Historic background and status of Kashmir issue
Introduction
Kashmir is the bone of contention with our closest neighbor Pakistan. The Kashmir issue raised its head since the very transfer of power by British to India with simultaneous division in two parts. Kashmir is integral part of India not only politically as has been asserted by India several times in United Nations. Kashmir has a very ancient cultural background that identifies the region with resat of nation. Let us refer to History of Kashmir by Kalhana written in 12th century. It is stated that Kashmir was then a lake. There is a popular belief that sage Kashyap cut the gap in the hills at Baramulla and thus had drained the lake. After draining the lake, Kashyap asked Brahmins to settle in the area. In medieval times, the Moghal rulers constructed several gardens in Kashmir. One Moghal emperor remarked- If there is paradise on Earth, it is here, it is here, it is here.
Kashmir was ruled by Pashtun Durrani Empire prior to conquer by Maharaha Ranjit Singh in 1819. After war with British in 1845 and 1846, Maharaja Ranjit Singh ceded Kashmir to East India Company by Treaty of Lahore. East India Company sold Kashmir to Maharaja of Jammu for Rs. 55 lakh.
British government enjoyed suzerainty over Indian princely states. The British suzerainty over all princely states in India ended with transfer of power in 1947. The state of Jammu and Kashmir was biggest princely state. Pakistan eyed on Kashmir and expected that the Muslim majority in the region would be adequate region for inclusion in Pakitan. Apparently, Maharaja wanted an independent status. He would definitely not go with Pakistan. But he was also reluctant to accede to India. However revolt by some sections of local militants and pakstan based tribal also called 'Rajakar' forced Maharaja to sign a treaty of accession to India. After signing of treaty between Maharaja and India, the state of Jammu and Kashmi became an integral part of India.
Pakistan did not reconcile to the accession of state of Jammu and Kashmir to India. The Pakistan based infiltrators- Razakars and other continued war. In 1948, Security Council of United nations Organization passed a resolution imposing ceasefire. Pakistan did not withdraw its forces and and as such failed to comply with condition for holding plebiscite in Kashmir. Consequently India distanced from plebiscite. Later United Nations Security Council revised earlier resolution by including a synchronous withdrawal of both Indian and Pakistani troops from the region. India rejected all proposals. These proposals were passed under Chapter VI of United Nations charter and hence were not mandatory. The issue still remains. India asserts that the whole of Jammu & Kashmir is integral part of India. Kashmir has special status and enjoys autonomy within framework of constitution. Several elections have been held and people participated not only in state level elections but also elected representatives to Union parliament. Not only this some leaders of the state of Jammu & Kashmir even became member of Union cabinet. However, the constituencies in Pak occupied Kashmir remain vacant as India cannot hold elections there. Pakistan describes the occupied kashmir as 'Azad Kashmir' (Free Kashmir) implying that the Kashmir in Indian territory is not free. Not only several wars have taken place but also the issue was raised from time to time in U.N.O. It is worth mention that Soviet Union (now Confederation of Independent states) every time vetoed resolutions in favor of India. Indian leaders V.K. Krishna Menon and M.C. Chagala presented Indian case.
Wars with China and Pakistan
India had war with China in 1962. China occupied Aksai Chin. Pakistan and china agreed to Trans Karakoram as line of control between them. Some of this territory is actually part of Jammu & Kashmir that India claims. There were also wars in 1965 and 1971 with Pakistan. Needless to say Kashmir is the apple of discord. Once Pakistani leader Z.A. Bhutto asserted that Pakistan could fight against India even for one thousand years. Once Pakistani top army general and President Musharaff said that Kashmir is 'jugular vein of Pakistan'.
The 1965 war ended in Tashkent agreement that provided for ceasefire and settlement of disputes peacefully. The 1971 war ended in liberation of East Pakistan and a new sovereign state 'Bangladesh' came in existence. The Pakistani forces surrendered to India. This was a very big setback to Pakistan. In 1972, India and Pakistan agreed to settle all issue by peaceful means and mutual discussion in framework of the United Nations charter.
Terrorist activities
Pakistan seems to have learnt the futility of waging direct war. Hence proxy war in shape of terrorist attacks from time to time continues. There are several terrorist groups including Al Qaeda involved in terrorist actions. Many of these call themselves as Mujaheddin (Jehadi or holy crusaders). Pakistan denies any direct involvement in terrorist acts. As regards Kashmir, Pakistan accepts only giving moral support claiming that those fighting in Kashmir are really Kashmir freedom fighters.
Stand taken by both countries
For India, the Kashmir issue is no longer an issue. Maharaja Hari Singh was lawful ruler of the princely state of Jammu and Kashmir when British transferred power to Indians. The Maharaja executed a treaty of accession. This treaty between Maharaja and Governor General of India was a legal act and in conformity with the Government of India Act 1935, Indian Independence Act 1947 and international law. consequently, Kashmir is an integral part of India and autonomy of the region is purely internal matter of India. The legislative assembly of state of Jammu & Kashmir adopted a constitution for perpetual merger of the state with Union of India.
India does not accept resolutions of United Nation Security council passed under chapter VI of United Nations Charter. These are not binding. The Simla agreement requires that all disputes between India and Pakistan should be settled peacefully and bilaterally. Thus there is no room for third country or international intervention.
Pakistan's stand not tenable
Pakistan asserts that Maharaja of jammu & Kashmir signed treaty in duress. This is indeed very ridiculous. Duress if any was caused by Pakistan inspired tribal Razakars. Maharaja on his own would never agree to accede to Pakistan. At best, he could have opted for an independent state. But he ultimately sensed that as independent nation, his state would remain ever vulnerable to Pakistan inspired infiltration and offensive. So, he decided to merge his state with India. H would have also considered past history of Kashmir. Kashmir was hardly free at any time. Once ruled by Pashtun Durrani Empire, the region was conquered by Sikh ruler Ranjit Singh who later ceded the region to East India Company who ultimately sold to Maharaja of Jammu. All this would have led Mahara Hari Singh to arrive at the decision to merge his state with India.
Pakistan's contention is that Kashmir is a Muslim majority state and accordingly, the region should be in Pakistan. Significantly, India rejects two nation theory. Religion cannot be basis for identifying nationhood. This has been proved by the fact that East Pakistan could not remain perpetually in Pakistan and ultimately separated and formed a new state- Bangladesh. Although Pakistan was founded on basis of religion, it was never contemplated that all Muslims would settle there. In fact, it was not possible as both Hindus and Muslims are scattered over entire area- in almost every village. Some regions were randomly selected to form the new state- Pakistan. There was no legal obligation on anyone to settle in India or Pakistan. In fact, both Hindus and Muslims left their original place of residence only because of riots. Still a good number of Muslims are in India and also there are Hindus in Pakistan province Sindh. As such, Muslim majority in Kashmir is no ground for Pakistan's plea. Various Muslim majority states have inimical relations to each other. All this goes to prove falsity of the so called two nation theory.
Pakistan's plea for plebiscite in Kashmir is also illogical. Kashmir cannot be considered in isolation. The state of Jammu & Kashmir consists of three distinct regions- Jammu, Kashmir and Ladakh. So, plebiscite if any would be in entire region and not Kashmir alone. Significantly, people of the state of Jammu & Kashmir have repeatedly expressed themselves by participating in elections to state assembly and Union parliament.
Conclusion
The real issue is that Pakistan as well as China illegally occupy some area of Kashmir. The treaty of accession of state of Jammu & Kashmir is undoubtedly ultimate and binding. There are allegations of human rights violation in Kashmir. But such violation is also in some other places including Pakistan. It is necessary to investigate instances of human rights violation wherever these occur. It can also not be denied that the human rights violation by army are insignificant when we compare these with Pakistan inspired and managed cowardly terrorist acts. There are also some boundary disputes and water sharing disputes as some rivers flow in both countries. All bilateral issues need be settled through peaceful negotiation. However, the fact remains that Kashmir is an integral part of India and aspirations of people of the region must find fulfillment within constitutional framework of India. This is what Pakistan and her well wishers need to keep in mind.
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