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Kashmir

Kashmir Understanding Kashmir Introduction to Kashmir Conflict Official Indian Position Official Pakistani Position Why History is Relevant Historical Record: India and Pakistan The Kashmiri Tragedy: Muslims and Pandits Militancy: Who are the militants? Kashmiri Leaders: Who are they?

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Kashmir

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  1. Kashmir

  2. Understanding Kashmir • Introduction to Kashmir Conflict • Official Indian Position • Official Pakistani Position • Why History is Relevant • Historical Record: India and Pakistan • The Kashmiri Tragedy: Muslims and Pandits • Militancy: Who are the militants? • Kashmiri Leaders: Who are they? • Various Proposed Solutions • Conclusion

  3. Introduction • Why Kashmir? • Kashmir is bleeding as we speak - Daily casualty rate higher than Palestine. Official estimates at least 34,000 since 1990- half of them civilians; Unofficial estimates twice; One soldier for every 10 kashmiris; Daily life is a nightmare in the Kashmir Valley. • Cost to India: Thousands of Indian soldiers killed; Billions of dollars to keep the army. • Cost to India/Pak: The Kashmir conflict continues to be unresolved after more than five decades, fuelling the conventional and nuclear arms race between India and Pakistan and bleeding their economy. - Defense Budget 2002: India : $ 14 billion (16% of total revenue) Pak: $2.8 billion (30% of total revenues) • Nuclear Flashpoint: Both countries have gone to war on three occasions over Kashmir and the possibility of war between the two countries has become frightening given their nuclear weapon capability. Example: In 1999 Kargil War, Pak prepared to deploy nuclear weapons acc. to Bruce Riedel- a spokesperson for the White House

  4. Official Indian Position • Kashmir is an integral part of India • Accession of Jammu and Kashmir(J&K) to India is final and legal and cannot be disputed • J&K is not a disputed territory. • Sheikh Abdullah sought and endorsed the accession of Jammu and Kashmir to India • POK: Pak should relinquish control of Pakistan Occupied Kashmir. It is not Azad Kashmir. • What happens in Kashmir is internal affair and international community has no business in it. • Elections are a substitute for plebiscite • The will of the people does not need to be ascertained only through a plebiscite. Democratic elections are a recognised means of ascertaining the wishes of the people and the people of the State of J&K have repeatedly participated in such elections. People of Kashmir are largely happy with India. • All would be well in Kashmir but for Pakistan’s cross-border terrorism • The problem of Kashmir today is one of terrorism sponsored by Pakistan. People are happy with India. What happens in the Valley is not a freedom struggle but a terrorist movement stoked by Pakistan. Hence if Pak were to stop cross-border terrorism, normalcy would return to the Valley. • Human Right Violations by the State are negligible. • Sufficient judicial mechanisms are in place to investigate such allegations. • Conditional Dialogues: • Any dialogues with Pak or Kashmiris will be conditioned on Kashmir being a part of India. Source: Embassy of India, Washington D.C. website http://www.indianembassy.org/policy/Kashmir/Kashmir_MEA/Indian_Position.html

  5. Official Pakistani Position • Kashmir is a disputed territory • Accession of Jammu and Kashmir(J&K) to India is disputed because Maharaja Hari Singh acceded to India under duress without consulting the wishes of the people. • Kashmir is a case of “unfinished partition”. The promised plebiscite was never held by India. • Kashmir is the jugular vein of Pakistan. • Kashmir is the “core” political dispute between India and Pakistan and it runs in our blood. • Pakistan is only providing “moral and diplomatic” support for the freedom struggle in Kashmir. • Mujahedeens who fight for their suffering Muslim brethren in Kashmir may cross the LoC, we cannot guarantee an end to all infiltration. • Implementation of UN resolutions : • The solution to the dispute requires a unitary plebiscite for the whole of J&K under international auspices. UN resolutions call for the holding of a plebiscite to determine the wishes of the Kashmiri people. Source: Government of Pakistan website: http://www.pak.gov.pk/public/kashmir/kashmir.htm

  6. What is Really Happening?

  7. To The Original

  8. What is Really Happening? • Kashmir is being treated as a land dispute between two pugnacious landlords, over the dead bodies of tens of thousands of kashmiris. • Kashmiris are treated as animals to be bartered between India and Pakistan and both countries seem all set to fight it down to the last Kashmiri. • A historical review of the conflict reveals that both governments of India and Pakistan have been less than honest in the assertions of their claims of moral rectitude over Kashmir.

  9. Why is History Relevant? • Kashmiri Grievances have historical roots • hence a lasting solution requires a clear understanding of the history of the conflict and a solution which takes into account those grievances and their wishes. • Simplistic solutions such as “All sides lay down their arms; and the problem would go away” or “Unitary Plebiscite for the whole of J&K with only two options of India and Pakistan” are highly unlikely to work, given the history and regional evolution of this conflict. • Kashmiris want peace with dignity and honour, not a humiliating peace. • Public Opinion and Effects on possible solutions • Indian and Pakistani public opinion is crucial for the successful resolution of the conflict and is largely influenced by official rhetoric on either side. • Hence a clear undertsanding of historical roots of the conflict and grievances is required :

  10. Map of Jammu and Kashmir Courtesy: Global Perspectives

  11. Insurgency is primarily concentrated in the 6200 sq. miles Kashmir Valley; Main bone of contention between India and Pakistan Courtesy: jammu-kashmir.com

  12. Brief Statistics • J&K is Comprised of • Indian controlled Kashmir: 64% Muslim majority ; 46% of total area RegionArea in Sq. Km Population in million(1998 estimate) Kashmir Valley: 15948 (6200 sq. miles) 4 (95% muslim) ( Districts: Srinagar,Baramulla,Anantnag, Kupwara,Badgam,Pulwama) Jammu 26293 4 (66% hindus) ( Districts: Poonch, Rajouri, Doda,Jammu,Udhampur, Kathua)Ladakh 59146 0.16 (51% buddhist) ( Districts: Leh, Kargil) • Pakistani controlled Kashmir: 100% Muslim majority ; 35% of total area Azad Kashmir/POK: 13297 2.6 ( Districts: Kotli,Mirpur,Pooch, Palandari,Bagh,Muzaffarabad and Bhimber ) Northern Areas 64817 1.5 (Gilgit and Baltistan) ( Districts: Hunza-Nagar,Gilgit,Koh-e- Gazer,Ghanchi,Diamar, Skardu ) • Chinese controlled Kashmir: Largely Uninhabited; 19% of total area Aksai Chin: 37555 - Shaksgam 5180 - (ceded by Pakistan to China under 1963 Sino-Pak agreement ) Source: http://www.jammu-kashmir.com

  13. Brief Historical Timeline • 1846: Jammu and Kashmir State is created under the Treaty of Amritsar between the East India company and Raja Gulab Singh of Jammu who buys Kashmir Valley from the East India Company for Rs.75,00,000 and adds it to Jammu and Ladakh already under his rule. • 1931:The movement against the repressive Maharaja Hari Singh begins; Popular Demonstrations at the trail of butler Abdul Qadir who described the Dogra Rulers as a dynasty of ‘bloodsuckers’ ; it is brutally suppressed by the State forces. Founding moment of Kashmiri Nationalism. Hari Singh is part of a Hindu Dogra dynasty, ruling over a majority Muslim State. The predominantly Muslim population was kep poor and illiterate and not adequately represented in the State's services.[1] In the bitter chill of winter shivers his naked body Whose skill wraps the rich in royal shawls [2] • 1932: Sheikh Mohammed Abdullah sets up the All Jammu and Kashmir Muslim Conference to fight for Kashmiri freedom from the Maharaja's rule, which would eventually become the National Conference in 1939. • 1946: National Conference launches Quit Kashmir movement demanding abrogation of the Treaty of Amritsar and restoration of sovereignty to the people of Kashmir. Abdullah is arrested. • 1947: On 15 August, the Indian subcontinent becomes independent. Kashmir signs Standstill Agreement with Pakistan. Rulers of Princely States are encouraged to accede their States to either Dominion - India or Pakistan, taking into account factors such as geographical contiguity and the wishes of their people. Hari Singh delays his decision in an effort to remain independent. Ref:[1] Pandit Prem Nath Bazaz, Struggle for Freedom in Kashmir[2] Mohammed Iqbal - Kashmiri poet and philosopher, 1921

  14. Timeline: Kashmir/Junagadh Inconsistency • 1947: Rules of accession: • In theory, Rulers were allowed to accede their States to either Dominion, irrespective of the wishes of their people; • but as a practical matter, they were encouraged to accede to the geographically contiguous Dominion, taking into account the wishes of their people and in cases where a dispute arose, it was decided to settle the question of accession by a plebiscite, a scheme proposed and accepted by India[1]. Being a Muslim majority State and contiguous to Pakistan, Kashmir was expected to accede to Pakistan; since the Hindu Ruler acceded instead to India, a dispute arose in the case of Kashmir. • Junagadh/Kashmir Inconsistency: • In 1948, India imposed and won a plebiscite in the case of Junagadh, which had a Hindu majority ruled by a Muslim Ruler who acceded to Pakistan; However, in the case of Kashmir, the mirror image of Junagadh, India did not hold a plebiscite; • Pakistan applied its own share of double standards by having divergent positions on Kashmir and Junagadh, insisting it get both. How is that for INCONSISTENCY? ------------------------------------------------------------------------------------------ Ref: [1] Selected Works of Jawaharlal Nehru, Second Series, Vol. 4, New Delhi 1986, p.288a Cable to C.R. Attlee from Nehru : New Delhi, 28 October 1947. 12. We are always ready to discuss any issue in dispute with representatives of Pakistan. We have laid down the principle that accession of every State, whether Junagadh or Kashmir or Hyderabad, should depend on ascertained wishes of the people concerned.

  15. Timeline : Azad Kashmir or PoK? • 1947: In June, internal revolt begins in the Poonch region against oppressive taxation under the recently imposed direct rule by the Maharaja[1]; Poonch was a predominantly Muslim area. Maharaja strengthens the Sikh and Hindu garrisons in the Muslim areas and orders the Muslims to deposit arms with the police. In August, Maharaja's forces fire upon demonstrations in favour of Kashmir joining Pakistan, killing innocent people. The people of Poonch evacuate their families, cross over to Pakistan and return with arms. In the last week of August, a condition of unrest and spasmodic violence turns into an organised rebellion resulting in killings of Hindus and Sikhs and atleast 60,000 refugees fleeing to Jammu by 13 September[3]. The rebellion spreads to adjacent Mirpur and Muzaffarabad[2]. The Poonch rebels declare an independent government of "Azad”[Free] Kashmir on 24 October. • Pakistan gains control of “Azad Kashmir” in 1949 after the first Kashmir war. India continues to call this area as POK (Pakistan Occupied Kashmir) • Though technically “Azad” Kashmir is quasi-independent with Pakistan’s jurisdiction limited to only defence, foreign affairs, currency and UNCIP related matters, Pakistan has controlled this territory in a repressive manner which has been resented by the local population. [4] Ref: [1] Prem Nath Bazaz, Struggle for Freedom in Kashmir , New Delhi 1954, pp.325-327 [2] Sheikh Abdullah, Flames of the Chinar, New Delhi 1993, pp.89-92 [3] Alastair Lamb, Incomplete Partition, Roxford 1997, pp.121-123 [4] Rifaat Hussain, “Pakistan relations with Azad Kashmir

  16. Timeline : Communal Disturbances in Jammu • 1947: In September, massacre of Muslims start in Jammu by armed bands of Hindus and Sikhs with active support from the Dogra State forces[2,3]. Hundreds of thousands of Muslims flee Jammu. On 12 October, Pakistan sends telegram to Kashmir detailing the atrocities and demands an impartial inquiry; Kashmir does not deny the charges in the reply telegram and promises an inquiry which would never be carried out. There was no communal violence in the Kashmir Valley itself [1]. • Sheikh Abdullah is released from prison on 29 September, in response to pressure from India. After his release, he speaks in favour of Kashmir's freedom before accession. Throughout his career, he would thus continue to oscillate between a pro-India stance and demanding self-determination for Kashmiris. On 22 October, he explains the apprehension of the Kashmiri Muslims in joining India, given the massacre of muslims in Kapurthala and elsewhere in India[4]. On 26 October, he demands transfer of power to the people within ten days[5]. --------------------------------------------------------------------------------------------------------------------------Ref: [1] P.S.Verma, Jammu and Kashmir at the political crossroads, New Delhi 1994, p.34 [2] Official Records of the United Nations Security Council, Meeting No:534, 6 March 1951, pp.3-4, Meeting No:226, 1948, pp.71-2, Meeting No:234, 1948, pp.252-3 [3] Prem Shankar Jha, Kashmir, 1947 : rival versions of history, O.U.P. 1996, pp.120-1 [4] Sheikh Abdullah quoted in Official Records of the United Nations Security Council, 1948, Meeting No:226 pp.68-9: [5] Balraj Puri, Jammu and Kashmir: Triumph and Tragedy of Indian federalisation, New Delhi 1981, pp.53-7

  17. Timeline : Accession • 1947: On 22 October, thousands of Pathan tribesmen from Pakistan, recruited by the Poonch rebels, invade Kashmir along with the Poonch rebels, supported by Pakistan. The tribesmen engage in looting and killing along the way. • 1947: On 26 October, Hari Singh signs the Instrument of Accession (IOA), following the invasion by the tribesmen, acceding the 75% majority Muslim region to the Indian Union, according to the 1948 Indian White Paper; The accession was limited to defence, foreign affairs and communications. India accepts the accession, regarding it provisional until such time as the will of the people can be ascertained by a plebiscite, once the soil was cleared of invaders, since Kashmir was recognized as a disputed territory[2]. • 1947: On 27 October, The Indian army enters the state to repel the invaders. Sheikh Abdullah endorses the accession as ad-hoc which would be ultimately decided by a plebiscite and is appointed head of the emergency administration[1]. --------------------------------------------------------------------------------------------------------------------------Ref: [1] Sheikh Abdullah, Flames of the Chinar, New Delhi 1993, p.97 [2] Govt. of India, White Paper on Jammu & Kashmir , Delhi 1948, p.3, 46, 77 Nevertheless, in accepting the accession, the Government of India made it clear that they would regard it as purely provisional until such time as the will of the people of the State could be ascertained."I should like to make it clear that [the] question of aiding Kashmir in this emergency is not designed in any way to influence the State to accede to India. Our view, which we have repeatedly made public is that [the] question of accession in any disputed territory or State must be decided in accordance with the wishes of the people and we adhere to this view". • It should be noted that the IOA itself does not specify any provisionality or conditionality of accession, while the White Paper specifies it clearly, thus creating a conflict between strict legal interpretation and repeated official promise made to the people of Kashmir. • Self-determination refers to the clause the will of the people of the State could be ascertained

  18. Timeline : First Kashmir War • 1947-48: Pakistan disputes that the accession is illegal; India and Pakistan do not agree on preconditions for a plebiscite; In November 1947, India proposes that Pakistan withdraw all its troops first, as a precondition for a plebiscite, which Pakistan rejects on the grounds that the Kashmiris may not vote freely given the presence of Indian army and Sheikh Abdullah's friendship with the Indian Prime Minister, Jawaharlal Nehru. Pakistan proposes simultaneous withdrawal of all troops followed by a plebiscite under international auspices, which India rejects. • Pakistan sends regular forces to Kashmir and the first war over Kashmir breaks out. • 1948: India takes the Kashmir problem to the United Nations (UN) Security Council on 1 January. • 1949:On 1 January, a ceasefire between Indian and Pakistani forces leaves India in control of most of the valley, as well as Jammu and Ladakh, while Pakistan gains control of part of Kashmir including what Pakistan calls "Azad" Kashmir and Northern territories.

  19. Timeline : Plebiscite Conundrum • 1949: On 5 January 1949, UNCIP (United Nations Commission for India and Pakistan) resolution states that the question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through a free and impartial plebiscite. As per the 1948 and 1949 UNCIP resolutions, both countries accept the principle, that Pakistan secures the withdrawal of Pakistani intruders followed by withdrawal of Pakistani and Indian forces, as a basis for the formulation of a Truce agreement whose details are to be arrived in future, followed by a plebiscite[1]: • Part 1: Ceasefire • Part 2 : Truce Agreement followed by a Truce Stage • Part 3: Plebiscite stage However, both countries fail to arrive at a Truce agreement due to differences in interpretation in Part 2, some being[2]: • Procedure for and extent of demilitarisation: whether actual withdrawal of Pakistan’s troops is to be done before or after the Truce Agreement • whether the Azad Kashmiri army is to be disbanded during the truce stage or the plebiscite stage. Hence a plebiscite would never be carried out; -------------------------------------------------------------------------------------------------------------- [1] UNCIP Resolution, 5 JANUARY, 1949; UNCIP Resolution, 13 August, 1948. [2] UNCIP Resolution, 30 March, 1951.

  20. Timeline : Plebiscite Conundrum UNCIP Resolution, 13 August, 1948. • PART IITRUCE AGREEMENTSimultaneously with the acceptance of the proposal for the immediate cessation of hostilities asoutlined in Part I, both Governments accept the following principles as a basis for the formulation ofa truce agreement, the details of which shall be worked out in discussion between theirRepresentatives and the Commission.A. (1) As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmirconstitutes a material change in the situation since it was represented by the Government ofPakistan before the Security Council, the Government of Pakistan agrees to withdraw itstroops from that State.(2) The Government of Pakistan will use its best endeavour to secure the withdrawal from theState of Jammu and Kashmir of tribesmen and Pakistan nationals not normally resident thereinwho have entered the State for the purpose of fighting.(3) Pending a final solution the territory evacuated by the Pakistan troops will be administeredby the local authorities under the surveillance of the Commission. B. (1) ……. C. (1) Upon signature, the full text of the Truce Agreement or communique containing theprinciples thereof as agreed upon between the two Governments and the Commission, will bemade public.

  21. Timeline : Plebiscite Conundrum • 1947-1954: Nehru would repeat his plebiscite promise to the Kashmiri people[2]. In 1954, following Pak-US military pact, Nehru would effectively back out of the promise, citing Cold War alignments. The people of Kashmir would consider this a breach of promise made to them by India, irrespective of Indo-Pak differences and cold war alliances. India's Home Minister, Pandit Govind Ballabh Pant, during his visit to Srinagar, declares that the State of Jammu and Kashmir is an integral part of India and there can be no question of a plebiscite. [1] ---------------------------------------------------------------------------------- • [1] Balraj Puri, Kashmir: Towards Insurgency, New Delhi 1993, p.19. • [2] Govt. of India, White Paper on Jammu & Kashmir , Delhi 1948, p.55. Nehru on Nov 2, 1947: “We have declared that the fate of Kashmir is ultimately to be decided by the people. That pledge we have given, and the Maharaja has supported it, not only to the people of Kashmir but to the world. We will not, and cannot back out of it. We are prepared when peace and law and order have been established to have a referendum held under international auspices like the United Nations”.

  22. Timeline: Election Rigging and Erosion of Autonomy • 1951: First post-independence elections. The UN passes a resolution to the effect that such elections do not substitute a plebiscite, because a plebiscite offers the option of choosing between India and Pakistan[UNCIP Resolution, 30th March, 1951]. Sheikh Abdullah wins, mostly unopposed. There are widespread charges of election rigging which continue to plague all the subsequent elections.[1][2][3] • The elections in 1977 and 2002 are considered relatively free and fair by many; Even they have been marred by allegations of rigging and coercion. • New Delhi effectively ruled J&K through their nominees and proteges since 1953-1975. • Kashmir State Rulers also have trampled people’s democratic rights by participating in rigged elections and becoming effectively puppets of New Delhi and colluding in erosion of autonomy promised under Article 370. --------------------------------------------------------------- • [1] Prem Nath Bazaz, Democracy through Intimidation and Terror, New Delhi: Heritage Publishers, 1978, p.87. • P.S.Verma, Jammu and Kashmir at the political crossroads, 1994, p.117 • “From 1953 to 1975, Chief Ministers of that State [of J&K] had been nominees of Delhi. Their appointment to that post was legitimised by the holding of farcical and totally rigged elections in which the Congress party led by Delhi's nominee was elected by huge majorities." B.K. Nehru, who was Governor of Kashmir from 1981 to 1984, in his memoirs published in 1997. - Nice Guys Finish Second; pp. 614-5

  23. Timeline: Election Rigging and Erosion of Autonomy • 1949: On 17 October, the Indian Constituent Assembly adopts Article 370 of the Constitution, ensuring a special status and internal autonomy for Jammu and Kashmir with Indian jurisdiction in Kashmir limited to the three areas agreed in the IOA, namely, defence, foreign affairs and communications. This is confirmed by Abdullah in 1952 Delhi Agreement and the State is allowed to have its own flag. • In 1953, Abdulah is dismissed and arrested for procrastinating in confirming the accession of Kashmir to India; Bakshi Ghulam Mohammed is installed who gets accession ratified in 1954. • On 30 October 1956, the state Constituent Assembly adopts a constitution for the state declaring it an integral part of the Indian Union. On 24 January 1957, UN passes another resolution stating that such actions would not constitute a final disposition of the State. [UN Security Council Resolution, 1957] • In October 1959, the State Constitution is amended to extend jurisdiction of Union Election Commission to the State and bring its High Court at par with those in the rest of India. • Protest demonstrations occur in Kashmir valley and Pakistan held parts of the State in December 1964 against Articles 356 and 357 of the Indian Constitution being extended to the state, by virtue of which the Centre can assume the government of the State and exercise its legislative powers. The special status accorded to the State under Article 370, continues to get eroded with the collusion of local puppet Ministers installed in rigged elections.[1] --------------------------------------------------------------------------------------- • [1] Balraj Puri, Kashmir: Towards Insurgency, New Delhi 1993, p.31

  24. Timeline: Operation Gibraltar and JKLF movement • 1965: Pakistan undertakes Operation Gibraltar and sends in a few thousand armed infiltrators across the cease-fire line, hoping to take advantage of the local discontent and start an insurrection against the Indian Rule. Incidents of violence increase in Kashmir valley. A full Indo-Pakistani war breaks out which ends in a ceasefire on 23 September. In January 1966, Tashkent Declaration is signed by both countries agreeing to revert to pre-1965 position, under Russian mediation. Pakistan supported guerrilla groups in Kashmir increase their activities after the ceasefire. • Kashmiri nationalists Amanullah Khan and Maqbool Butt form another Plebiscite Front with an armed wing called the Jammu and Kashmir National Liberation Front (NLF) in Azad Kashmir, with the objective of freeing Kashmir from Indian occupation. [1] • Butt crosses into the Valley in June 1966 and engages in clashes with the Indian army. He is arrested and sentenced to death in 1968 but escapes to Azad Kashmir with help from the local people. • 1971: An Indian Airlines plane, 'Ganga', en route from Srinagar to New Delhi, is hijacked in January and diverted to Lahore and later blown up after allowing passengers to leave. Maqbool Butt claims responsibility. • 1976: Maqbool Butt is arrested on his return to the Valley and later sentenced to death in 1984. Amanullah Khan moves to England and NLF becomes Jammu and Kashmir liberation Front(JKLF). --------------------------------------------------------------------------------------- • [1] Victoria Schofield, Kashmir in Conflict, New York 2000.

  25. Timeline: Simla Agreement and Kashmir Accord • 1971: India backs sends troops to East Pakistan to defend its secessionist movement against the repressive Pakistani army. Pakistan launches an attack from the West including Kashmir. India defeats Pakistan and East Pakistan becomes independent Bangladesh. The cease-fire line in Kashmir becomes the 'Line of Control'(LOC). • 1972: India and Pakistan sign the Simla Agreement in July, which has a clause that the final settlement of Kashmir will be decided bilaterally in the future and that both the sides shall respect the LOC. • 1974: In November, Kashmir Accord is signed by G.Parthasarathy for Indira Gandhi and Mirza Afzal Beg for Sheikh Abdullah, who is out of power at that time. The Accord retains Kashmir's special status, but the state is termed as a 'constituent unit of the Union of India'. Opposition parties and Pakistan condemn the Accord. Abdullah is installed back in power. Later in 1977, he would speak in favour of protecting the autonomy and special status of Kashmir. • 1984: Indian and Pakistani armies engage in clashes in Siachen Glacier, a no-man's land at an altitude of 20,000 ft with extreme weather conditions, where the cease-fire line had been left undefined by 1972 Simla Agreement; Siachen is perceived to be of strategic importance for access to the Northern Areas and the spasmodic clashes would continue through later years, costing thousands of lives and billions of dollars. ---------------------------------------------------------------------------------------

  26. Timeline: Popular Insurgency or Terrorist movement? • 1987: Farooq Abdullah wins the elections. The Muslim United Front (MUF) accuses that the elections have been rigged. • The MUF candidate Mohammad Yousuf Shah is imprisoned and he would later become Syed Salahuddin, chief of militant outfit Hizb-ul-Mujahedin (Hizb). • His election aides (known as the HAJY group) - Abdul Hamid Shaikh, Ashfaq Majid Wani, Javed Ahmed Mir and Mohammed Yasin Malik - would join the JKLF. • Amanullah Khan takes refuge in Pakistan, after being deported from England and begins to direct operations across the LoC. Young disaffected Kashmiris in the valley are recruited by JKLF. • 1988: Protests begin in the Valley along with anti-India demonstrations against increase in electric tariff and unemployment, followed by police firing and curfew. • 1989: Militancy increases with bomb blasts. • On 8 December, Rubaiya Sayeed, daughter of the Home Minister Mufti Mohammed Sayeed is kidnapped by the JKLF. She is released safely on 13 December in exchange for the release of five JKLF leaders. • Kashmiri Pandits Jia Lal Taploo and Neel Kanth Ganjoo are killed by militants, the latter for sentencing Maqbool Butt to death in 1984. • On 13 February 1990, Lassa Kaul, director of Srinagar Doordarshan, is killed by the militants for pro-India media policy. • --------------------------------------------------------------------------------------- [1] Balraj Puri, Kashmir: Towards Insurgency, New Delhi 1993 [2] Victoria Schofield, Kashmir in Conflict, New York 2000, pp.143-154.

  27. Timeline: Popular Insurgency or Terrorist movement? • 1990: In January, Jagmohan is appointed as the Governor. Farooq Abdullah resigns. On 20 January, an estimated 100 people are killed when a large group of unarmed protesters are fired upon by the Indian troops at the Gawakadal bridge. With this incident, it becomes an insurgency of the entire population. • In the end of February, an estimated 400,000 kashmiris take to the streets of Srinagar, demanding a plebiscite. [Guardian] • On March 1, an estimated one million take to the streets and more than forty people are killed in police firing. Massive protest marches by unarmed civilians continue in Srinagar. • Most of the Kashmiri Pandit community in the Valley flee in March in a massive exodus. • In May, an estimated 200,000 Kashmiris take to the streets in a funeral procession of the martyred leader Mirwaiz Maulvi Farooq; over 100 are killed in police firing. Jagmohan resigns and Girish Saxena is appointed as the new Governor. [Saxena refers to the old phenomenon of “hundreds of thousands of people demonstrating in Srinagar daily” in an interview[2].] • An officially estimated 10,000 desperate Kashmiri youth cross-over to Pakistan for training and procurement of arms. • Pakistan would continue to take advantage of the situation in the Valley , fuelling the insurgency with arms and training of indigenous and foreign militants. • --------------------------------------------------------------------------------------- [1] Balraj Puri, Kashmir: Towards Insurgency, New Delhi 1993 [2] Victoria Schofield, Kashmir in Conflict, New York 2000, pp.143-154.

  28. Who are the Militants? • Indigenous Kashmiri Militants: Officially Estimated numbers: 1300. [1] • JKLF: Secular outfit; Founded in late 60’s; Pro- Independence group; Once funded by Pakistan’s ISI; later Pakistan cut off financing to the JKLF and in some instances provided intelligence to India against JKLF and has played a part in decimating it . The JKLF faction led by Yasin Malik announced unilateral ceasefire in 1994 and pursues political agenda under the All Parties Hurriyat (Freedom) Conference (APHC) umbrella; Amanulla Khan's JKLF faction's ceasefire in 1997. • Hizb: Pro-Pakistan outfit; Founded in 1989; ISI’s favourite darling – funded, armed and trained; Favours accession to Pakistan. Syed Salahuddin is the chief. Most of them are kashmiri militants; also has some foreign militants. Largely non-communal and condemned many communal killings. • Foreign Militants: Official Estimate: 2300 [1] ; Dominated militancy since late 1990’s. Includes Afghan Mujahedins. • Lashkar-e-Toiba (LeT): Backed by Pak; Mission: Establish an Islamic State ; Active since 1995; • Jaish-e-Mohammed (JeM): Backed by Pakistan; Active since 1999; • Harkat-Ul-Mujahedin (HuM): Backed by Pakistan; Active since 1993; • Renegade Militants: Estimated numbers: 1200 - 3000 [2] ; Surrendered former militants in the employ of Indian security forces, as pro-india counter-insurgency forces. Example: Ikhwan-Ul-Muslimoon: [1]Kashmir Times, July 8 2002 [2] DGP Gurbachan Jagat, Renegade Representative Javed Shah in Indian Express, J&K's friendly ultras say pay more, or else...,4 May, 1999.

  29. 1989 Insurgency Factsheet • The insurgency started in 1989 as a popular insurgency due to historical grievances: • Long-promised and denied self-determination • Consistently rigged elections • Erosion of autonomy promised under Article 370 • lack of employment opportunities • Between January and May 1990, hundreds of thousands of unarmed civlians poured out into the streets of Srinagar demanding self-determination. It was brutally suppressed by the State. • The protests against India still continue; (BBC News, Kashmir strike over civilian deaths, Feb 16 2002), albeit in lesser numbers, given the presnece of half a million soldiers and endless curfews and regulations and tear-gassing and beatings. • Indigenous militant outfits such as JKLF and Hizb were largely secular; decimated by India and Pak; Foreign militants with Islamic agenda backed by Pakistan would hijack it and dominate in late 90’s; However, Separatist Hizb and Pro-India Renegade militants continue to have a significant presence in several thousands.

  30. Timeline: Kargil, Lahore and Agra • In May 1998, India conducts nuclear tests; Pakistan also responds with nuclear tests. • On 21 February 1999, India and Pakistan sign Lahore Declaration, agreeing to 'intensify their efforts to resolve all issues, including the issue of Jammu and Kashmir.' Soon after his visit to Lahore, the Indian Prime Minister Vajpayee states that 'Kashmir is an integral part of India and not a single area of Indian soil would be given away.' • In May 1999, the Indian Army patrols detect intruders from Pakistan on Kargil ridges in Kashmir. A full blown Kargil War authored by Gen. Musharraf. India fights to regain lost territory. The infiltrators are withdrawn by Pakistan in mid-July, following the Washington Agreement with the US. War between India and Pakistan becomes more frightening given the nuclear weaponry possessed by both countries and Kashmir remains the underlying flashpoint. • In July 2001, India and Pakistan fail to arrive at a joint agreement at Agra Summit. • Dec 13, 2001: Terrorist attack the Indian Parliament, India and Pakistan build up massive troops along the border. After a period of nine months, they are pulled back.

  31. The Human Toll • An officially estimated 33,693 have been killed in the period 1988 to December 2002 [Kashmir Times]- half of them civilians; Unofficial estimates run over 60,000. • According to official handouts [PTI release, 13 September 1998] -which tend to be conservative in the number of civilians killed by the security forces and mostly exclude thousands of custodial killings - in the period 1990-1998, • 2477 civilians had been killed by Indian security forces; • 6673 civilians and 1593 security personnel had been killed by the militants including 982 Hindus and Sikhs killed from 1990- 1999 [Indian Ministry of Home Affairs]. • Number of people missing since 1990 runs over 3000, acc. to J&K Govt’s official release. • As of June 1999, an estimated 500,000 army troops and other federal security forces were deployed in the valley, including those positioned along the Line of Control [Jane's Intelligence Review, (London) August 1, 1998 ]; Roughly one soldier for every 10 Kashmiris. • Militant Violence: • Pakistan sponsored militants have committed numerous killings, rapes and torture. [Human Rights Watch, 1996, Violations by Militant Organizations ]. • State Violence and repression: An order of magnitude more terrorizing than militant violence as there is no recourse. • Grave human rights violations by the Indian security forces, such as arbitrary arrests, torture, rape and extrajudicial killings, continue to be reported, being extensively documented by human rights organizations such as Human Rights Watch, Amnesty International and others. • Renegade militants are used for extrajudicial executions of militants, besides human right activists, journalists and other civilians, and conveniently dismissed as "intergroup rivalries". In 1997, the Director General of Police Gurbachan Jagat acknowledges that continued services of the renegades have become counter-productive in view of their excesses. Renegade Militants continue to be the most dreaded group;

  32. The Pandit Tragedy • In 1989-90, following the killings of prominent Pandits like Jia Lal Taploo, Neel Kanth Ganjoo and Lassa Kaul, the rise of new militant groups, some warnings in anonymous posters and some unexplained killings of innocent members of the community contribute to an atmosphere of insecurity for the Kashmiri Pandits. Most of the Kashmiri Pandit community, flee in March. • An estimated 36,000 Hindu families [ Panunkashmir.org/KashmirSentinel ] and 20,000 Muslim families (as of 1993) [Balraj Puri, Kashmir Towards Insurgency] have fled the Valley and many of them still languish in the refugee camps in Jammu and Azad Kashmir, being displayed by India and Pakistan respectively for propaganda. • There are about 9000 Pandits still living in the Valley.[Kashmir Times, March 29, 2003] • There are periodic attacks against the Pandits, Sikhs and other Hindu minorities in J&K, an example being massacre of 24 Pandits in Nadimarg in March, by unidentified gunmen: • What is clear is there are forces which want to communalize the conflict in J&K • What is not clear is Who are those forces? Opinion is divided as to the answer; Many Pandits and Indians believe the gunmen are Islamic militants who want to ethnically cleanse the State of minorities. However, many Kashmiri people blame Indian sponsored renegades for these massacres by unidentified gunmen and accuse them for tainting their freedom struggle. • Minorities have become victims of these unidentified communal forces, who do not want the dispute to be resolved.

  33. Renegade Militants • Indian sponsored renegades have been suspected in many killings by unidentified gunmen, by various human right activists and kashmiris. • Chithisinghpora Massacre: • In March 2000, 35 Sikhs were massacred by unidentified gunmen around the time of Clinton’s visit to India. India blamed foreign militants and Kashmiris blamed the renegades. • Indian Human Rights Activists from PHRO and MASR did a fact-finding mission and put the responsibility on Indian sponsored renegades. [1] • Indian forces killed 5 innocent civilians in the nearby Panchalthan village and portrayed them as the “foreign militants” responsible for the massacre; This charade has been exposed recently by DNA test results of the slain civilians released last July[2] and raises questions about the credibility of the assertions of the Indian State. • No independent judicial inquiry by an impartial agency has been conducted into the seed incident of Sikh massacre till date, despite repeated demands by the people and repeated promises. • Renegades have been suspected in the 1998 massacre of 23 Pandits at Wandhama and recent Nadimarg massacre in March. The APHC observed a protest strike, demanded an inquiry and no inquiry till date. Amnesty’s requests to investigate Wandhama massacre has been rejected by India. • The hand of the renegades has been suspected in the massacre of human rights activists and journalists like Jalil Andrabi, H.N.Wanchoo and Zafar Mehraj.[Human Rights Watch, 1999] • an estimated 5000 renegades were 'rehabilitated' as Special Police Officers (SPO) in the State police and many others were absorbed in the security forces in the nineties[Amnesty Report, 1999]. They continue to be the most dreaded group. [1] Investigation Report on Chithi Singhpora Massacre in Jammu and Kashmir -Justice (Retd) Ajit Singh Bain [2] The Hindu, `Security forces killed civilians', 17 July 2002.

  34. Is the Kashmiri Movement communal? • In 1947, when communal holocaust had been raging in Jammu, Kapurthala and elsewhere in India, Kashmir Valley was quiet and 5% Pandit minority safe, in the spirit of Kashmiriyat- a composite cultural identity with the glorious traditions of communal amity, tolerance and compassion. • In 1990, when Pandits felt insecure given the killings of innocent community members, secular JKLF tried to explain that the killings of prominent Pandits were not communal and merely for political reasons like media bias and sentencing of Butt. Kashmiris came out and demonstrated in support of their Pandit brethren. • Joint reconciliation efforts by members from both Muslim and Pandit communities like- Mufti Bahauddin Farooqi and H.N. Jatto - were actively discouraged by Jagmohan. There have been charges that this exodus was encouraged by Jagmohan[1], who has a reputation for having anti-Muslim sentiments[2], to enable India to have a "free hand" in dealing with the Muslims in the Valley, a charge which Jagmohan has denied. A thorough, independent enquiry alone can show if this exodus was entirely unavoidable. • Communal killings of the murder of sixteen male Hindus in Kishtwar in August 1993 was condemned by the JKLF and the Hizb. They continue to condemn communal killings. • There have been instances of Muslims helping build temples for Hindus- an example being the village of Ichhigam, Budgam. [Indian Express, 10 July 2003] Nine hundred Muslim families built this shrine for just eight Hindu families living in this village. [1] Balraj Puri, Kashmir Towards Insurgency, 1993 [2] Jagmohan, Current. 26 May - 1 June 1990, as quoted in PHRO Report, 1990.: "Every Muslim in Kashmir is a militant today. All of them are for secession from India. I am scuttling Srinagar Doordarshan's programmes because every one there is a militant.....The bullet is the only solution for Kashmir. Unless the militants are fully wiped out, normalcy can't return to the Valley."

  35. Is the Kashmiri Movement communal? • Since the 1989 insurgency, whenever there are attacks against minorities, Kashmiri Muslims along with the Hurriyat leaders, have come out and protested the attacks and given support to the minority community, as demonstrated following the recent Nadimarg massacre. The entire Valley shut down on March 25 in response to a call for a strike by the Hurriyet[Kashmir Times, March 25], thus sending a clear signal to the killers that Kashmiri Muslims do not approve of killings of their Hindu brethren and that Kashmiriyat is still flourishing. As Moti Lal, one of the Nadimarg survivors pointed out, "such killings cannot be stopped unless Kashmir issue is resolved. How can our Muslim brethren ensure our security when they are themselves dying?". • What is clear: • Kashmiri civilians are not communal by and large. Kashmiriyat continues to flourish. • Kashmiri militant groups like JKLF and Hizb are not communal; they have routinely condemned communal killings. • Those forces which perpetrate these communal killings are interested in tainiting the Kashmiri movement for self-determination with a communal colour. • What is NOT clear: • Who are those communal forces? It could be jihadi militants with an Islamic agenda; It could be Indian sponsored renegades to communalize the conflict. Opinion remains divided. • Only an independent investigation by an impartial agency can reveal the true identity of the killers. Kashmiris have repeatedly demanded inquiry and it continues to be ignored.

  36. Who are the Kashmiri Separatist Leaders? • The Hurriyat conference(APHC) is an umbrella organization of over 20 political, social and religious groups founded in 1993, which is the political face of the Kashmiri separatist movement with good support in the Valley, as attested by the compliance of the Valley in response to APHC's calls for strikes and protests; [Kashmir Times, 25 March 2003 Nadimarg Protest] Present Chairman: Mohammad Abbas Ansari • The Hurriyat is committed to self-determination for Kashmiris and fighting Indian rule by peaceful means • It is deeply divided in whether the ultimate objective is independence or accession to Pakistan. Suffers from lack of internal cohesion and lack of a solid united front. • The hardliners insist that talks with India must include Pakistan, an option India completely rejects. • It has refused to participate in Jammu & Kashmir's elections, argues elections are not a substitute forplebiscite. • The Hurriyat claims to represent the whole State, however it has refused to indicate the future status of various regions and communities within the proposed state; The Hurriyat does not have good support outside the Kashmir Valley and parts of Azad Kashmir and hence needs to accomodate regional solutions. • Yasin Malik: • Chairman of the JKLF and a pro-independence Hurriyat leader; • He was a military commander of the JKLF before becoming a politician with the JKLF cease-fire in 1994, which he largely brokered. • Says in an interview in Time Asia in 2000 that India has offered talks with Kashmiris subject to condition that Kashmir is a part of India, which he has refused. Consistently spoken for minorities. • Recently, he had launched a signature campaign to secure the signature of citizens in support of self-determination, which received very good response from the public and the signature campaign was interrupted by the State when they were arrested.[Kashmir Times, June 22] • Umar Farooq: • Seen as one of the more liberal Kashmiri opposition leaders, Farooq is one of the few who has consistently raised questions about Kashmiri minority communities as well as the majority Muslims.

  37. Present situation • Caught in the crossfire between militants and Indian security forces, Kashmir continues to bleed. • It is often forgotten that Kashmir dispute is not merely India Vs Pakistan, but also India Vs Kashmiris. • Any claim that all would be well in Kashmir but for Pakistan's cross-border terrorism is simplistic and hides the internal trauma in the Valley. Militancy is often a symptom and not the disease. The disease in this case is: existence of indigenous grievances in Kashmir Valley against India • Alienation: . • Kashmiris are alienated from both both India and Pakistan, given brutal repression by India and violence by pro-Pakistan militants. • In a recent poll by MORI [BBC News, 31 May], only 9% and 13% of people of Kashmir Valley, where the discontent and insurgency is concentrated, have preferred to join India and Pakistan respectively. (Jammu and Ladakh seem largely happy with India, which explains overall 61%) • In 2002 elections, in response to Hurriyet's poll boycott call, the turn-out was only 11% in Srinagar district and only 29% in all of the Valley. Those who voted were in fact voting for local issues such as electricity, hospitals and employment and voted in favour of a better administration • Last October 27 - the 55th anniversary of the arrival of Indian army - the Valley observed a complete shut-down in response to a call by the Hurriyet. Every year, this day is being continually observed as the "Black Day" on the call of the separatists since 1989 when the militancy erupted in Kashmir. The writing is on the wall for us to see[Kashmir Times, 27 October]. • Kashmiris, without doubt, are crying for peace, but certainly not for a peace on the terms dictated to them. They want their historical grievances to be addressed - denial of self-determination, erosion of autonomy, rigged elections and so on. They feel that too much blood has been lost and say they want peace with honour, not a humiliating peace; • Kashmiri Pandits and other minorities want a safe return to the Valley, their ancestral homeland, free from the terror of communal forces.

  38. Is there a solution? • Hardline positions of various parties: . • India: The Indian state considers the accession of Kashmir final and considers it as an integral part of India and continues to deny that there exists a genuine dispute and insists on dialogues being conditioned on Kashmir being a part of India; [ It should be noted that India's present claim of completed accession contradicts with 1948 White Paper which recognized Kashmir as a disputed territory and the accession as provisional till plebiscite] She is resistant to talks of plebiscite and Vajpayee has stated in 2002 that India will not accept LoC as the international border (IB) and that the issue of POK will top the agenda • Pakistan: Considers Kashmir as a disputed territory and continues to harp on implementation of a unitary plebiscite for whole of J&K as per UN resolutions and will not accept LoC as IB. The evolving consensus opinion however is that UN resolutions are out-dated, since the dispute has evolved into tripartite; that other regional solutions should be considered given that various regions in Kashmir have evolved independently since 1947 and that the conflict is restricted to the Kashmir Valley whose area is less than 16% of the total area of Indian controlled J&K. • Kashmiri activists do not consider the elections (which themselves have a history of having been rigged) as a substitute for a plebiscite. They insist on self-determination and unconditional dialogues; Hurriyet is deeply divided in whether the ultimate objective is independence or accession to Pakistan and continues to suffer from lack of internal cohesion and one solid united front. • While many observers agree that the need of the hour is cessation of hostilities from militants and Indian forces, followed by withdrawal of bulk of the half a million Indian soldiers from the Valley( which is seen as oppressive by the locals) and unconditional dialogues between all parties involved - India, Pakistan, Kashmiris- Muslims, Pandits and other minorities, it is not clear what could be a solution acceptable to all parties.

  39. Is there a solution? • There have been some interesting and innovative solutions proposed by various groups- which take into account the ego and territorial concerns of various parties involved. • Andorran Solution: . • This was proposed by Alastair Lamb in 1998- considered as the most eminent historian on Kashmir. • Well established precedent of Andorra: on the border between France and Spain; Internally autonomous; externally under a measure of French and Spanish influence and protection. • Both Azad Kashmir and the Kashmir Valley could be declared as autonmous regions with its internal self-government but with its external defence and foreign affairs controlled jointly by India and Pakistan - India in the case of Valley and Pak in the case of Azad Kashmir. • Major advantage of this Andorran solution: No territory under Indian control would be transferred to Pakistan and no territory under Pakistani control would be transferred to India. Existing LoC will become the border. India retains Jammu and Ladakh, Pakistan retains Northern Territories. • Solution by Kashmir Study Group (KSG): • Variants of an Andorran solution in slightly different forms have been proposed. One of them is discussed below. • A portion of former Princely State of J&K(mainly Valley and Azad Kashmir) be reconstituted as a sovereign entity (but one without an international personality) enjoying free access to and from both India and Pakistan • The new entity would have its own secular, democratic constitution, as well as its own citizenship, flag, and a legislature, which would legislate on all matters other than defense and foreign affairs. • All displaced persons, including Kashmiri Pandits, who left any portion of the Kashmir entity, shall have the right to return to their homesteads. • The borders of Kashmir with India and Pakistan would remain open for the free transit of people, goods, and services in accordance with arrangements to be worked out between India, Pakistan, and the Kashmiri entity.

  40. Insurgency is primarily concentrated in the 6200 sq. miles Kashmir Valley; Main bone of contention between India and Pakistan Courtesy: jammu-kashmir.com

  41. A solution proposed by Kashmir Study Group

  42. Hearts and Minds • “..Ultimately - I say this with all deference to this Parliament - the decision will be made in the hearts and minds of the men and women of Kashmir; neither in this Parliament, nor in the United Nations nor by anybody else," - Jawaharlal Nehru, Lok Sabha, August 7, 1952

  43. END OF PRESENTATION

  44. Repression in Azad Kashmir(AJK) • Quasi-independent with a President, a Prime Minister and a Legislature of its own. The Karachi Agreement in April 1949 between Pakistan, AJK Govt handed over matters related to defence, foreign policy, negotiations with the then UN Commission for India and Pakistan (UNCIP) and co-ordination of all affairs relating to Gilgit and Ladakh areas to Pakistan. • AJK was devoid of franchise till 1960, since no election was held till then; • From 1960 to 1975 the only elections held were indirect, through the ‘Basic Democracies’ of Ayub Khan; • AJK has been effectively governed through the Ministry of Kashmir Affairs in Islamabad and through a Chief Advisor of the rank of a Joint Secretary; • Since Bhutto’s Constitution in 1974, the main executive authority in AJK rests with the Council of which the Pakistan PM is the Chairman and which he dominates with his six nominees; and • Each executive head of Pakistan, be it General Ayub Khan, President and then Prime Minister Bhutto or General Zia, did exactly what he wanted in AJK, brought in martial law or the form of government which he desired, suspended political activities when he chose, and sacked the President/Prime Minister he disliked. The latest victim was Prime Minister Mumtaz Rathore, who was dismissed, arrested and flown by helicopter to a Pakistani prison in 1991. After the elections in June 1996, the President of AJK, Sikander Hayat Khan, was removed through a voice vote in the Assembly. • Though technically “Azad” Kashmir is quasi-independent with Pakistan’s jurisdiction limited to only defence, foreign affairs, currency and UNCIP related matters, Pakistan has controlled this territory in a repressive manner which has been resented by the local population. [4] Ref: [4] Rifaat Hussain, “Pakistan relations with Azad Kashmir”

  45. Repression in Northern Areas • The Northern Areas have no status. They are neither a province of Pakistan nor a part of "Azad Kashmir". They are ruled directly from Islamabad through a Northern Areas Council which is headed by Pakistan’s Minister for Kashmir Affairs. This area has always been governed directly from Islamabad through an appointed Chief Secretary, who is law in his own right as he is armed with the Frontier Crimes Regulation (FCR) laws. In many cases his decision is final, as there is no judicial system in place to challenge his oppressive rule. • The Northern Areas are a story of deprivation of a people and their land devoid of any development and denial of basic fundamental rights. There is no adult franchise, no assembly and the people have never participated in an election or sent representatives to the National Assembly. • Because of denial of basic human rights and unfair treatment the people of the region are alienated, and have no opportunity to even express their grievances, as there are no daily news papers or radio stations; Ref: [1]Shabir Choudhury, UN SUB COMMISSION ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS, 55th SESSION HELD IN GENEVA BETWEEN 28TH JULY AND 15TH AUGUST 2003.

  46. Timeline:Article 370 and Delhi Agreement • 1951:What is Article 370? • This is a temporary article enshrined in the Constitution of India, which can be abrogated only through a mandate from the Constituent Assembly of the state. It took birth from the norms of the Instrument of Accession signed between Maharaja Hari Singh and Lord Louis Mountbatten, the first governor-general of free India. The instrument concedes only three subjects -- defence, foreign affairs and communications -- to the Government of India, while retaining all others as per the Delhi Agreement. • What is the Delhi Agreement? • After the Jammu and Kashmir Constituent Assembly took several important decisions, it had to receive the concurrence of the Government of India. Accordingly, representatives of both sides met and arrived at an agreement later known as the 'Delhi Agreement, 1952'.

  47. Timeline:Article 370 and Delhi Agreement • What are the main features of the Delhi Agreement, 1952? • The salient features are: • Sovereignty in all matters other than those specified in the Instrument of Accession would reside with the state. • The state legislature was empowered to make laws conferring special rights and privileges on state subjects in view of the state subject notification of 1927 and 1932; the legislature was also empowered to make laws for state subjects who had gone to Pakistan on account of the communal disturbances of 1947, in the event of their return to Kashmir. • The Union government agreed that the state would have its own flag. • The state was to have a prime minister who would head the government instead of a chief minister and a sadr-i-riyasat instead of governor as head of state. The sadr-i-riyasat was to be elected by the state assembly instead of being a nominee of the President of India. • In view of the peculiar position in which the state was placed, the chapter relating to 'fundamental rights' in the Indian Constitution could not be made applicable to the state. • With regard to the jurisdiction of the Supreme Court of India, it was accepted that for the time being, owing to the existence of the Board of Judicial Advisers in the state, the highest judicial authority, the Supreme Court should have only appellate jurisdiction. • The Government of India agreed to the modification of Article 352 (emergency powers) in its application to Kashmir by addition of the following words: "but in regard to internal disturbances at the request or with the concurrence of the government of the state". • Both the state government and the Government of India agreed that the application of Article 356 dealing with suspension of the state Constitution and Article 360, dealing with financial emergency, were not necessary.

  48. Operation Topac • In the Indian Defence Review of July 1989, one of India's top defence specialists, K.Subrahmanyam, cited the existence of a secret Pakistani plan to start a Kashmiri uprising, code-named 'Operation Topac', that the late General Zia-ul-Haq reportedly set in motion. • However, this plan was later shown to be false and concocted by Indian analysts as a hypothetical exercise, a fact Subrahmanyam later acknowledged[1] . Curiously, Operation Topac continues to be quoted by Indian officials including the Indian Embassy. • Pakistan’s Role in 1989 Insurgency: Pak cashed in on the indigenous uprising in 1989 in the Valley and has been fuelling it with arms and training of militants. • Ref: [1] Edward Desmond, The Insurgency in Kashmir(1989-1991), Contemporary South Asia (March 1995), 4(1), p.8

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