CSS Forums - kindly check my notes

dear seniors, argus has suggested some perpetual questions and asked to prepare these questions. i m starting from the first question which is Kashmir probleb( issues, background and future of problem).

Kashmir problem is with the world since 1947, right after the partition of sub-continent. India has occupied 45 percent of the original Jammu and Kashmir, 35 percent is in possession of Pakistan, and the remaining 20 percent has occupied by China. UN wants both sides to settle the dispute through discussion, but the problem is on what basis the discussion can take place. On Kashmir issue, India and Pakistan had fought three wars in addition to three minor wars.

Background of Problem:

The problem started in 1947 when British were leaving the India after the partition of sub-continent. Pakistan demanded an independent state to be called as Pakistan. When Pakistan became independence, they attacked princely states of Jammu and Kashmir in the guise of tribal Pathans on 20th October, 1947. Since the Mahraja by that time had not decided to join India, the Indian Army did not intervene. It is one of the greatest mistakes in the history that, the Indian Government under the so-called Pandit Jawahar Lal Nehru, did not think of protecting the Kashmir boundaries, till the Mahraja of Jammu and Kashmir asked India for help and finally joined India on 26th October 1947.

By that time, Pakistan had occupied half of the Kashmir i.e, Baltistan, Sakardu, Hunza and Gilgit. The UN Security Council has suggested the Plebiscite in Kashmir. India had given a permission to maintain Law and order situation in Jammu and Kasmir. During the last 56 years a lot of demographic changes took place. Non-Muslims were driven out from the Pakistan occupied areas of Kashmir.

In the current Demograpic changes, there are nine million people in Indian Kashmir, about six million are Muslims, and the rest three million are Buddhist, Hindus and Sikhs. Muslims are still in minority in Jammu.

The dispute is mainly on the Indian part, as Pakistan wants it on the ground that majority of the population is Muslim and according to “Two Nation Theory”, put forward by the founding fathers of Pakistan. India itself declared a Secular state, yet it had accepted the partition of India and recognized Islamic Republic of Pakistan. That logically means, India also believes in Two Nation theory, which is exactly the reverse to the ideal of secularism of India.

Right of Self-Determination:

The UN Resolution on Kashmir has nothing to do with the “Right of Self-Determination” for kashmiris, because they think that there are only two options either to join Indian or Pakistan. There is no third option of Independence or what they call Right of self determination. If it is so, then why should not the right to be extended to other parts of India? Then it should be applicable for all the religions, tribes and linguistic groups. In that case, there will be no independent country, not even India or Pakistan.

Resolution of Dispute:
Although list of proposal for the resolution of Kashmir is quite large but the following major possible solutions has put forward by the leadership of both sides from time to time to resolve the dispute of Kashmir.

1. Plebiscite
2. Line of Control (LOC) as International Border
3. Independent Kashmir
4. United Nations Trusteeship
5. Good Friday Agreement

1. Plebiscite:

United Nations Resolution on August 1948 proposed the plebiscite option for the resolution of Kashmir dispute. The Resolution laid down the principles and the procedures for the free and impartial plebiscite. Both India and Pakistan accepted the United Nation Proposal. However, later differences arose over the interpretation in different clauses of Resolution especially on the issue of demilitarization and disarmed of “Kashmir forces”. India suggested that Azad Kashmir Forces be disbanded and the authority of maintenance of Law and Order situation and administrative responsibility be given to Indian Government. Pakistan, on the other hand, was in favor of withdrawal of both sides of forces from Kashmir.

2. Line of Control (LOC) as International Border:

Resolution of dispute on the basis of line of control or the cease-fire line was proposed by Indian leader after the end of first war of India-Pakistan in 1947-48. The war ended under an agreement worked out through United Nations and the cease-fire was agreed from 1st January 1949. It divided Kashmir into Pakistan administered Kashmir and Northern areas and Indian part of Kashmir. The name of cease-fire line was changed under Simla agreement 1972 as Line of Control.
Pakistan P.M Zulfiqar Ali Bhutto and Indian P.M Indra Gandhi accepted the line of Control but both avoided any written agreement on the issue. It is this reason that all Pakistani leaders from Liaqat Ali Khan to President Pervaiz Musharraf opposed the proposal “ LOC is a part of Problem, we have fought three wars on this issue as such acceptance of LOC as a boundary line is out of Question”.