CSS / PMS FULL LENGTH SOLVED ESSAY ; Kashmir Issue: The Way Forward

Introduction

What is Kashmir Issue?

Historical Perspective of Kashmir

Current Status of the Kashmir

To what extent is it true that the Kashmir issue is difficult to resolve? Yes, it is true because:

1. The UN has failed to play its fundamental role to resolve the Kashmir issue

2. Unfair accession of Kashmir to India by Hari Singh was against the free will of Kashmiris

3. Suspension of Articles 35(A) and 370 are demoting Kashmir's Special Status given by Indian Constitution

4. Modi's Fascist aims are changing Kashmir into a bloodbath.

5. Ongoing Indian Barbarism and curfew are threats to the survival of Kashmir

6. Indian Barbarism is Promoting freedom struggle that leads to chaos and anarchy

7. Division of Hurriyat Leadership is a barrier to the Independence of Kashmir

8. Kashmiri Youth tend towards extremism rather than joining the political movement.

Causes behind the Kashmir Conflict

1. Redcliff's Award

2. Indian Aggression

3. Maharaja Hari Singh's Unfair Accession

4. Gandhi’s Double Game

5. Sheikh Abdullah's Puppet Regime

Consequences of Unfair Accession on Kashmiri People

1. Human Rights Violations

2. 100,000 plus causalities

3. Surge in Extremism

4. Pak-India Tense Relations

5. Three Wars on Kashmir (1948, 1965, 1999)

Steps Already Taken Regarding Kashmir Issue

1. UNSC's Resolutions 47, 51 and 80

2. Establishment of UNMOGIP

3. OIC's Acknowledgement of Kashmir Issue

What measures are required to resolve the Kashmir Issue?

1. Conduct Free and Fair Plebiscite

2. Involvement of Hurriyat Leadership in the Resolution process

3. Promotion of Political and Peaceful means

4. Restoration of Articles 35(A) and 370

5. Threat of International Sanctions on India

6. Deploy UN Peace Keeping Mission in Kashmir

7. Involvement of International Community

8. Inclusion of ICJ on Kashmir Issue

Conclusion

 

Former secretary of India, V.P Menon, once said, “As far plebiscite is concerned, we were completely dishonest”. Such a statement from a government official clearly shows the intention of the state behind the Kashmir issue. At the international level, Kashmir is registered as an international disputed territory between Pakistan and India. The United Nations (UN) has registered many resolutions in UNSC such as 47,51 and 80 to hold a free and fair plebiscite so that Kashmiri people could exercise their right of self-determination without any fear. From a regional perspective, Kashmir has also been considered a disputed territory among OIC nations and China. China has reaffirmed many times that it is a disputed territory and Indian occupation in Jammu Kashmir is against the will of the UN and partition of the subcontinent. At the national level, both India and Pakistan have arranged many dialogues to resolve this issue through peaceful means. However, very little progress has been made regarding the Kashmir resolution. Both countries have faced three wars (148, 1965, and 1999) in this dispute but have never reached any conclusion yet.  Indeed, Kashmir is an international conflict and also a flashpoint to trigger a major war between Pakistan and India. Indian atrocities in Kashmir are also fostering the issue at its peak level– it could destroy the regional peace at large scale. Thus, the need of the hour is to hold a free and fair plebiscite across Kashmir under the UN auspices and without any external interference.

Kashmir is a seventy-five years old international dispute between Pakistan and India. It occurred because of the unfair annexation of Kashmir to India by its ruler Hari Singh. The people of Kashmir were against the annexation and they revolted against the ruler and India (occupied force). Pakistan approached the UN for the resolution because of the inclination of Kashmiris toward Pakistan--because of their religious bond. Soon, the UNSC registered resolution 47 to hold a free and fair plebiscite in Kashmir; so they could exercise the right of self-determination, freely. Thus, to resolve this issue fairly, both countries -Pakistan and India- must support a free and fair plebiscite under the auspices of the UN. This way Kashmir could decide its fate.

Kashmir issue is not a new dispute in international horizon but it erupted soon after the Indian Independence in 1947. First, it was a princely state and Maharaja Hari Singh was its ruler. When independence of India announced in 1947, Kashmir had two options either to choose Pakistan or India. Secondly, Hari Singh wanted to stay independent and in doing so he wrongly offered India to take over Kashmir, It was against the will of the Kashmiri people and they revolted and took some part of Kashmir which is known as Azad Kashmir. Third, in 1948 war started between Pakistan and India for this territory and soon cease-fire was announced after India gave consent to hold a free and fair plebiscite In Kashmir valley. Thus, it is not a new dispute but Kashmir has a history of 75 years.

Currently, the situation in Kashmir valley is not good at all and every day Kashmiri people face brutal restrictions from Indian forces. In 2019, India imposed a curfew in Kashmir valley (IOK) and dozens of people died and were injured due to Indian barbarism. In 2020, Indian government ended the special status of Kashmir with the removal of article 35(A) and 370. Last in 2021, in a response to such acts, they demonstrated against the Indian government heavily and they faced again Indian barbarism, and a curfew was imposed. Pakistan raised the issue at the United Nations but the situation was same. Thus, the current situation in Kashmir is not good at all and it requires the attention of the international community in a true sense.

There are many facts that foster the Kashmir issue but mostly its situation is worst because the UN has failed to play its fundamental role to resolve the Kashmir issue. First, in 1947 the UN registered the first resolution on holding a free and fair plebiscite but could not fulfill its promise. Second, resolution 51 again reiterated and stressed Kashmir’s right to self-determination but again it could not agree with India on holding a plebiscite. Lastly, in 1980 UNSC again registered another resolution and stressed holding a plebiscite in both Kashmir. However, due to Indian aggression and monopoly of big powers, this issue is still at stake. Thus, the non-fulfillment of the UN’s promises Kashmir issue is still fostered in the region.

Another fact Kashmir is not resolving is its unfair accession to India. First, Maharaja Hari Singh annexed the valley to India because he wanted govern Kashmir independently—which was against the Indian Act of 1947. Second, this was an unfair decision because Kashmiri Muslims wanted to join Pakistan. When Hari Singh secretly annexed Kashmir to India then they revolted against their ruler and Indian Forces. In the Last, due to this unfair decision of Hari Singh, the entire valley changed into a bloodbath and a freedom movement started in the valley. The British government pledged to hold a plebiscite in peace but it never happened. Hence, its unfair accession to India was the main factor by which it could not settle peacefully.

Similarly, the Kashmir issue is difficult to resolve because India has suspended its special status. In 2019, the Indian government removes articles 35(A) and 370 from the constitution which give her special status as a disputed territory. Since its suspension, the people of Kashmir have been protesting in the valley and demanding their rights. The Indian government imposed a curfew and started a lockdown in the valley. In last, due to such Indian brutality, everyday people are getting injured and killed by occupied forces. Thus, due to all such violations, the Kashmir issue is much more difficult to resolve in the current context.

Another factor that is a big hurdle in Kashmir resolution is Modi’s fascist regime and his ambitious aims which changed Kashmir into a bloodbath. First, he tried to remove Kashmir special status through amendments in the Indian constitution. This happened because he wanted to annex Kashmir by force—which is illegal and against Indian Act 1947. Second, due to his strict orders, Indian forces are killing Kashmiris every day, brutally. Such kinds of actions increase extremism rather than fear in the Kashmiri people. Lastly, Modi wants to spread Hinduism in the entire region and to fulfill such aims he is doing everything to get Kashmir this way or that way. In doing so, Kashmir is not going to resolve but it will foster rapidly than before.

Another fact that is hindering the resolution process is ongoing Indian Barbarism and curfew. First, both are threats to the survival of the Kashmiri people and due to such brutality, Kashmiri are losing their beloved ones daily. Second, every month Kashmiri people face a new restriction and humiliation which not only hurts their sentiments but a sense of avenge prevails in their minds. Lastly, such brutality is fostering the peace process and making Kashmir youth extremists and freedom fighters every day. For instance, Burhan Wani, a medical student, became freedom fighter and attacked Palwama sector of Indian forces. Thus, all such barbaric events led by Indian forces is the biggest hindrance to Kashmir's resolution.

Another thing due to which Kashmir issue is not resolving is that Indian barbarism is promoting anarchy and chaos in the valley. First, imposing a curfew and beating the elderly and youth with black and blue is making the situation worse. They are choosing the wrong way to get their revenge on Indian forces. Second, due to all such tortures and restrictions, they feel insecure in the valley and they are trying to get rid of all such restrictions. Last, Indian barbarism is unfair and against human rights and that is why the Kashmiri people adopt every means to end this cruelty. Therefore, Indian barbarism is the biggest hurdle to settling this dispute as per Kashmiri’s will.

One another fact that is a hurdle in its resolution is that Hurriyat leadership is not on a single page. First, they have a lot of Hurriyat groups which have different aims. For instance, the Gillani group is on one side, and the Malik group is on another side. Second, Due to less alignment of Hurriyat leadership Kashmir issue is getting the pace the way it should. Their voice is not unanimous and that’s why the international community does not hear it properly. Thirdly, different sects of the freedom movement give India a way to manipulate the issue. India blames one day one group and another day the other group for the insurgency in Kashmir. Thus, the division in Hurriyat leadership is another hurdle to resolving this issue.

The last factor which is a hindrance to is Kashmir resolution is that Kashmiri youth tend towards extremism rather than joining the political movements. First, they adopt the way by which they could get revenge and in doing so their efforts are presented as terrorist activities by India. Second, when they become rebels they get more sanctions and restrictions from the Indian government. Lastly, when they left the political struggle and hold weapons they ultimately not only worsen the situation but left the space in politics—where they could present their case peacefully. Thus, the Kashmir issue is not going to solve because its youth is adopting impractical way to solve the issue.

 

There are many causes behind this issue but the most important one is Redcliff’s Award. Sir Cyril Redcliff was the in-charge of the boundary commission and he knew the importance of this valley. At the time of annexation, the valley was not demarcated the way it should and anarchy started in the valley. Moreover, it was the duty of the British government to annex the valley as per the Indian Independence Act but they failed to implement it in this case. Therefore, improper implementation of the Redcliff award was the biggest cause that could not annex the Kashmir fairly.

Another cause behind Kashmir is its unfair annexation by India. As per the Indian Independence Act 1947, Kashmiris had an option either to choose Pakistan or India. They never exercised it at all and Hari Singh first delayed and then annexed it to India to stay as a self-governed state. Such a heinous act against Kashmiris' will was unacceptable; they mutinied against the ruler and later on, Kashmir was occupied by Indian forces in 1947.  Kashmir is still a disputed part of the subcontinent and its unfair annexation is the main cause behind this conflict.

The third reason behind Kashmir issue is the Indian aggression. It soon erupted after the Indian independence and India landed its forces in Kashmir with the help of Hari Singh—Kashmir ruler. The people of Kashmir never accepted the decision and revolted to get their rights. In doing so, India used aggression to root out the revolt but could not succeed in any way. Indian cruel acts could not suppress the freedom sentiment of Kashmir and till now, Kashmir is in a state of emergency due to Indian brutality in the valley.

 

Lastly, Gandhi’s double game was another cause that prevented the resolution process. Gandhi first pledged to hold a plebiscite in the valley then rejected it secretly. Moreover, when Pakistan approached the UN and asked to play its part Gandhi said, ‘’ what could do the UN in this issue?” Additionally, Gandhi occupied Kashmir as per the will of its ruler-Hari Singh- but raised his voice against the annexation of the state Hyderabad—where the ruler was in favor of Pakistan but the public was not. Thus, his double standards in the region made the solution of Kashmir more difficult to exercise.

There are several causes that have multiple impacts but the most important impact of the Kashmir issue is human rights violations. First, 100,000 plus Kashmiri have died because of Indian barbarism. Additionally, due to such barbarism, Kashmiri youth pick up arms to take revenge, and, in this way, the situation gets worst. Lastly, such human rights violations increase uncertainty and curfew imposed on Kashmiri which added fuel to fire on their grievances. Thus, human rights violations increase due to Indian barbarism in Kashmir.

Another impact of this issue on the Kashmiri people is a surge in extremism. First, due to Indian brutality, people mourn upon their loved-ones then choose the wrong way to get the revenge. They either try to kill the personnel or kidnap them. Moreover, they consider take revenge as their right and attack Indian posts and sectors with every available weapon. In this way, the extremism increased in the valley and people face more torture from Indian forces. Thus, this is the worst impact that Kashmiri faces every day in the valley.

Lastly, another impact of this issue on the region is the tense relationship between Pakistan and India. Both countries are neighborly countries but Kashmir is a bone of contention between them. Soon after the independence, both countries are at draggers drawn because of unfair annexation of this valley. Additionally, both countries have fought three wars on this issue. Thus, tense relationship between India and Pakistan is the biggest impact on this issue in the region.

Kashmir Issue is a seventy years old territorial dispute between Pakistan and India. However, there are certain steps already taken by the international community to resolve this conflict, peacefully. First, UNSC registered many resolutions (47, 51, and 80) to resolve the dispute through peaceful means and plebiscite. At the regional level, OIC also acknowledged it as a major dispute in the world and stressed resolving it by political dialogues. Lastly, major veto countries like China, the USA, and Russia also stressed at UNGA to resolve this dispute as per UNSC resolutions and through peaceful means. Therefore, the resolution of Kashmir issue is the priority of the international communities.

There are many measures that could adopt to resolve this dispute but most important one is to hold free and fair plebiscite in the valley. First, by holding fair plebiscite will give Kashmiris the basic right of self-determination and they could choose one side or the other. Secondly, this plebiscite will ensure that the Indian Independence Act 1947 has completely implemented and every state has decided their own fate. Additionally, this plebiscite will bring prosperity to the region and the people of Kashmir could get out of the anarchic situation. Thus, holding a plebiscite is the best option to solve this issue peacefully.

Another measure that could be taken to resolve this issue is the involvement of Hurriyat leadership in the peace process. It will bring a sense of confidence in Hurriyat leadership and they could choose a better way to settle the dispute. Additionally, with the inclusion of Hurriyat leadership, the actual desire of Kashmir could be seen on the table. They will represent their demands and they could be solved by peaceful means. Lastly, they will not only promote the peace process but it will show the real situation to the world and they also could bring more suggestions to solve this issue. Thus, the inclusion of Hurriyat leadership is necessary to solve this dispute.

Another way to resolve this dispute is the restoration of articles 35(A) and 370 of the Indian constitution. First, by restoring these articles, Kashmir will regain its special status and moving further would be easy. Second, such restoration will bring a sense of comfort in the valley and they will try to move for a political settlement. Lastly, with the restoration of these articles insurgency and infiltration from outside will end and people will go for a peaceful resolution. Thus, restoration of both articles of the Indian constitution is necessary to resolve this issue.

The involvement of the UN peacekeeping mission is another important step that could solve this issue. First, with the deployment of UN forces, Kashmiri people will be safe and secure and no one could harm them easily. Second, these forces will end the brutality of Indian forces and the valley will be in a peaceful state—which is necessary. Last, these forces will end the infiltration across the border and people will adopt political means to settle the dispute. Therefore, the deployment of the UN peacekeeping mission in the valley could resolve this issue.

Another step that could resolve this dispute between India and Pakistan is the promotion of peaceful means. First, by promoting peaceful means, both countries will look for ways to end the dispute. Additionally, such peaceful means will bring the real bone of contention to the table and they could mutually solve the issue without firing a single bullet. Last, if they implement any suggestion by letter and spirit it will also bring prosperity to both countries in the form of trade and economic activities. Hence, promoting peaceful means is the best way to resolve the Kashmir issue.

It is true that both countries are at daggers drawn in this issue but with the involvement of the international community, the Kashmir issue could resolve, effortlessly. The big powers like Russia, China, and the USA could help both countries to resolve this issue. They could bring Pakistan and India on the table-talk because both have national interests with these big powers. Moreover, on arbitration of big powers, both countries could adopt a mutually acceptable way to resolve this issue. Therefore, the participation of big powers is necessary for Kashmir's resolution.

Lastly, the inclusion of International Court of Justice is the last resort to solve this dispute peacefully. First, ICJ has full authority to resolve this dispute if both countries face difficulties to resolve any issue. Additionally, it has the mandate to resolve any international dispute without discrimination and by hearing both parties.  Therefore, both countries, India and Pakistan, must approach ICJ to resolve the dispute and they must present their arguments to settle this dispute rationally. Thus, the inclusion of ICJ in the Kashmir resolution could end the seventy-five years old dispute between historic rivals –India and Pakistan.

In a nutshell, it has been discussed that the Kashmir issue is a flashpoint between Pakistan and India, and only a free and fair plebiscite could settle this dispute, peacefully. There are certain steps that both countries adopted to resolve the dispute but no effort has been proved as a solid step to settle this dispute. However, the main issue in its resolution is the implementation of UNSC resolutions; Pakistan is agreed but India is delaying it in one way or the other. Non-fulfillment of UNSC resolutions has changed the valley into a bloodbath and Indian Barbarism is at its peak. Therefore, it is in the interest of both countries to settle this dispute through political dialogues. Thus, a free and fair plebiscite is the only way to end this dispute permanently. Nevertheless, due to multiple efforts of Pakistan at the international level, to settle this dispute, will soon realize and this issue will, hopefully, settle as per Kashmiris' will in near future—but it just needs determination.