COSMOS ACADEMY FOR COMPETITIVE EXAMS, MULTAN

KASHMIR ISSUE

"There is no military solution to the Kashmir conflict. Its solution lies in dialogue and engagement
between India and Pakistan, and in the full respect for the human rights of the people of Kashmir."

- Ban Ki-moon, former Secretary-General of the United Nations.

Understanding Kashmir:
Kashmir is a strategic, resource rich, culturally significant and politically important and a flash-point
between Pakistan and India.

Kashmir Dispute
The Kashmir dispute is a long-standing conflict between India and Pakistan over the region of Kashmir,
which is located in South Asia. The dispute dates back to the partition of the Indian subcontinent in
1947, when India and Pakistan became independent from British colonial rule. At that time, the ruler of
Kashmir, Maharaja Hari Singh, chose to accede to India, despite the fact that the region had a Muslim
majority population.

Response of Pakistan
Pakistan contested the accession, arguing that Kashmir should have become part of Pakistan due to its
Muslim majority population.

Result of this Contestation

This led to the first Indo-Pakistani War in 1947-1948, which resulted in a ceasefire line that divided the
region into Indian-administered Kashmir and Pakistan-administered Kashmir. The ceasefire line, known
as the Line of Control, has remained in place since then.

Several Wars between India and Pakistan Over the Region

1) Indo-Pakistani War in 1947-1948
2) Indo-Pakistani War in 1965
3) Indo-Pakistani War in 1971
4) Indo-Pakistani War in 1999 (Kargil)
 Resolutions at the United Nations on Kashmir

1) Resolution No. 39 in 1948: Called for an immediate cessation of hostilities between

India and Pakistan, and a plebiscite to determine the future of the state of Jammu and
Kashmir.
2) Resolution No.47 in 1948: It called for a ceasefire in Kashmir and for both India and
Pakistan to withdraw their troops from the region. It also called for a plebiscite to be
held in Kashmir to determine the future of the region.
3) Resolution No.80 in 1950: It reaffirmed the call for a plebiscite in Kashmir and urged
both India and Pakistan to cooperate with the UN-appointed Commission for India and
Pakistan.
4) Resolution No. 91 in 1951: Resolution called for the UN-appointed Commission to be
given access to both Indian- and Pakistani-administered Kashmir to assess the situation
and make recommendations.
5) Resolution No.122 in 1957: This retreats both India and Pakistan to respect the
ceasefire line in Kashmir and to withdraw their troops to the positions they held before
the outbreak of hostilities in 1947.
6) Resolution No. 123 in 1951: It reaffirmed the call for a plebiscite in Kashmir and urged
India and Pakistan to cooperate with the UN-appointed Commission to implement the
resolution
7) Resolution No. 47/49 in 1992: It Urged India and Pakistan to respect human rights in
Jammu and Kashmir, and to start a dialogue to find a peaceful solution to the Kashmir
conflict.

SEVERAL PROPOSED SOLUTIONS

1. Solution Proposed by the UN: PLEBESCITE

This is the solution proposed by the United Nations, which called for a plebiscite to be held in
Jammu and Kashmir to determine its future status. This solution was supported by Pakistan
but opposed by India, which argued that the Instrument of Accession signed by the Maharaja
of Kashmir in 1947 was valid and that the plebiscite was unnecessary.

2. Solution Proposed by Different Political Parties in Kashmir: AUTONOMY

This solution calls for greater autonomy for the state of Jammu and Kashmir within the Indian Union.
This solution has been supported by some political parties in Jammu and Kashmir, as well as by some
civil society groups and intellectuals. India had granted special status to Jammu and Kashmir under
Article 370 of the Indian Constitution, but it was revoked in 2019.

3. Partitioned of Kashmir between India and Pakistan along the Line of Control (LoC)
This solution was suggested by former Pakistani President Pervez Musharraf in 2006 as part of his four-
point formula for resolving the Kashmir conflict. However, it was rejected by India, which argued that it
would not accept any solution that involved changing the borders of Jammu and Kashmir.

4. Independence of Kashmir supported by Civil Society Groups

This solution calls for Jammu and Kashmir to become an independent country, supported by some
political parties and civil society groups in Jammu and Kashmir, as well as by some international
organizations and human rights groups. However, it is opposed by both India and Pakistan, which both
claim the territory.

5. Autonomy with Joint Control

In 1953, former Indian Prime Minister Jawaharlal Nehru proposed autonomy with joint control as a
solution to the Kashmir issue. This proposal suggested that Jammu and Kashmir would be granted
autonomy, and India and Pakistan would jointly administer defense, foreign affairs, and communications
in the region.

6. The Musharraf Plan:

In 2006, former Pakistani President Pervez Musharraf proposed a four-point formula for resolving the
Kashmir conflict. This formula included self-governance, demilitarization, joint control, and a phased
withdrawal of troops. The proposal was not accepted by India.

7. The Shimla Agreement:

In 1972, India and Pakistan signed the Shimla Agreement, which aimed to end the conflict between the
two countries. The agreement affirmed the principle of the sanctity of the LoC and called for the
peaceful resolution of all disputes between the two countries, including the Kashmir conflict.

COMPLEXITY OF THE KASHMIR ISSUE

1) FROZEN POLITICAL CONFLICT:

According to Stephen P. Cohen, a senior fellow at the Brookings Institution, the Kashmir issue is a
classic example of the "frozen conflict" in which both India and Pakistan are unable to find a solution
due to domestic political considerations. The conflict is further complicated by the presence of
different ethnic, religious, and linguistic groups in the region.

2) HISTORICAL COMPLEXITY: ROOTS IN BRITISH COLONIALISM

Ayesha Jalal argues that the Kashmir issue is rooted in the history of British colonialism in South
Asia, which created artificial borders and fomented ethnic and religious divisions. The Kashmir
conflict is also linked to the history of the partition of India in 1947 and the subsequent wars
between India and Pakistan.

3) LEGAL COMPLEXITY:DOCUMENT OF INSTRUMENT-an issue

Kashmir issue is complicated by the different legal interpretations of the Instrument of Accession
signed by the Maharaja of Kashmir in 1947, which is contested by both India and Pakistan

4) Geo-Political Complexity: A Flash Point

Kashmir issue has become a flashpoint in the broader India-Pakistan relationship, which is
complicated by regional and global power dynamics. The conflict has also been influenced by the
role of China, which borders both India and Pakistan and has strategic interests in the region.

5) Geo-Strategic Complexity: A Geography of most importance significance

6) Identity Complexity: A Land Sandwiched between War Monger Hindtuva and Pragmatic Islam
7) Complexity in International law: Weakness of Enforcement for Kashmir

Suggestions

1) Greater Autonomy
2) Soft Borders
3) Creation of New State within the Region with recognition of International Community
4) Demilitarization of the Zone
5) Join Management of the Region
6) Two State Solution
7) The UN supported enforced settlement of dispute

Way and Means for Pakistan

1) Find a peaceful and just solution to the Kashmir issue using repeatedly bi-lateral talks options
2) Raise Awareness of Kashmir Issue in International Community using Diplomacy and Lobbying
3) Highlight the “Use of Force” element by Indians in Kashmir at different forums
4) Highlight the “Violation of International Humanitarian Laws” at different forums
5) Continue “Moral and Diplomatic” Support to Kashmiri People and Leaders
6) Raise the vocals regarding “ Right of Self Determination”
7) Engage the regional “Mediators”