage 2000 jets of the Indian
Air Force crossed the Line of Control and dropped bombs into Balakot, Pakistan. India
claimed that it attacked a Jaish-e-Mohammed training camp and killed a large number of
terrorists, reported to be between 300 and 350. Pakistan claimed that they quickly scrambled
jets to intercept the IAF jets, who dropped their payloads to quickly return over the Line of
Control.
 12

THE KARGIL CONFLICT: A WAR OR INCURSION

(3rd May, 2019 – 26th July, 2019)

It appears from some media reports that the Kargil conflict was more of a fight against the
Pakistani mujahideens combined with the regular Pakistani military troops than that of some
well-declared war. The reports have stated that, the terror groups initially occupied the
heights of the ambush area, later they were assisted by the Pakistani troops. India remained
blissfully unaware of these major incursions till some shepherds informed of the same; So
much for Indian Intelligence.

Adding to the above said, the Indian Army fought against the militants when they were
attacked; as a mandatory reflex to protect the territory from getting occupied by the alleged
terror groups.

The BJP government decided to convert the whole situation to its advantage by exploiting the
emotions of the nation. For all their proclaimed independence, TV channels were roped in
and they became willing tools. As coffin after coffin draped in the national flag arrived at
Delhi airport, the scenes were shown on live TV. The burning funeral pyres in villages were
also made a part of the exercise. As expected, all this display aroused national sentiment and
won sympathy for the government.
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CURRENT TENSION IN RELATIONS

Pakistan has formally suspended its trade relations with India after New Delhi revoked
Jammu and Kashmir's special status. On Friday, the federal cabinet headed by Prime Minister
Imran Khan endorsed the decisions taken by the National Security Committee and the joint
session of parliament, which includes suspension of trade ties with India, the Dawn reported.

Trade relations between the two neighbours were already strained following the Pulwama
terror attack as India imposed 200 per cent customs duty on all goods imported from the
neighbouring nation. Imports from Pakistan declined by 92 per cent to USD 2.84 million in
March this year compared to USD 34.61 million in March 2018, according to the commerce
ministry data. During January-March period of 2018-19 fiscal, imports from Pakistan
declined by 47 per cent to USD 53.65 million.

Two notifications were issued soon after the cabinet meeting to implement the decision to
suspend bilateral trade with India with immediate effect and until further orders, the report
said.

One notification suspends all kind of exports to India, while the other banned import of goods
of Indian origin or those imported from it. Earlier, this ban was only limited to imports from
Israel with which Pakistan has no trade ties at all.

Pakistan's imports have already entered negative growth with almost all countries, except
India, as Islamabad mostly imports raw materials from India, the report said.

According to a data of Indian Council for Research on International Economic Relations

(ICRIER), the total exports from India to Pakistan in the financial year 2018-2019 was
around USD 2 billion. The major items exported by India include chemical products and
textiles among others, and the imported items include mineral products and vegetable items.

On Monday, India revoked Article 370 to withdraw the special status to Jammu and Kashmir
and bifurcated the region into two Union Territories - Jammu and Kashmir, and Ladakh.

In reaction to India's move, Pakistan on Wednesday downgraded diplomatic ties with India
by expelling Indian High Commissioner Ajay Bisaria and announced that it would also
suspend trade relations with New Delhi. India has said Jammu and Kashmir was an integral
part of India and the issue was strictly internal to the country. Pakistan has also suspended
import of Indian goods under the Pak-Afghan transit treaty, Special Assistant to the Prime
Minister on Information Firdous Ashiq Awan told a media briefing on Friday.
 14

CONCLUSION

The relations between India and Pakistan have been in a state of constant flux, ever since
their independence. They have fought four wars. Military confrontation between them has
been the reason for other developmental and economic issues being pushed into the
background. Needless to say South Asian countries constitute over 40% of the global poverty
and need enormous resources and efforts to eliminate the scourge of poverty but
unprecedented defence expenditure has prevented both India and Pakistan to do that. Security
issues continued to remain the pivot around which countries of the region have shaped their
national and regional policies.

In an increasingly interdependent world, we see regional cooperation as the best venue to

reduce tension, resolve conflict and to succeed in the competitive markets in our global
village.

Individual nation-state can only survive and prosper only by integrating into regional
cooperation mechanisms. The model of the European Union is an encouraging and inspiring
one. We cannot dare to compare the intra trade of SAARC with the European Union. The
intra trade of EU is 63.4%, while SAARC internal trade, could not cross the level of 3.4%,
due to high tariffs, hostilities between nations, lack of common customs union and absence of
harmonized commercial processes. Replicating the experience of the EU in our region is a
huge challenge but 12 not an impossible task. In this context, serious and sustained
commitment, planning, and efforts by all countries of the region are necessary. Peace and
stability are prerequisites for economic development, trade and politico-socio-cultural
relations.

There is a huge potential for the expansion of bilateral trade between India and
Pakistan. The Indo-Pak relationship has not reached a stage yet where the economic logic
takes precedence over the political differences between the two countries. The existing
barriers that restrict the movement of people, goods and investment within and across the
region, need to be dismantled to unlock the development potential of South Asia. It should be
possible for the two dominant South Asian countries to convert the entire Indo-Pak border
into soft border. Both countries need to engage in continuous dialogue process so that gradual
and steady progress could be made in resolving their contentious and intractable issues. There
is no other alternative to continuous dialogue process. Political will and seriousness on both
sides of the border is essential to usher in peace between the two countries.
 15

REFERENCES

 https://economictimes.indiatimes.com/magazines/panache/pulwama-attack-all-indian-cine-
workers-association-announces-blanket-ban-on-pak-
artistes/articleshow/68046900.cms?from=mdr
 https://idsa.in/taxonomy/term/195
 https://www.aljazeera.com/indepth/spotlight/kashmirtheforgottenconflict/2011/06/20116
15113058224115.html
 https://www.bbc.com/news/10537286