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Kashmir Issue

November 12, 2011 20:05


     The genesis of the Kashmir issue goes back to the decolonization of British India and its eventual partition into India and Pakistan in 1947 (Bidwai). After independence, India and Pakistan embarked on acquiring neighboring Kingdoms (Hilali, 5). Kashmir was one of the highly sought after Kingdoms by these two countries (5).  This was because Kashmir’s location was vital to the “strategic, economic and defense requirements of both India and Pakistan” (Hilal, 2). Therefore, both countries wanted to hold on to Kashmir arousing a conflict (2).  The Kashmir conflict has led to three wars between India and Pakistan (Carter Center, 2). As a result, the people of Kashmir and the two countries have experienced immense losses (Shekhawat, 2). Official estimates indicate that approximately 40,000 lives have been lost and one million people displaced since 1989 (2). Consequently, numerous peace processes have been initiated in an attempt to solve this issue.  The signing of a cease-fire between India and Pakistan on November 26, 2003 remains as the most remarkable effort so far (Shekhawat, 4). This paper looks at the confrontation between Indian and Pakistani over Kashmir from the partitioning of the British Indian Empire to date.

According to Cohen origin of the Kashmir conflict can be traced to a number of sources (Cohen 1).  However, the failure to administer a peaceful and an acceptable partition of Colonia India and personal short falls of both Indian and Pakistani leaders remain as the main sources of the conflict (1). The British erred by dividing colonial India along religious lines into India and Pakistan.  As a result, India and Pakistan turned out to be predominantly Hindu and Muslim respectively (Bidwai). Accordingly, the problem over Kashmir arose when India claimed all neighboring Hindu-majority area, but rejected claims of Muslim-majority area of Kashmir by Pakistan (Hajni, 1). Besides, Jawaharlal Nehru, the Indian leader and Mohammad Ali Jinnah, the Pakistani leader, were in constant disagreement over the coexistence of Hindus and Muslims in Kashmir (Hilali, 5). Therefore, the actual causes of the Kashmir conflict were not only territorial disputes but also differences in domestic politics and ideologies between Indians and Pakistanis (Hilali, 5).

            Like most conflicts in the world, the Kashmir issue is a paired minority dispute (Carter Center, 2).  In a paired minority dispute, each party involved claim to be weak, threatened and under attack (2). Moreover, any move by one party is likely to be countered by the other in pretence of self defense. Due to the reasons above, the Kashmir conflict has ignited three wars between India and Pakistan, (Indurthy, 2). These wars came about when both countries tried to consolidate their grip over Kashmir. India and Pakistan fought their first war over Kashmir in 1947 (Carter Center, 2). This war prompted the United Nation to draw a ceasefire line in 1949 (Hilali, 2).This ceasefire line was known as the ‘Line of Control’ and ran for about 500 miles (2).  Its purpose was to separate territories controlled by India and Pakistan in the Kashmir area (2). The second war took place on August 1965, when Pakistan initiated the “operation Gibraltar” (Hilali, 12). This operation tried to free Kashmir from India’s control (12). Both sides later accepted the UN Soviet resolution for a ceasefire on 17 September 1965 (12). Lastly, in 1999, India and Pakistan fought again in the town of Kargil (12). A year earlier, both countries had exploited nuclear power (12). Consequently, USA intervened quickly to avert a possible nuclear war (12).

            The Kashmir conflict assumed a global perspective after the emergence of modern-day terrorism, (Cohen, 1). This was because Kashmir harbored training sites for world’s key terrorist groups (Hilali, 1). This meant that initiating a peace process between Pakistan and India was beneficial to both countries as well as the whole world.  Moreover, any conflict over Kashmir would have aggravated terrorism by diverting attention from the war against it (Hilal, 18). As a result, serious interventions in trying to end the sixty year old conflict commenced. On November 26, 2003, a major break-through in finding a permanent solution to the Kashmir issue materialized when a peace treaty between India and Pakistan was signed (Shekhawat, 4). Furthermore, according to the Carter Center more talks followed which saw the two countries adopting different stands (4). Pakistan supports a plebiscite that calls for the Kashmir people to decide their own political status (4). On the other hand, India wants the Line of Control to be converted into an international border (Bidwai). To date, an agreement is yet to be reached, but there is optimism that the ongoing peace process will bear fruits.

         In conclusion, it is true to say that the Kashmir issue is as old as India and Pakistan(Bidwai). Furthermore, maintenance of the status quo by both countries has made the situation worse (Indurthy, 32). This has led to more losses than benefits to both countriesand the people of Kashmir (Shekhawat, 2).  In reaching a resolution, a considerable ground has been gained but this issue remains unsolved.   Therefore, what remains is a responsibility that should be shared between India and Pakistan since the world has done its part (Bose, 2). Both countries should hence respect world opinion and negotiate with each other for a lasting solution to the Kashmir issue (Hilali, 2).

 

Works Cited

 Bidwai, Praful. Kashmir Resolution in Sight. 2007. 10th September 2011

      http://antiwar.com/horton/?articleid=10272

Bose, Sumantra. Kashmir: Roots of Conflict, Paths to peace. Harvard University Press, 2005. 10th 

     September 2011

     http://books.google.co.ke/books?id=3ACMe9WBdNAC&printsec=frontcover&   hl=en&

     source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false

Carter Center. The Kashmiri Conflict: Historical and Prospective Intervention Analyses. 2003. 10th

     September 2011

    http://www.cartercenter.org/documents/1439.pdf

Cohen, Philip Stephen. India, Pakistan and Kashmir. The Brookings Institution: University of Texas, 

     2001.10th September 2011

     http://www.brookings.edu/views/speeches/cohens20011201.pdf

Indurthy, Rathnam. Kashmir Between India and Pakistan: An Intractable Conflict, 1947 to Present. 2003.10th September 2011

     http://www1.appstate.edu/~stefanov/Kashmir%20Between%20India%20and%20Pakistan.pdf

Hajni, Mehraj. The Kashmir Conflict: A Kashmiri Perspective. 10th September 2011.

     http://www.ideals.illinois.edu/bitstream/handle/2142/1546

     The_Kashmir_Conflict_A_Kashmiri_Perspective.pdf?sequence=2

Hilali, Zayd Abu. Historical Developments of the Kashmir Problem and Pakistan’s Policy After 

     September 11 (2001). 10th September 2011

     http://www.sam.gov.tr/perceptions/Volume9/June-August2004/hilali.pdf

Shekhawat, Seema. “Fragile Kashmir, Costs and Hopes for Peace”.Journal of Alternative  

     Perspectives in the Social Sciences Vol 1, No 3 (2009): 976-98.  India: University of Mumbai 10th

     September 2011.

     www.japss.org/upload/29._Seema.pdf

 


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Comments:

Kashmala
May 9, 2012 06:50
Indian occupied Kashmir lags behind other states of Indian with regards to the Juvenile Justice System. The Juvenile Justice System (JJA) enforced in IOK has been found hackneyed and worst owing to the insensitivity of India as well as the puppet regime of IOK. In contravention to international as well as Indian law, the juveniles in Indian occupied Kashmir are either tried under normal court procedures or under draconian Public Safety Act (PSA). There is only one juvenile detention facility in the state
which is not up to the national standards lagging in proper amenities as stipulated in the international as well as Indian law.


http://kashmirvoice.org/?p=678


       

In November 2011, Asian Centre for Human Rights released a report titled “Juvenile Justice of Jammu and Kashmir: Unequal before the Law and Denied Justice in Custody”. The report is an insightful study into the Juvenile Justice System prevailing in IOK and calls for immediate actions to be taken to reform the old and hackneyed system. The report highlights following aspects regarding the shortcomings of the Juvenile Justice System in Jammu and Kashmir state:-

The state government illegally detains minors in preventive custody under Public Safety Act (PSA), which is in contravention to the ruling given by the Supreme Court of India.
Large numbers of minors who have attained adulthood during the detention are charged as adults in violation to the international.
There is no Juvenile Justice Board and Child Welfare Committee existent in IOK and minors are being tried in normal courts.
No separate Juvenile Home for girls exists in the state. The girls are placed in police lock ups and the practice increases the chances of their exploitation multi-fold.
Minors are exposed to high risk of abuse as they are detained with adult criminals during pre-trial detention periods.
The practice of assessing age of minors through school certificates is not being followed in the state.
Juvenile detainees are denied basic facilities like provision of drinking water, electricity, education and other related amenities at the only existing detention facility for the juveniles
Kashmala
May 9, 2012 09:23
Indian Prime Minister Jawahar Lal Nehru accepted that Kashmir is for Kashmiri people and they decide what they want then why UN not arrange the Plebiscite and people of Kashmir decide what they want world community making it difficult issue is very clear

http://kashmirvoice.org/ 

 

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