PMS 2016, 2021, and 2022 Solved Pakistan Affairs Past Papers | Short note on Kashmir Dispute
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Question Breakdown
In this question, we need to write a note on the 18th Amendment, which should include a look at its features, and criticism on it. Moreover, a note on the Kashmir issue is asked, which should cover its background, developments to resolve the issue, and current developments. In the last note, Pakistan’s role in the UN is to be mentioned, and its efforts in the UN should be mentioned in various areas.
Outline
1- Introduction
2- Background of Kashmir Issue
3- India-Pakistan wars on Kashmir
- ✓ 1947-48 Indo-Pak War
- ✓ 1965 Indo-Pak War
- ✓ 1999 Kargil Conflict
3- An overview on the UN efforts for a peaceful settlement of the Kashmir Issue
- ✓ UNSC Resolution 39 (January 20, 1948)
- ✓ UNSC Resolution 47 (April 21, 1948)
- ✓ UNSC Resolution 91 (March 30, 1948)
4- Highlights of Indo-Pak Peace Talks: efforts to address mutual issues, including the Kashmir Issue
- ✓ Shimla Agreement 1972
- ✓ Islamabad Agreement 1997
- ✓ Agra Summit 2001
- ✓ Islamabad Declaration 2004
5- Conditions prevailing in the Indian Occupied Jammu and Kashmir (IOK)
6- A cursory glance on recent developments in Indian Occupied Jammu and Kashmir (IOK)
- ✓ Abrogation of Article 370 and 35A by Modi’s government
- ✓ Indian Supreme Court backs PM Modi’s step to remove Kashmir region’s semi-autonomy
- ✓ Elections in Kashmir in September 2024, since the revocation of article 370 and 35A
7- Conclusion
Answer to the Question
Introduction
The issue of Kashmir has remained an oldest yet unfinished item on the UN agenda for over 77 years. The region remained the sole reason for the two neighboring nations to enter war thrice, along with the long history of hostile relations. Though the UNSC has passed many resolutions to address the issue and the two governments have also initiated several dialogues to resolve it, the issue has still remained unsolved with Kashmiris suffering from the grave human right abuses and harsh treatment under the Indian government as the famous scholar Vincent Smith aptly noted, “Few regions in the world can have had worse luck than Kashmiris in the matter of government.” With the abrogation of article 370, granting special status to Kashmir, the future of a peaceful settlement through bilateral negotiations has become much more complex and fraught with new challenges. In short, the issue of Kashmir, despite many resolutions and several attempts made by the two countries, has remained a flashpoint between India and Pakistan, calling for serious attention.
Background of Kashmir Issue
Jammu and Kashmir is a region comprising diverse ethnic and religious groups, with Jammu dominated mainly by Hindus and Muslims, Kashmir dominated by Muslims, Ladakh dominated by Buddhists, and northern areas along with Punch region dominated by Muslims. At the time of Partition 1947, the region was ruled by a Hindu ruler, who upon the pressure of Indian leaders, acceded its territory to India on October 26, 1947, brushing aside the aspirations of the 78% Muslim majority population in the Jammu and Kashmir region. This sparked revolt from Muslims, which eventually led to liberation of a large tract of the State and establishment of Azad Jammu and Kashmir. The issue has since then been an unfinished agenda of the United Nations and has over time taken a back seat in international forums.
India-Pakistan wars on Kashmir
- 1947-48 Indo-Pak War
Following Kashmir’s accession to India, a war broke out between the two neighbours, India and Pakistan. As a result, the United Nations (UN) intervened, resulting in a ceasefire between the two states, and the establishment of the Line of Control (LoC). LoC divides the region into areas controlled by India and Pakistan.
- 1965 Indo-Pak War
Another war erupted between India and Pakistan in 1965 over Kashmir due to the non-resolution of the issue after the 1947-48 War. Pakistan launched Operation Gibraltar to fuel the liberation struggle in Jammu and Kashmir. Upon its failure, Pakistan launched an Operation, codenamed Grand Slam, focused on capturing Akhnur, and then capturing Rajouri, Naushehra, and Jammu, as feasible. In response to these attacks, India launched border attacks across the international border on 6th September 1965, culminating in a full-scale war. The 17-day war caused an unprecedented loss on both sides and observed the largest combat of armored vehicles since World War 2. The war was later ended with the UN intervention on September 22, 1965.
- 1999 Kargil Conflict
The Kargil War was fought between India and Pakistan in Kargil district of Kashmir from May to July 1999. It drew a great deal of the world’s attention due to the possibility of war turning into a nuclear escalation as both states recently became nuclear powers. However, following the visit of PM Nawaz Sharif to US President Bill Clinton, intervention by the US resulted in significant de-escalation,.
An overview on the UN efforts for a peaceful settlement of the Kashmir Issue
- UNSC Resolution 39 (January 20, 1948)
It was a second resolution passed by the United Nations Security Council (UNSC) to suggest a course of action to the UNSC for furthering peace in the Jammu and Kashmir region after the first Indo-Pak War. The UNSC resolution established the United Nations Commission for India and Pakistan (UNCIP), comprising a member from India, Pakistan and a mutually agreed 3rd member to investigate and mediate the dispute. Moreover, the commission was charged with carrying out the directions of the UNSC.
- UNSC Resolution 47 (April 21, 1948)
Another resolution was passed to solve the Kashmir conundrum through a three-step process: Pakistan withdrawing its nationals, India reducing its troop size, and arrangements to be made for holding a plebiscite. Moreover, the number of members of UNCIP expanded from three to five to recommend different ways to halt fighting.
- UNSC Resolution 91 (March 30, 1948)
It directed the United Nations Military Observer Group in India and Pakistan (UNMOGIP) to continue to monitor the ceasefire line between India and Pakistan. The observer group was responsible for observing and reporting, investigating the complaints of ceasefire violations, and submitting its report to each country and the UN Secretary General. The resolution reiterated that no elections in Jammu and Kashmir territory can substitute a plebiscite, in response to a statement made by the Indian government after the State went into elections in 1951, in which Sheikh Abdullah’s National Conference won through a rigged election. The resolution further appointed a UN representative, Dr. Frank P. Gram, to effect de-militarization in the region for the plebiscite, though it was not successful.
Highlights of Indo-Pak Peace Talks: efforts to address mutual issues, including the Kashmir issue
- Shimla Agreement 1972
Shimla Agreement was a result of mutual agreement of the two neighbors, India and Pakistan, to resolve the longstanding issues, including the Kashmir issue, which have marred their relations. It proposed bilateral negotiations as a tool to settle all bilateral issues peacefully.
- Islamabad Agreement 1997
The bilateral talks at the secretary level pinpointed eight issues, including the Kashmir issue. Pakistan reiterated its position on Kashmir status. Though it set the stage for negotiations, it proved to be futile as proved by the subsequent Kargil Conflict between the two countries.
- Agra Summit 2001
It was another important development that aimed to resolve longstanding bilateral issues, including the Kashmir issue. The two countries, however, failed to arrive at a joint agreement due to the differences on the status of the Kashmir region.
- Islamabad Declaration 2004
Islamabad Declaration was another attempt on behalf of the two countries to start composite dialogues to resolve the bilateral issues between the two countries on the occasion of the 12th SAARC Summit. The two leaders were convinced that the dialogues would result in the peaceful settlement of bilateral issues, including the Kashmir issue, though it still remains a major issue dominating Indo-Pak relations.
Conditions prevailing in the Indian Occupied Jammu and Kashmir (IOK)
Kashmir has repeatedly seen curfews, with armed forces of India enjoying special powers through Armed Forces Special Powers Act 1958, which according to the Amnesty International, has facilitated grave human rights abuses, including extrajudicial execution, disappearance, rape, and torture. Large-scale paramilitary operations in the valley have worsened the situation and compelled the people to join liberation fronts to liberate their land from India’s aggressive rule. Amnesty International demanded the instant release of captives held without charge, and a complete end to the communication blackout in the occupied territory. This presents a grim picture of human rights conditions prevailing in the territory.
A cursory glance on recent developments in Indian Occupied Jammu and Kashmir (IOK)
- Abrogation of Article 370 and 35A by Modi’s government
Narendra Modi contested the 2019 elections with the manifesto of revoking the special status of Kashmir and granting settlement to non-Kashmiri settlers in the Jammu and Kashmir. On August 5, 2019, Modi’s government revoked article 370, granting special status to Kashmir, and article 35A, dealing with the rights and privileges of permanent residents of Kashmir and forbids non-Kashmiris from permanently residing, acquiring land, getting local government jobs, or winning education scholarships in the region. In short, it was an attempt to invalidate the very basic agreement, for which Kashmir acceded to India.
- Indian Supreme Court backs PM Modi’s step to remove Kashmir region’s semi-autonomy
The people of Kashmir filed a petition against the government’s move to abrogate articles 370 and 35A, hoping that they would get their lost status back. Unfortunately, Modi’s government’s move was validated by the Supreme Court of India, stating that the aforementioned articles were temporary provisions and were bound to terminate. This has vanished all hopes of the Kashmiri people to get their status back after the endorsement from the country’s appellate court. In addition, the prospects of a peaceful settlement of Kashmir have further become complicated and need serious efforts on the part of the two governments to resolve it.
- Elections in Kashmir in September 2024, since the revocation of article 370 and 35A
One of the recommendations given to the Indian government by the Supreme Court of India (SCI) in its judgement in the abrogation of article 370 and 35A case was the conduct of elections in the two union territories – Jammu and Kashmir on the west and Ladakh on the east– by September 2024. Following the decision of the SCI, Election Commission of India announced elections in Jammu and Kashmir in three phases on September 18th, September 25th and October 1st, 2024. The region is going to see elections after 15 years. However, despite these elections, New Delhi will have a hold on key decisions, including security and appointing Kashmir’s governor. Moreover, the Central government will have the power to override the legislation passed by the 90-seat assembly.
All these developments will further complicate the implementation of UNSC resolutions. After scraping article 35A, India is on the move to alter the demography of the territory, which in the long run will ultimately benefit India in case a plebiscite is conducted.
Conclusion
Kashmir issue is one of the important issues between India and Pakistan marring their 77 years relationship. The issue has attracted many UNSC resolutions and efforts on the part of two governments to address it, yet the issue persists, along with new developments unfolding in the form of article 370 abrogation, which grants special status to Kashmir. In such a state of affairs, the resolution of Kashmir through the UNSC resolutions has become bleak and presents little hope of a peaceful settlement of the Kashmir predicament.
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