Last updated: Oct 2018

mmahindro@yahoo.com

Why normalization of relations between India and

Pakistan appears to be a dream?

Relations between India and Pakistan have remained strained since the birth of these two
countries in 1947. These have been on account of specific political issues namely the Kashmir
dispute, Siachen, Sir Creek, above all the trust deficit which has its roots in the history when the
Pakistan movement was going on in British India. The memories related to the partition of the
subcontinent are not less than a nightmare as it resulted into displacement of 12.5 million people
and killing of about half a million Muslims and Hindus mostly Muslims in communal riots during
migration to the newly born states due to insufficient security arrangements. This sowed the seeds
of hatred from the very outset in the people of both the countries. Additionally, there were
territorial disputes which overshadowed their relations. These disputes remained unresolved and
took the countries to three major wars and numerous armed skirmishes and military standoffs. The
Kashmir dispute remained the epicenter of all these conflicts tensions except 1971 war which
resulted into the dismemberment of East Pakistan (Bangladesh).
There have been so many attempts to improve the relations —notably, the Shimla summit,
the Agra summit, and the Lahore summit but no one helped to resolve the real issue of Kashmir.
Rather situations became extremely tense on occasions when in early 1980s Indian forces occupied
Siachen glacier in Kashmir ultimately resulting in a war at the highest altitude battleground. Indian
and Pakistani nuclear tests in 1998 and the 1999 Kargil war in Kashmir also kept these countries
from coming close to each other. At times some confidence-building measures, like the 2003
ceasefire agreement and the Delhi–Lahore Bus service, were also taken. However, these efforts
were neutralized by terrorist attacks like the 2001 Indian Parliament attack, 2007 Samjhauta
express bombing, which killed 68 civilians mostly Pakistanis and the 2008 Mumbai attacks carried
out by Pakistani militants happened to be a severe blow to the ongoing India-Pakistan peace talks.

Historical background of the conflicts:

According to the June 1947 partition plan for the sub-continent all the 562 princely states of
the sub-continent were allowed to decide to join either of the two countries, which was of course
against the spirit of democracy as ruler of the princely state was given the power to decide about
the fate of his people without seeking their consent. Subsequently, this injustice done to the people
of some of the princely states particularly Kashmir resulted into hostilities between Pakistan and
India as Hindu Raja of the state acceded Kashmir to India against the will of its majority Muslim
population. The decisions of some of the princely-states which shaped the Pakistan-India
relationship considerably in the years to come are as under:

Junagadh dispute:
 Junagadh was a state in the southwest of Gujarat, with the principalities of Manavadar,
Mangrol, and Babriawad. It was not contiguous to Pakistan. This was a Hindu majority state while
the ruler Nawab Mahabat Khan was a Muslim. In accordance with the provisions of the partition
plan, he decided to accede to Pakistan on 15 August 1947. Pakistan confirmed the acceptance of
the accession on 15 September 1947. Hence dejure it became Pakistan. Mainland Pakistan was
linked to this state through the sea. India did not accept this accession on the pretext that Hindu
majority of the state wanted to be part of India. However, India sent troops to the state and occupied
it on 9 November 1947. Nawab of Junagadh and his family fled to Pakistan. Pakistan took the
matter to the UNO, which is still lying there. For resolution

Kashmir Issue:
Kashmir was a Muslim-majority princely state, ruled by a Hindu Maharaja Hari Singh. At
the time of the partition, Maharaja opted to remain independent instead of joining either of the two
countries. Accordingly, he offered a standstill agreement (for maintaining the status quo) to both
India and Pakistan. India refused the offer, but Pakistan accepted it.

Rumors spread in Pakistan that Hari Singh was trying to accede Kashmir to India. Alarmed
by this threat, Pashtun Mehsud tribals backed by Pakistani paramilitary forces invaded Kashmir in
October 1947 to seize Kashmir. Pakistani regular troops were dispatched afterward fearing an
Indian occupation of Kashmir by force. These Pakistani forces captured Baramulla on 25 October.
The security forces of Kashmir were too weak to fight the Pakistani troops. This all forced the
Maharaja to request India to safeguard Kashmir. Though Indian Prime Minister Nehru was ready
to send the troops, the acting Governor General of India, Lord Mountbatten, advised the Maharaja
to accede to India before India could send its troops. Hence, considering the emergent situation,
he signed the instrument of accession to the Union of India on 26 October 1947. Immediately the
Indian troops were flown in, and the Pakistani Mujahidins were pushed back out of the Kashmir
valley.

After weeks of intense fighting both India and Pakistan agreed upon a ceasefire and India
sought U.N. arbitration with the promise of a plebiscite. In 1957, north-western Kashmir was fully
integrated into Pakistan, becoming Azad Kashmir (Pakistan-administered Kashmir). In 1962,
China occupied Aksai Chin, the northeastern region bordering Ladakh. In 1984, India captured
more than 80% of the Siachen Glacier.

At present Pakistan’s stand is to grant Kashmiris' right to self-determination through a plebiscite

in accordance with the UN resolution. But India does not want any UN arbitration anymore on the
issue and claims occupied Kashmir as its integral part.

The issue is still alive and has been the cause of two major wars up till now one in 1947 and
the other in 1965, and a limited Kargil conflict in 1999. The state remains divided between the two
countries by the Line of Control (LoC), which demarcates the ceasefire line agreed upon in 1947.
India plays its role to create Bangladesh:
Following a political crisis in East Pakistan in 1971, India supported the separatist segments
of East Pakistan. Seeing the situation in its favor, it dispatched its regular forces into East Pakistan
to fight against the Pakistani troops in support of the rebelling Bengalis. There was a bloody war
in December 1971, which resulted in the defeat of Pakistani forces and the creation of Bangladesh.

Kargil war:

During the winter months of 1998-99, the Indian army as regular feature vacated its posts at
very high peaks in Kargil sector in Kashmir. Taking advantage of the same and Kasmir being a
disputed territory, and to avenge the forced Indian occupation of Siachen glacier in 1984 Pakistani
Army intruded across the line of control and occupied the posts. Indian army could discover it only
in May 1999 when the snow thawed. This resulted in intense fighting between Indian and Pakistani
forces, known as the Kargil conflict. Backed by the Indian Air Force, the Indian Army regained
some of the posts that Pakistan has occupied. Later on, Pakistan has to withdraw from the
remaining positions also on account of international pressure.

Other territorial disputes:

Pakistan’s other territorial disputes with India are; Siachen Glacier and Sir Creek on which
both India and Pakistan claim right. Pakistan also objects Indian building of Baglihar Dam over
the River Chenab in Jammu and Kashmir which according to Pakistan could affect smooth flow
of water from river Chenab which has exclusively been given to Pakistan as a result of Sind Basin
agreement 1960.

Afghanistan:
Both Pakistan and India consider their relations with Afghanistan as very important, and both
have always made efforts to gain influence in Afghanistan. During the civil war in Afghanistan in
1989 after the withdrawal of Soviet Union forces when Pakistan supported the Taliban group, India
supported the opposite Northern Alliance. Since presently Afghanistan is being governed by the
Northern Alliance India is allegedly taking full benefits of its presence there to destabilize Pakistan
by encouraging separatist movement in Baluchistan.

Likewise, when in 2008 Indian embassy was attacked by Taliban in Kabul it was blamed that
Pakistan's ISI intelligence agency had planned the attack. However, Pakistan tried denied any
responsibility in this connection.

Terrorist activities:

Pakistan has also been accused by India, Afghanistan, and the United States for encouraging
terrorist attacks in Kashmir and Afghanistan. The attack on the Indian Parliament has been the
most severe attack carried out by terrorists so far. India blamed Pakistan for this attack, an
allegation which was vehemently denied by Pakistan. This was the attack which brought the two
nuclear countries to the brink of in 2001–02. However, international efforts deescalated the
situation.

The 2008 Mumbai attacks by ten Pakistani terrorists killed over 173 and wounded 308. The
sole surviving gunman Ajmal Kasab who was arrested during the attacks was found to be a
Pakistani national. He was subsequently sentenced to death by the Indian court. India also blamed
that Lashkar-e-Taiba, a militant group of Pakistan plans and execute attacks on Indian soil which
Pakistan resisted and demanded evidence.

Simla Agreement 1972:

After the 1971 war, Pakistan and India started normalization of relations process.
Accordingly, Indian Prime Minister Indira Gandhi and Pakistani president Zulfikar Ali Bhutto met
in Simla in July 1972 and signed an agreement, by which India returned all Pakistani personnel
(over 90,000) and captured territory in the west, and the two countries agreed to "settle their
differences through bilateral negotiations.

Sir Creek Dispute:

Sir Creek is a 96 km disputed strip of uninhabited marshland which remains inundated with
sea water between India and Pakistan. This creek opens up into the Arabian Sea and divides the
Kutch region of the Indian state of Gujarat and the Sindh province of Pakistan. Sir Creek is named
after a British representative.

During the monsoon season between June and September, the creek goes into a flood.
However, during the winter season, the area becomes the home of migratory birds.

The dispute is the demarcation of the maritime boundary between Kutch of India and Sindh
of Pakistan. Before independence, the region was a part of Bombay Presidency of British India.
After 1947, Sindh became a part of Pakistan while Kutch remained a part of India. The area has
been the scene of fighting in the past, and both sides still patrol their respective sides of the border.
The area remains a source of tension for both the countries as fishermen from both countries
inadvertently cross the maritime border and are caught and subsequently exchanged. However,
both Islamabad and Delhi consider the Sir Creek issue as one of the outstanding issued yet to be
resolved
The Green Line is the boundary as claimed by Pakistan; the red line is the boundary as
claimed by India. The black line is the undisputed section.

Pakistan lays claim to the entire creek as per paras 9 and 10 of the Bombay Government
Resolution of 1914 signed between the then Government of Sindh and Rao Maharaj of Kutch. The
resolution, which demarcated the boundaries between the two territories, included the creek as part
of Sindh, thus setting the boundary as the eastern flank of the creek indicated with the green line.
Whereas India maintains that the boundary lies mid-channel as depicted in another map drawn in
1925, and implemented by the installation of mid-channel pillars back in 1924.

India supports its stance by citing the Thalweg Doctrine in International Law. The law states
that river boundaries between two states if the two states agree, may be divided by the mid-channel.
Though Pakistan does not dispute the 1925 map, it maintains that the Doctrine is not applicable in
this case as it only applies to bodies of water that are navigable, whereas Sir Creek is not. India
rejects the Pakistani stance by maintaining that the creek is navigable in high tide situation, and
also for the reason that fishing trawlers use it to go out to sea.

In April 1965, a dispute there, also lead to the Indo-Pakistani War of 1965. Later the same
year, British Prime Minister Harold Wilson successfully persuaded both countries to end hostilities
and set up a tribunal to resolve the dispute.

The creek has little military value but is having much economic value as the region is
considered rich in oil and gas. Also once the boundaries are defined; it would help in expanding
the offshore maritime boundaries (i.e., Exclusive Economic Zones and Continental shelves) of the
gainer nation.
 In the absence of any breakthrough on this issue, Pakistan has proposed that the two sides
should go for international arbitration, which India has refused. India maintains that this is a
bilateral issue it should be resolved bilaterally without the intervention of third-party.

Baglihar Dam:
Baglihar Dam is 450-MW Hydroelectric Power Project on the River Chenab in the
Indian held Kashmir. Construction on this project was started in 1999. Its second phase completed
in 2008.

When construction began in 1999, Pakistan claimed that design parameters of the project
violated the Indus Water Treaty of 1960. The treaty provided India with exclusive control over
three eastern rivers i.e. Bias, Sutlej, and Ravi, while Pakistan exclusive control over the three
western rivers i.e. Indus, Jhelum, and Chenab. However, it contained provisions for India to
establish river-run power projects with limited reservoir capacity and flow control needed for
feasible power generation. Availing this provision India established several run-of-the-river
projects, with Pakistan objecting to these. Also in the case of the Baglihar and Kishanganga
Hydroelectric Plants, Pakistan claimed that some design parameters were beyond the requirements
of feasible power generation and provided India with excessive ability to accelerate or block the
flow of the river, thus giving India strategic leverage in times of political tension or war.

During 1999-2004 India and Pakistan held several rounds of talks on the design of projects,
but could not reach an agreement. After the failure of talks in January 2005, Pakistan raised
objections to the World Bank, a broker, and signatory of Indus Water Treaty. The World Bank
upheld some minor objections of Pakistan and declared that poundage capacity of the dam be
reduced by 13.5%, height be reduced by 1.5 meter and power intake tunnels be raised by 3 meters,
thereby limiting some flow control capabilities of the earlier design. Both parties agreed to the
verdict.

Dialogues and confidence-building measures and the aftermath:

In 1997, high-level Indo-Pakistan talks resumed after a three-year pause. The Prime
Ministers of Pakistan and India met twice, and the foreign secretaries conducted three rounds of
talks. In June 1997, the foreign secretaries identified eight "outstanding issues" around which
continuing talks would be focused. The dispute over the status of Kashmir remained the major
stumbling block in the dialogue. India maintains that the entire former princely state is an integral
part of the Indian union, while Pakistan insists that UN resolutions calling for self-determination
of the people of the state/province must be taken into account.

However, attempts to restart dialogue between the two nations got a significant boost by the
February 1999 meeting of both Prime Ministers in Lahore. In 2001, a summit was called in Agra;
Pakistani President Pervez Musharraf turned up to meet Indian Prime Minister Atal Behari
Vajpayee. In June 2004, both the countries agreed to extend a nuclear testing ban and to set up a
hotline between their foreign secretaries aimed at preventing misunderstandings that might lead to
a nuclear war.
 Under intense international pressure, Islamabad also took action against the militants'
training camps in Pakistan. Other mutual confidence-building measures (CBMs) included; easing
visa restrictions, and restarting of cricket matches between the two were also taken. The new bus
service between Srinagar and Muzaffarabad was started to bring the two sides closer.
Pakistani President Pervez Musharraf sent a planeload of relief supplies to India from Islamabad
to Ahmedabad to help the 2001 Gujarat Earthquake hit people. Likewise, India offered aid to
Pakistan for the 2005 Earthquake affectees in Pakistan. Other platforms such as “Aman ki Asha”
a joint venture and campaign between The Times of India and the Jang Group also tried to bring
the people of both the countries nearer and create a conducive environment for result-oriented
talks.

But despite all these measures and efforts made no significant breakthrough in India Pakistan
relations could be made up till now, the most significant stumbling block remains the unresolved
issue of Kashmir. At present, the relationships between the two countries are at their lowest ebb
once again. This is going on since 2016 when the19th Summit which was to be held in Pakistan in
November 2016 was canceled on account of India and Bhutan’s refusal to attend the same.

---------------------------------------------------------------