KASHMIR ISSUE

1. Introduction/Background
a. Kashmir is a region in the north-west of the Indian subcontinent. It has total
covered area of 222,000 sq km. The Indian and Pakistani administered
portions are divided by a Line of Control (LOC) agreed to in 1972 at the
Simla Agreement.
b. For Pakistan, Kashmir, with its Muslim majority population, is a symbol of the
Two Nation Theory and should, therefore, be part of Pakistan.
c. It represents the unfinished agenda of partition. India completely rejected this
interpretation from the beginning, converting its part of Kashmir into a state.
d. Pakistan’s official position on the issue of Kashmir has been the long-
standing demand that a plebiscite be held in the territory under UN
Resolution 47 (1948).

2. The Partition/UN Resolutions

a. Prior to the partition, the rulers of some 570 princely states were given the
right to opt for either Pakistan or India. Out of all the states, only three had
not acceded to either India or gone immediately to Pakistan. These were
Junagadh, Hyderabad and Kashmir.
b. Kashmir was a Muslim majority (80%) state with a Hindu (Maharaja Hari
Singh) as its ruler. Hari Singh in Oct 1947, allegedly signed an instrument of
Accession to the Indian Union.
c. On alleged signing of Accession, the Indian govt entered troops into Kashmir
in Oct 1947. The reorganization of the Pakistan Army was still underway
when the Kashmir War (an undeclared war of 1947-48) was thrust on it.
d. Through the intercession of the UN, in a ceasefire that took effect on 1 Jan
1949. In July 1949, India and Pakistan defined a Ceasefire Line (CFL) that
still exists, now termed as LOC.
e. UN recognizes Kashmir as a disputed Kashmir.
f. PM Nehru had said that:-
"We have declared that the fate of Kashmir is ultimately to be decided by the
people. We want it to be a fair, just referendum and we shall accept the
verdict". The referendum has not been conducted to date for one reason or
the other and the Indian uncompromising attitude continues.
3. Revocation of Article 370
a. Article 370 of the Indian Constitution allowed the state of Jammu & Kashmir
a certain amount of autonomy includes its own constitution, a separate flag
and a freedom to make laws.
b. Foreign Affairs, Defence and Communications remain the domain of the
Central Govt.
c. Article 370 (35A) also gave special privileges to permanent residents the
exclusive rights to own property in the Jammu and Kashmir. It could also ban
Indians from outside the state from purchasing property or settling there.
d. However, Indian parliament revoked Article 370 on 5 Aug 2019. The region is
now subject to the same central laws as all other Indian territories and people
from outside the state will be able to buy property there.
e. By 31 Oct 2019 not only the rights of permanent residents of Jammu and
Kashmir abolished but the flag of Jammu and Kashmir in the govt secretariat
building in Srinagar was replaced with the Indian flag.
4. Possible Solutions/Efforts for Resolution of the Issue
a. Wars are not a solution as has been the experience of the past.
b. UNSC Resolutions are still useful and can go a long way to address the
Kashmir issue.
c. The international community should realize its role as mediator, and refocus
its attention in South Asia (nuclear flashpoint).
d. Pakistan must continue its aggressive international diplomatic and media
campaign to condemn India and its human rights atrocities in Kashmir.
e. Both countries need to sit across the table and find and amicable solution to
the dispute.
f. Backdoor diplomacy is also a best option.