Pakistan-India Relations

Kashmir issue

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 Kashmir: An Introduction
• Kashmir is a region located in the northwestern part
of the Indian subcontinent

• Kashmir is the jugular vein of Pakistan

• Kashmir is the vital source of water flow to most

rivers of Pakistan

• An unfinished agenda of subcontinential division

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 History Of Conflict
• The Indian Independence Act, 1935 aimed at dividing
United India into The Union of India and The
Dominion of Pakistan

• According to this act, different states had the option of

choosing whether they wanted to be a part of India or
Pakistan

• At that time Kashmir was ruled by a Hindu named

Maharaja Hari Singh
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• In October 1947 a Muslim revolution of freedom
took place

• The Maharaja signed an “Instrument of Accession” to

Indian government providing them control over the
Kashmir region

• This was unacceptable to Pakistan

• Locals of the surrounding area decided to move

forward into the region in order to liberate Kashmir
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• Maharaja requested India to assist

• India offered to help only if Kashmir is officially a

part of India

• After signing necessary documents India started to

advance into Kashmir with military support
leading to the events of 1948 war

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 The Genesis Of Conflict: 1947
Initially, in 1947, the Maharaja of Jammu and Kashmir
Hari Singh, opposed either to join Pakistan or India

He signed an agreement with Pakistan on August 16,

1947 and tried to sign a similar agreement with India as
well

At the time of independence public uprising started

between Hindus, Muslims and Sikhs

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• On October 22, 1947, the Pathan-armed tribes of the
Northwest Frontier Province (NWFP) entered
Kashmir in support of the Kashmiri
Muslims/Freedom fighters

• Hari Singh wanted India’s military support in order

to counter the Muslim freedom fighters but India
offered to help only once Kashmir was officially a
part of India

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• India proceeded with the accession after consulting
Sheikh Abdullah, the leader of the National
Conference (NC)

• Hari Singh signed the accord on October 27 and on

the same day Indian armed forces invaded Kashmir
to crush the freedom movement

• This was a source to tremendous strain for Pakistani

Governor-General Mohammed Ali Jinnah

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• On October 27th, he ordered Lt. General Sir
Douglas Gracey, Chief of Pakistan Army, to send
Pakistani troops into Kashmir but he was reluctant

• Freedom fighter continued their struggle with the

support of Pak Army

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 Plebiscite Or Referendum Under
International Auspices: 1948
• In 1948 Jinnah sent Pakistani regular troops to
Kashmir

• On January 1, 1948, India’s Prime Minister

Jawaharlal Nehru followed the advice of British
Governor General Lord Mountbatten

• He raised the issue with the UN Security Council

calling for a peaceful agreement on disputes between
India and Pakistan
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• In response India promised to hold a “plebiscite or
referendum under international auspices,” as soon as
the freedom movement is curtailed

• On January 20 and on April 21, 1948 the Security

Council established a three-member and a five
member UN commission on India and Pakistan
(UNCIP) and sent them to Kashmir to investigate
the situation

• Until July 1948, Pakistani tribesmen continued

fighting in cause of the freedom struggle.
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• On August 13, UNCIP passed a resolution informing
both countries to cease fire and completely withdraw
the Pakistani tribesmen in order to conduct a
plebiscite

• The cease fire took place on 1 January , 1949

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 Cease Fire Line: 1949
• UNCIP sent a Monitoring Group for India and
Pakistan (UNMGIP) to Kashmir on 24 January
1949, to monitor the cease-fire line (CFL)

• This line was renamed in 1972 as the line of control

or line of actual control (LAC)

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 Cease Fire Line: 1949
• In December 1949, the Security Council directed its
President McNaughton to negotiate with India and
Pakistan on the basis of demilitarization plan

• Pakistan agreed on the plan but India ignored it by

taking moral and legal issues of plan which failed the
plan.

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 Demilitarization Proposals: 1951-53
• In April 1951, the US Council appointed Dr. Frank
Graham, as UN representative

• Between December 1951 and February 1953,

Graham tried to convince both countries to accept
his demilitarization proposals which mentioned the
reduction of the military of both countries along
Kashmiri border before conducting plebiscite but it
failed.

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 Azad Kashmir: 1956
• On 30 October 1956, India adopted a constitution for
Kashmir declaring it a part of the Indian Union

• India's Home Minister, Pandit Govind Ballabh

Pant, during his visit to Srinagar, declared that the
State of Jammu and Kashmir is an integral part of
India

• He also said that there can be no question of a

plebiscite to determine its status and forcefully
incorporated Kashmir into India and renamed it as
Jammu Kashmir
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 The Reject of India- 1957

• In February 1957, The Security Council authorized

Its President Gunnar Jarring To advise India and
Pakistan on the proposals of demilitarization and
Plebiscite

• Jarring did not have any success and referred It to

the Security Council in April

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•InSeptember Pakistan President General Ayub Khan
said that his Country was ready to withdraw its troops
from Kashmir

•The Security Council again Sent Frank Graham who

tried to make an agreement between the two
Countries but India again Rejected It

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 Graham Report: 1958
•In March 1958, Graham submitted a report to the
Security Council suggesting to settle the dispute but
as usual India again rejected .

•From mid-1950s onward, the Soviet Union supported

India by its frequent rejection of this report in the UN

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• Since then, the issue died in the Security Council
until it was again raised in 1963 and 1965

• The Indo Pak borders remained mostly quiet during

the period 1949-65. In 1965, India and Pakistan
fought another war

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 The Second Kashmir War: 1965
• Freedom fighters advanced into the Valley in August
1965 hoping that the Kashmiri Muslims would rise
in rebellion against India

• On September 1, when Indian troops crossed the

international border, Pakistan launched a counter
attack on Jammu

• Pakistan also launched “Operation Gibraltar” to

recover Kashmir
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• In response, India launched a series of attacks and
started a war with Pakistan

• As the war continued, the UN Security Council,

supported by Britain and the USSR, called for an
immediate cease-fire, which both countries accepted

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 Tashkent Declaration: 1966
In January 1966, at the invitation of Soviet Premier
Alexsei Kosygin, both Lal Bhadur Shastri and M. Ayub
Khan Khan, met in the city of Tashkent

On January 10 Tashkent Declaration was signed. The

agreement was official and ended by the withdrawal of
the Indo Pakistani forces to the previous cease-fire lines

Shastri died of a heart attack in Tashkent right after

signing the declaration. Mrs. Indira Gandhi succeeded
him

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 The Third War: 1971
In 1971 India and Pakistan fought a third war over
East Pakistan

India created insurgency in East Pakistan by training

and supporting Mukti Bahani movement

Bangladesh was created on 16 Dec 1971 with the

unending Indian support

During this period the Kashmir dispute remained a

secondary issue

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 Simla Agreement: 1972
• On July 2, 1972, Mrs. Gandhi signed the Simla
agreement with Mr. Zulfikar Ali Bhutto, the first
President and later Prime Minister of Pakistan

• Under this agreement both countries agreed to

“settling their differences through bilateral
negotiations ”

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 Simla Agreement: 1972

•Itwas also agreed that in “Jammu and Kashmir, the

Line of Control (LOC) resulting from the cease-fire of
December 17, 1971, shall be respected by both sides
without discrimination to the recognized position of
either side"

•This agreement became the basis for the renewal of

relations between two countries

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 POW’s Agreement: 1973

On July 24, 1973, Mr. Zulfikar Ali Bhutto and Mrs.

Gandhi signed another agreement in New Delhi
agreeing to free all POW’s except for 195 who were
held to be tried but were later released as well without
trial

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 Pakistan Kashmir: 1974

Pakistan separated Gilgit Agency and Baltistan from

Azad Kashmir in 1974, and integrated these areas into
Pakistan same to what India did in 1956

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 The Separatist Muslim Insurgency:
1989
•Pakistan continued to make claims over Kashmir
Meanwhile the Muslim uprising continued to grow

•Three principal umbrella groups were involved in the

uprising. One group, composed of Muslim
fundamentalists

•The second umbrella group was tied to the Jammu

and Kashmir Liberation Front (JKLF) who demanded
an independent Kashmir.
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• The third group was the Jammu and Kashmir
Peoples’ League

• These groups demanded that a plebiscite as

promised by India and guaranteed by the UN
Resolutions of 1948-49 be conducted so that the
Kashmiris could exercise their right of self-
determination

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 Rejection Of India: 1989

•India, however, rejected their demands based on the

argument that in 1956 the Kashmir constituent
assembly acceded to India

•It further argued that the plebiscite was outdated and

that according to the July 1972 Simla agreement,
Pakistan was forced to resolve the Kashmir dispute
bilaterally with India and not under the guidance of
any international organization.

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 Human Right Abuses: 1990

•Theaction of Indian Government dismissed Abdullah’s

government in August 1990

•Under the July 1990 Jammu and Kashmir Disturbed

Areas Act and Armed Forces Special Powers Act, the
security forces forcefully committed a series of human
right abuses

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The abuses included the following:
• Staged “encounters” for the deaths of victims, who
died in police custody

• Cruel treatment of prisoners and suspects with

beatings, burnings with cigarettes, suspension by
the feet and electric shocks

• Random arrest and detention of the suspects for

more than 12 months

• Searching and arresting suspects without a warrant

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The Kashmiri Insurgency Intensifies-
Indo-Pak Conflict

In the midst of the Kashmir Muslim uprising,

tensions between India and Pakistan became
intense specially during in May 1990

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• Despite these hostile relations, India and Pakistan
held several talks at foreign secretary levels between
1990 and January 1994, but without any results

• Pakistan insisted that India stop its insurgency

operations and gross violations of human rights,
while India insisted that that the talks should focus
on Pakistan’s support to the Muslim uprising

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 Eight Joint Working Group

• After Benazir’s second tenure, Nawaz Sharif took

office as Prime Minister in February 1997 Indo-Pak
relations temporarily soften

• Several meetings were held and as a result eight

different joint “working groups” were formed that
would look at the Kashmir issue, for the first time
since 1972

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 Kashmir Conflict Resolving
Peacefully: 1998

• These relations changed after the parliament elections of

March 1998 when Indian government that took a hard
stand against Pakistan

• The Home Minister, L. K. Advani, of the new

government threatened to go after the Muslim uprising
even into the Pakistan-occupied Kashmir. Indo-Pakistani
conflicts increased in May 1998

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• On July 29, when Vajpayee and Sharif met at the tenth
summit of the SAARC held in Colombo, Sri Lanka, the
encounter failed

• Sharif insisted to resolve the “core issue” of Kashmir

• India’s foreign secretary, K. Rajhnath, responded by

saying Pakistan’s focus on the issue of Kashmir as
“neurotic”

• In contrast, when they met on September 23, at UN

General Assembly session, in New York, they agreed to
try to resolve the Kashmir issue “peacefully”.
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 The Bush Administration’s Role

• On December 13, 2001 the Indian parliament building was

attacked by the terrorist

• India blamed Pakistan

• Tensions between India and Pakistan got intense. Both

countries started moving military along the Line Of
Control (LOC).

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 Resolving Tensions: 2002
• On 14 May 2002, the Indian government send troops
close to the LOC

• Pakistan also responded by deploying troops to the

borders on 27 May 2002

• These tensions made the two countries come closer to the

war. It was this threat that made British Foreign Secretary,
Jack Straw; U.S. Deputy of Secretary of State, Richard
Armitage; and Defense Secretary, Donald Rumsfeld, to
visit both Pakistan and India in May and June 2002 and
they succeeded in resolving tensions.
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 Compromise on Conflict: 2004
• During the SAARC summit meeting, held January 4-6,
2004, Vajpayee met Gen Musharraf on January 5

• They discussed an agreement that had been put

together by Indian and Pakistani officials

• Musharraf said in December 2004, he wanted to

resolve the conflict by negotiations. Therefore, the
leaders gave their approval on the agreement

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 Mushraff Formula to Kashmir issue
Mushraff solution for Kashmir based on four points.
1. Demilitarization or phased withdrawal of troops
2. There will be no change of borders of Kashmir.
However, people of Jammu and Kashmir will be
allowed to move freely across the line of control
(LOC).
3. Self-governance but without independence
4. A joint supervision mechanism in Jammu and
Kashmir involving India, Pakistan and Kashmir.

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 Situation in 2005-08

• 2005 to 2008: Clashes between armed forces,

militants, and protesting civilians continue in J&K,
but not on the same scale as during the peak of
militancy

• November 2008: Terrorists attack various public

places, including prominent luxury hotels, in the port
city of Mumbai

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 Situation in 2010-15
• 2010: Protests erupt in J&K over a young Kashmiri
protester’s killing

• 2011: 2,000 unmarked graves found near the LoC

• 2013: Afzal Guru hanged

• March 2015: The BJP forms a government in J&K with

People’s Democratic Party for the first time.

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 Situation in 2016
• April 2016: Mehbooba Mufti becomes chief minister
after the death of her father Mufti Mohammad
Sayeed.

• July 2016: Burhan Wani, another young Kashmiri,

killed by armed forces. J&K state erupts in massive
protests. Curfew imposed for several months

• September 2016: Terrorist attack Indian Army base

in Uri, J&K

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 Situation in 2017-18
• July 2017: Thousands of residents of J&K came
out to the streets to commemorate Burhan
Wani’s death

• June 2018: BJP government pulls out of alliance

with PDP

• November 2018: Governor Satya Pal Malik

dissolves legislative assembly

• December 2018: Central rule declared in the state.

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 Situation in 2019
• February 2019: A vehicle loaded with explosives
crashes into an Indian paramilitary convoy in
Pulwama, killing 40 personnel India blames
Pakistan
• Plans to carry out retributive strikes on LoC in
Pakistan’s Balakot region
• Two Indian military air crafts enter Pakistani air
space and were shot down by Pak Air Force
• One Indian Air Force pilot captured alive by
Pakistan

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• May 2019: The BJP returns to power for a second
term in India

• July 2019: US president Donald Trump offers to

mediate the Kashmir issue between India and
Pakistan

• August 2019: Large number of Indian troops moved

into J&K.

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• August 4: Prominent Kashmiri leaders, including
former chief ministers Omar Abdullah and
Mehbooba Mufti, placed under house arrest

• Internet and mobile services curtailed, and section

144, which prevents a gathering of more than four
people in public spaces, imposed

• Gross violation of human rights observed by the

Indian Armed forces specially with respect to use to
pellet guns against unarmed civil protests.

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 Recent Development
In early August 2019, the Indian government
announced that it would make major changes to the
legal status of its Muslim-majority Jammu and
Kashmir (J&K) state, specifically by repealing Article
370 of the Indian Constitution and Section 35A of its
Annex, which provided the state “special”
autonomous status, and by bifurcating the state into
two successor “Union Territories”

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• The changes were enforced on November 1, 2019

• The former princely region’s sovereignty has been

unsettled since 1947 and its territory is divided by a
military “Line of Control,” with Pakistan controlling
about one-third and India’s administering power over
most of the J&K

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• The United Nations considers J&K as disputed
territory, but New Delhi, the status quo party, calls the
recent legal changes an internal matter, and it fails to
accept any other third-party involvement in the
Kashmir issue including the UN

• The United Nations and independent watchdog groups

blame New Delhi for excessive use of illegal force and
gross abuses in J&K specially with respect to human
rights violations
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Following India’s August 2019 actions, numerous
Members of the U.S. Congress went on record in
support of Kashmiri human rights resolution 745,
introduced in December and currently with 40
cosponsors, urges the Indian government to end the
restrictions on communications, human rights
violation and mass detentions in J&K that continue to
date

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Thank You

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