Kashmir

Introduction:
 India efforts to integrate Kashmir into India union did not succeed because major Kashmiris
leaders and parties resisted these efforts
 Kashmiris want that they should themselves decide about their political future, as committed to
them by the UN resolution of 1848-49
 Indian leadership contest this and use force to crush the demand that caused perpetual conflict
between Indian authorities and people of Kashmir
 India has been using security establishment to control Kashmir which often resulted in human
rights violations in Kashmir
 Excess use of security forces and state power by India has Kashmir valley into a “human tragedy”
 Kashmiri people want freedom from India and decide their political future on their own that is not
acceptable to India
Geographical and historical background:
 state of Kashmir and Jammu comprises the regions of Kashmir valley
 according to S.M.Bruke and Slim-ud-Din Qureshi population figure is:
Jammu Kashmir
Muslims Hindus Muslims Hindus
61% 39% 92% 8%
 In present total population of Jammu and Kashmir consist of 77% Muslims and 23% of Hindus
 Jammu and Kashmir conflict dates back to the partition of subcontinent in 1947
 1st India –Pakistan war over Kashmir soon after the independence resulted in division of territory
into Indi held Jammu and Kashmir and smaller area (northern Pakistan like now like Gilgit
Baltastan) with Pakistan
Partition of Sub-Continent:
 According to Mount Batten plan sub-continent of India was become independent on 15 th August
1947, subsequently according to plan British India was divided into 2 independent countries;
Pakistan and India
 According to provision of independence act the rulers of all independent states were given choice
to join either India or Pakistan
 Maharaja of Kashmir stand with Pakistan
 In pursuance of that agreement , the management of line of railway owned by the government of
Jammu and Kashmir and of the postal and telegraphic services and customs in the state continued
to vast in government of Pakistan
 Before partition of subcontinent many leaders tried to persuade the Maharaja for accession of
Kashmir to India
 Maharaja of Farid Kot, Kapurthala , Patiala and rulers of Punjab Hill States who had already
decide to accede to India
 Lord Mount Batten also went to Kashmir with same plans, he was followed by Gandhi
 Maharaja under plan, ordered the Muslim population to disarm themselves and started pouring
Hindus and Sikhs from East Punjab to Kashmir
 People of Kashmir protested against Maharaja
Genesis of the issue
 Lord Mount Batten advised the rulers to accession while keeping in there in mind the
geographical positions of their states and wishes of the peoples freely
 Kashmiris people has natural concerned with the Pakistan
 At time of transfer of power , Muslims constituted about 78% of entire population and around
93% in the valley itself
 Kashmir had religious and cultural affinities with Pakistan
 India would not had any land route to Kashmir
 Boundary commission under Sir Red Cliff, placed the distract of Gurdaspur a Muslim majority
distract to India. In this way land link to Kashmir was provided to India
 Maharaja had lost control over large part of Kashmir, he was enjoying the support of masses. His
force was dispersed and himself was leaving the Kashmir. In these circumstances the letter of
Maharaja offering the accession of Kashmir to India
Indian security forces in Kashmir:
 The deployment of India forces was “150000 central para military forces,50000 rashtrya rifles,
60000 J and K police, 2486 village defense committees, each with a minimum of 12 persons and
3000-4000 Sarkerti militants
 Indian national human rights commission established in 1993
How to solve the situation:
 Government of India should adopt the national human rights commission’s recommendation that
the magistrate or other state official, accompany security forces on cordon search operations to
reduce the potential for abuse , which would also lower the risk to security forces of false
accusations being made against them
 NGO’s human rights NGOs need to coordinate efforts avoid turf wars and maintain to more even
handed position on abuses. In particular:
 National human right commission should fulfil its mandate to provide training for human rights
organizations and regional office of united nation high commissioner for human rights in Bangkok
should help as allowed under its mandate to assist statutory bodies
 United nation high commissioner for human rights should use his good offices to impress on India
that it would be useful for rapporteurs on torture disappearance extra judicial killings and human
rights defenders to take greater interest in Kashmir, particularly in provision of technical advice
 Many national and international groups needs to expand human rights training. Amnesty
international has done training through it national chapter but organization should expand
availability of specially tailored, internet-based human rights education module designed for
situation such as Kashmir
 International committee of Red Cross should take up the issue of common article 3 with Indian
government asking it to restrict operations by security forces. Under this article , an impartial
humanitarian body like ICRC may offers its services to the party in conflict
 Armed forces special power acts create army authority without accountability, a serious problem
in any democracy and a situation that needs review as judicial rulings have suggested
 Accepting national human rights commission’s 2002 recommendations for amendments to the
protection of human rights Acts 1993 under with it operates, to give it right to investigate
allegations of human right violation by security forces including army, paramility forces and the
police
 Indian government has made such use of surrendered militants in security operations as
informants and as police. The policy has caused serious human rights abuses and undermine the
accountability of security forces. The creation of semi-official or official militias and proxis has
ended up causing more problem then is having solved. So surrended militants should not be used
in military operations
 India must honor the pledges that the question of Kashmir would be decided with wishes of the
Kashmiris. Both Indian and Pakistan had accepted that the acquisition of accession would be
decided through the democratic method of free and impartial plebiscite