History of the Kashmir conflict: Encyclopedia II - History of the Kashmir conflict - Partition dispute and war

History of the Kashmir conflict - Partition dispute and war

In 1935 (before Indian independence), British rulers compelled the Dogra King of Jammu & Kashmir to lease for 60 years parts of his kingdom; parts which went to make up the new Province of the North-West Frontier, in a move designed to strengthen their northern boundaries, especially from Russia.

In 1947, the British dominion of India came to an end with the creation of two new nations, India and Pakistan. Each of the 565 Indian princely states had to decide which of the two new nations to join: secular India or Islamic Pakistan. Jammu and Kashmir, which had a predominantly Muslim population, was one of these autonomous states, ruled by the Dogra King (or Maharaja) Hari Singh. Hari Singh preferred to remain independent and sought to avoid the stress placed on him by either India and Pakistan by playing each against the other.

Pakistani tribals (Kabailis) from North Waziristan entered Kashmir to force the Maharajah out of power as he had avoided a vote to decide Kashmir's fate during partition. The Maharajah was not able to put up against the invasion; he decided to accede Kashmir to India, believing that he would be able to maintain independence. The Indian troops then marched into Kashmir.

History of the Kashmir conflict - Indo-Pakistani War of 1947

The irregular Pakistani tribals made rapid advances into North Kashmir (Baramulla sector). Maharaja Hari Singh and Prime Minister Sheikh Abdullah of Kashmir asked the Government of India to intervene. However, the Government of India pointed out that India and Pakistan had signed an agreement of non-intervention (maintenance of the "status quo") in Jammu and Kashmir; and although tribal fighters from Pakistan had entered Jammu and Kashmir, there was, until then, no iron-clad legal evidence to unequivocally prove that the Government of Pakistan was officially involved. It would be illegal for India to unilaterally intervene (in an open, official capacity) unless Jammu and Kashmir officially joined the Union of India, at which point it would be possible to send in its forces and occupy the remaining parts. Thus the government pressured the maharajah to accede to India.

The Maharaja and Prime Minister would have preferred to stay independent to maintain their power and influence, but desperately needed the Indian military's help when the Pakistani tribal invaders reached the outskirts of Srinagar. Before their arrival into Srinagar, Maharaja Hari Singh and Prime Minister Sheikh Abdullah completed negotiations for acceding Jammu and Kashmir to India in exchange for receiving military aid. The agreement which ceded Jammu and Kashmir to India was signed by the Maharaja and Lord Mountbatten.^[1] Original Accession Document

Pakistan claims that the Maharaja and Prime Minister acted under duress, and that the accession of Kashmir to India is invalidated by a previous agreement between India and Pakistan, to maintain the "status quo". India counters that the invasion of Kashmir by tribals, allegedly aided and instigated by Islamabad, had rendered the agreement null and void. India also points out that the accession of Jammu and Kashmir to India was not just the decision of the ruler Hari Singh, but also of the democratically elected Prime Minister Sheikh Abdullah which reflected the popular will of the people living in Jammu and Kashmir. However, a double standard by India regarding the decisions of independent rulers was apparent as the Nizam of Hyderabad, another princely state, had not acceded to India, but the kingdom was forcibly incorporated with a police action on the grounds that he did not represent the majority population. Thus, while Kashmir's rulers, without a vote by the Kashmiri people to decide their fate, were said by the Indian government to represent Kashmir, the Nizam, another native rule, was said by the Indian government to be not representative of the people.

The resulting war, the First Kashmir War, lasted until 1948, when India moved the issue to the UN Security Council. On 30th March 1951, the Security Council passed resolution 91. The resolution imposed an immediate cease-fire and said that Pakistan should withdraw all presence and had no say in Jammu and Kashmir politics. It stated that India should retain a minimum military presence and stated "that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations".

At that time, the Indian and Pakistani governments agreed to hold that plebiscite but neither side actually removed its troops. The UN Security Council again passed resolution 122 in 1957 which reaffirmed its earlier resolution.

History of the Kashmir conflict - Aftermath of war

The Treaty of Accession signed by Sheikh Abdullah and Maharaja Hari Singh and his heir, the Sardar-e-Riyasat Karan Singh Dogra, was ratified by the popular parliament of the kingdom, dominated by the popular political party of Kashmir, the National Conference led by Sheikh Abdullah. Under the leadership of Bakshi Ghulam Mohammad, a Constituent Assembly of Indian-admistered Jammu and Kashmir (which was also its Legistative Assembly) had ratified the State's accession to India and had adopted a constitution [2] calling for a perpetual merger of the state with India. This constitution was promulgated on 26th January 1957, making Jammu and Kashmir as the only state of India to have a separate constitution (much to the displeasure of many right-wing nationalists in India).

Pakistan still asks for a plebiscite in Kashmir under the UN. However, India is no longer willing to allow a plebiscite as it claims that the situation has changed. A majority of the Hindus who once lived in Kashmir were forced to move out due to separatist activities. On the other hand it claims that Pakistan or China are not willing to return areas occupied by them (mentioned as one of the conditions at the UN).

The ceasefire line is known as the Line of Control (dotted line) and is the pseudo-border between India and Pakistan in most of the Kashmir region.

History of the Kashmir conflict - Sino-Indian War

In 1962, troops from the People's Republic of China and India clashed in territory claimed by both. China had the upper hand throughout the war, resulting in the Chinese administration of the region called Aksai Chin, which continues to date, as well as a strip along the eastern border. In addition to these lands, another smaller area, the Trans-Karakoram, was demarcated as the line of control between China and Pakistan, although parts on the Chinese side are claimed by India to be parts of Kashmir. The line that separates India from China in this region is known as the Line of Actual Control. [3]

History of the Kashmir conflict - 1965 and 1971 Wars

In 1965 and 1971, heavy fighting again broke out between India and Pakistan. The Indo-Pakistani War of 1971 resulted in a defeat of Pakistan in East Pakistan (Bangladesh). The Simla Agreement was signed in 1972 between India and Pakistan. By this treaty, both countries agreed to settle all issues by peaceful means and mutual discussions in the framework of the UN Charter. The treaty is often viewed by many as having cemented the Line of Control as a permanent border between the two nations, although Pakistanis and Kashmiris consider it temporary, pending a final solution.

Adapted from the Wikipedia article "Partition dispute and war", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki