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Table of contents

In the words of the National Conference leader Syed Mir Qasim , India had the "legal" as well as "moral" justification to send in the army through the Maharaja's accession and the people's support of it. The Indian troops, which were air lifted in the early hours of 27 October, secured the Srinagar airport.

The city of Srinagar was being patrolled by the National Conference volunteers with Hindus and Sikhs moving about freely among Muslims, an "incredible sight" to visiting journalists. The National Conference also worked with the Indian Army to secure the city. In the north of the state lay the Gilgit Agency , which had been leased by British India but returned to the Maharaja shortly before Independence. Gilgit's population did not favour the State's accession to India.

The bloodless coup d'etat was planned by Brown to the last detail under the code name ' Datta Khel'. According to historian Yaqoob Khan Bangash, the provisional government lacked sway over the population which had intense pro-Pakistan sentiments. Rebel forces from the western districts of the State and the Pakistani Pakhtoon tribesmen [note 3] [note 4] made rapid advances into the Baramulla sector. In the Kashmir valley, National Conference volunteers worked with the Indian Army to drive out the 'raiders'.

The Pakistan army made available arms, ammunition and supplies to the rebel forces who were dubbed the 'Azad Army'. Pakistani army officers 'conveniently' on leave and the former officers of the Indian National Army were recruited to command the forces. In May , the Pakistani army officially entered the conflict, in theory to defend the Pakistan borders, but it made plans to push towards Jammu and cut the lines of communications of the Indian forces in the Mendhar valley.

Christine Fair notes that this was the beginning of Pakistan using irregular forces and 'asymmetric warfare' to ensure plausible deniability, which has continued ever since. On 1 November , Mountbatten flew to Lahore for a conference with Jinnah , proposing that, in all the princely States where the ruler did not accede to a Dominion corresponding to the majority population which would have included Junagadh , Hyderabad as well as Kashmir , the accession should be decided by an 'impartial reference to the will of the people'.

Jinnah rejected the offer. According to Indian scholar A. Noorani Jinnah ended up squandering his leverage. According to Jinnah, India acquired the accession through "fraud and violence. He was willing to urge Junagadh to accede to India in return for Kashmir. For a plebiscite, Jinnah demanded simultaneous troop withdrawal for he felt that 'the average Muslim would never have the courage to vote for Pakistan' in the presence of Indian troops and with Sheikh Abdullah in power. When Mountbatten countered that the plebiscite could be conducted by the United Nations, Jinnah, hoping that the invasion would succeed and Pakistan might lose a plebiscite, again rejected the proposal, stating that the Governors Generals should conduct it instead.

Mountbatten noted that it was untenable given his constitutional position and India did not accept Jinnah's demand of removing Sheikh Abdullah. Prime Ministers Nehru and Liaquat Ali Khan met again in December, when Nehru informed Khan of India's intention to refer the dispute to the United Nations under article 35 of the UN Charter, which allows the member states to bring to the Security Council attention situations 'likely to endanger the maintenance of international peace'. Nehru and other Indian leaders were afraid since that the "temporary" accession to India might act as an irritant to the bulk of the Muslims of Kashmir.

Secretary in Patel's Ministry of States, V. Menon, admitted in an interview in that India had been absolutely dishonest on the issue of plebiscite. Noorani blames many Indian and Pakistani leaders for the misery of Kashmiri people but says that Nehru was the main culprit. The measure called for an immediate cease-fire and called on the Government of Pakistan 'to secure the withdrawal from the state of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting. One sticking point was whether the Azad Kashmiri army was to be disbanded during the truce stage or at the plebiscite stage.

A two-part process was proposed for the withdrawal of forces. In the first part, Pakistan was to withdraw its forces as well as other Pakistani nationals from the state. In the second part, "when the Commission shall have notified the Government of India" that Pakistani withdrawal has been completed, India was to withdraw the bulk of its forces. After both the withdrawals were completed, a plebiscite would be held.

The Indian government considered itself to be under legal possession of Jammu and Kashmir by virtue of the accession of the state. The assistance given by Pakistan to the rebel forces and the Pakhtoon tribes was held to be a hostile act and the further involvement of the Pakistan army was taken to be an invasion of Indian territory. From the Indian perspective, the plebiscite was meant to confirm the accession, which was in all respects already complete, and Pakistan could not aspire to an equal footing with India in the contest. The Pakistan government held that the state of Jammu and Kashmir had executed a Standstill Agreement with Pakistan which precluded it from entering into agreements with other countries.

It also held that the Maharaja had no authority left to execute accession because his people had revolted and he had to flee the capital. It believed that the Azad Kashmir movement as well as the tribal incursions were indigenous and spontaneous, and Pakistan's assistance to them was not open to criticism. In short, India required an asymmetric treatment of the two countries in the withdrawal arrangements, regarding Pakistan as an 'aggressor', whereas Pakistan insisted on parity.

The UN mediators tended towards parity, which was not to India's satisfaction. Cold War historian Robert J. McMahon states that American officials increasingly blamed India for rejecting various UNCIP truce proposals under various dubious legal technicalities just to avoid a plebiscite. McMahon adds that they were 'right' since a Muslim majority made a vote to join Pakistan the 'most likely outcome' and postponing the plebiscite would serve India's interests.

Scholars have commented that the failure of the Security Council efforts of mediation owed to the fact that the Council regarded the issue as a purely political dispute without investigating its legal underpinnings. The UNCIP appointed its successor, Sir Owen Dixon, to implement demilitarization prior to a statewide plebiscite on the basis of General McNaughton's scheme, and to recommend solutions to the two governments.

Dixon then offered an alternative proposal, widely known as the Dixon plan. Dixon did not view the state of Jammu and Kashmir as one homogeneous unit and therefore proposed that a plebiscite be limited to the Valley. Dixon agreed that people in Jammu and Ladakh were clearly in favour of India; equally clearly, those in Azad Kashmir and the Northern Areas wanted to be part of Pakistan. This left the Kashmir Valley and 'perhaps some adjacent country' around Muzaffarabad in uncertain political terrain.

Dixon also had concerns that the Kashmiris, not being high-spirited people, may vote under fear or improper influences. This was not acceptable to India which rejected the Dixon plan.

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Another grounds for India's rejection of the limited plebiscite was that it wanted Indian troops to remain in Kashmir for "security purposes", but would not allow Pakistani troops the same. However, Dixon's plan had encapsulated a withdrawal by both sides. Dixon had believed a neutral administration would be essential for a fair plebiscite.


The Parchment of Kashmir

Dixon came to the conclusion that India would never agree to conditions and a demilitarization which would ensure a free and fair plebiscite. Pakistan protested to the Security Council which informed India that this development conflicted with the parties' commitments. The National Conference rejected this resolution and Nehru supported this by telling Dr Graham that he would receive no help in implementing the Resolution. The delay caused frustration in Pakistan and Zafrullah Khan went on to say that Pakistan was not keeping a warlike mentality but did not know what Indian intransigence would lead Pakistan and its people to.

India accused Pakistan of ceasefire violations and Nehru complained of 'warmongering propaganda' in Pakistan. The prime ministers of the two countries exchanged telegrams accusing each other of bad intentions. Liaquat Ali Khan rejected Nehru's charge of warmongering propaganda. Khan also accused India of raising its defence budget in the past two years, a charge which Nehru rejected while expressing surprise at Khan's dismissal of the 'virulent' anti-Indian propaganda.

Khan and Nehru also disagreed on the details of the no-war declarations. Khan then submitted a peace plan calling for a withdrawal of troops, settlement in Kashmir by plebiscite, renouncing the use of force, end to war propaganda and the signing of a no-war pact. The peace plan failed. While an opposition leader in Pakistan did call for war, leaders in both India and Pakistan did urge calm to avert disaster. The Commonwealth had taken up the Kashmir issue in January Australian Prime Minister Robert Menzies suggested that a Commonwealth force be stationed in Kashmir; that a joint Indo-Pakistani force be stationed in Kashmir and the plebiscite administrator be entitled to raise local troops while the plebiscite would be held.

Pakistan accepted these proposals but India rejected them because it did not want Pakistan, who was in India's eyes the 'aggressor', to have an equal footing. The United States and Britain proposed that if the two could not reach an agreement then arbitration would be considered. Pakistan agreed but Nehru said he would not allow a third person to decide the fate of four million people. However, the peace was short-lived. Later by , Sheikh Abdullah, who was by then in favour of resolving Kashmir by a plebiscite, an idea which was "anametha" to the Indian government according to historian Zutshi, [] fell out with the Indian government.

He was dismissed and imprisoned in August His former deputy, Bakshi Ghulam Mohammad was appointed as the prime minister , and Indian security forces were deployed in the Valley to control the streets. A second meeting followed in Delhi in the backdrop of unrest in Kashmir following Sheikh Abdullah's arrest.

The two sides agreed to hold a plebiscite in Kashmir. They also agreed informally to not retain the UN-appointed plebiscite administrator Nimitz because India felt a pro-Pakistan bias on America's part. An outcry in Pakistan's press against agreeing to India's demand was ignored by both Bogra and Nehru who kept the negotiations on track. This was an unsuccessful attempt. Nehru's withdrawal from the plebiscite option came as a major blow to all concerned.

Indian writer Nirad C. Chaudhuri has observed that Pakistan's acceptance of Western support ensured its survival. For scholar Wayne Wilcox, Pakistan was able to find external support to counter "Hindu superiority", returning to the group security position of the early 20th century. In , troops from the People's Republic of China and India clashed in territory claimed by both. China won a swift victory in the war. Aksai Chin , part of which was under Chinese jurisdiction before the war, [] [] [] [] remained under Chinese control since then.

Following its failure to seize Kashmir in , Pakistan supported numerous 'covert cells' in Kashmir using operatives based in its New Delhi embassy. After its military pact with the United States in the s, it intensively studied guerrilla warfare through engagement with the US military.

In , it decided that the conditions were ripe for a successful guerilla war in Kashmir. Code named ' Operation Gibraltar ', companies were dispatched into Indian-administered Kashmir, the majority of whose members were razakars volunteers and mujahideen recruited from Pakistan-administered Kashmir and trained by the Army. These irregular forces were supported by officers and men from the paramilitary Northern Light Infantry and Azad Kashmir Rifles as well as commandos from the Special Services Group. About 30, infiltrators are estimated to have been dispatched in August as part of the 'Operation Gibraltar'.

The plan was for the infiltrators to mingle with the local populace and incite them to rebellion. Meanwhile, guerilla warfare would commence, destroying bridges, tunnels and highways, as well as Indian Army installations and airfields, creating conditions for an 'armed insurrection' in Kashmir. However, the 'Operation Gibraltar' ended in failure as the Kashmiris did not revolt. Instead, they turned in infiltrators to the Indian authorities in substantial numbers, and the Indian Army ended up fighting the Pakistani Army regulars. Pakistan claimed that the captured men were Kashmiri 'freedom fighters', a claim contradicted by the international media.

In response, India broadened the war by launching an attack on Pakistani Punjab across the international border. The war lasted until 23 September, ending in a stalemate. Following the Tashkent Agreement , both the sides withdrew to their pre-conflict positions, and agreed not to interfere in each other's internal affairs. Bangladesh was created as a separate state with India's support and India emerged as a clear regional power in South Asia.

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A bilateral summit was held at Simla as a follow-up to the war, where India pushed for peace in South Asia. India was ready to return them in exchange for a "durable solution" to the Kashmir issue. Diplomat J. Dixit states that the negotiations at Simla were painful and tortuous, and almost broke down. The deadlock was broken in a personal meeting between the Prime Ministers Zulfikar Ali Bhutto and Indira Gandhi , where Bhutto acknowledged that the Kashmir issue should be finally resolved and removed as a hurdle in India-Pakistan relations; that the cease-fire line, to be renamed the Line of Control , could be gradually converted into a de jure border between India and Pakistan; and that he would take steps to integrate the Pakistani-controlled portions of Jammu and Kashmir into the federal territories of Pakistan.

Accordingly, the Simla Agreement was formulated and signed by the two countries, whereby the countries resolved to settle their differences by peaceful means through bilateral negotiations and to maintain the sanctity of the Line of Control. Multilateral negotiations were not ruled out, but they were conditional upon both sides agreeing to them. However Pakistan reinterpreted the wording in the light of a reference to the "UN charter" in the agreement, and maintained that it could still approach the UN.

The Simla Agreement also stated that the two sides would meet again for establishing durable peace. Reportedly Bhutto asked for time to prepare the people of Pakistan and the National Assembly for a final settlement. Indian commentators state that he reneged on the promise.

echoes from beyond the banihal kashmir human rights and armed forces Manual

Bhutto told the National Assembly on 14 July that he forged an equal agreement from an unequal beginning and that he did not compromise on the right of self-determination for Jammu and Kashmir. The envisioned meeting never occurred. Political movements in the princely state of Jammu and Kashmir started in , earlier than in any other princely state of India.

Three years later, rifts developed within the Conference owing to political, regional and ideological differences. A faction of the party's leadership grew disenchanted with Abdullah's leanings towards Nehru and the Congress, and his secularisation of Kashmiri politics. These developments indicated fissures between the ethnic Kashmiris and Jammuites, as well as between the Hindus and Muslims of Jammu. In , the National Conference launched the 'Quit Kashmir' movement, asking the Maharaja to hand the power over to the people.

The movement came under criticism from the Muslim Conference, who charged that Abdullah was doing it to boost his own popularity, waning because of his pro-India stance. Both Abdullah and Abbas were imprisoned. However, following the communal upheaval of the Partition and the tribal invasion, its position changed to supporting the accession of the state to India and, subsequently, full integration of Jammu with India. Article was drafted in the Indian constitution granting special autonomous status to the state of Jammu and Kashmir , as per Instrument of Accession.

This article specifies that the State must concur in the application of laws by Indian parliament, except those that pertain to Communications, Defence and Foreign Affairs. Central Government could not exercise its power to interfere in any other areas of governance of the state. Sheikh Abdullah took oath as Prime Minister of the state on 17 March Elections were held for the Constituent Assembly of Jammu and Kashmir in , with 75 seats allocated for the Indian administered part of Kashmir, and 25 seats left reserved for the Pakistan administered part.

Sheikh Abdullah's National Conference won all 75 seats in a rigged election. Sheikh initially wanted the Constituent Assembly to decide the State's accession. But this was not agreed to by Nehru, who stated that such "underhand dealing" would be very bad, as the matter was being decided by the UN. Sheikh Abdullah was said to have ruled the state in an undemocratic and authoritarian manner during this period. According to historian Zutshi, in the late s, most Kashmiri Muslims in Indian Kashmir were still debating the value of the state's association with India or Pakistan.

By the s, she says, the National Conference government's repressive measures and the Indian state's seeming determination to settle the state's accession to India without a reference to the people of the state brought Kashmiri Muslims to extol the virtues of Pakistan and condemn India's high-handedness in its occupation of the territory, and even those who had been in India's favour began to speak in terms of the state's association with Pakistan.

In early , an agitation was started by Jammu Praja Parishad , a Hindu nationalist party which was active in the Jammu region, over the ruling National Conference's policies. The government swiftly suppressed it by arresting as many as members of the Praja Parishad including Prem Nath Dogra, its president.

Though Sheikh's land reforms were said to have benefited the people of rural areas, Praja Parishad opposed the 'Landed Estates Abolition Act', saying it was against the Indian Constitutional rights, for implementing land acquisition without compensation. Praja Parishad also called for the full integration with the rest of India, directly clashing with the demands of National Conference for complete autonomy of the state. On 15 January , students staged a demonstration against the hoisting of the state flag alongside the Indian Union flag.

They were penalised, giving rise to a big procession on 8 February. The military was called out and a hour curfew imposed. Gopalaswami Ayyangar , the Indian Central Cabinet minister in charge of Kashmir affairs, came down to broker peace, which was resented by Sheikh Abdullah. In order to break the constitutional deadlock, Nehru invited the National Conference to send a delegation to Delhi.

The ' Delhi Agreement' was formulated to settle the extent of applicability of the Indian Constitution to the Jammu and Kashmir and the relation between the State and Centre. It was reached between Nehru and Abdullah on 24 July However, the Assembly was reluctant to implement the remaining measures agreed to in the Delhi Agreement. In , Sheikh Abdullah drifted from his previous position of endorsing accession to India to insisting on the self-determination of Kashmiris. The Praja Parishad undertook a civil disobedience campaign for a third time in November , which again led to repression by the state government.

The Parishad accused Abdullah of communalism sectarianism , favouring the Muslim interests in the state and sacrificing the interests of the others. In May , Shyama Prasad Mukherjee , a prominent Indian leader of the time and the founder of Hindu nationalist party Bharatiya Jana Sangh later evolved as BJP , made a bid to enter Jammu and Kashmir after denying to take a permit, citing his rights as an Indian citizen to visit any part of the country.

Abdullah prohibited his entry and promptly arrested him when he attempted. An estimated 10, activists were imprisoned in Jammu, Punjab and Delhi, including Members of Parliament. Unfortunately, Mukherjee died in detention on 23 June , leading to an uproar in whole India and precipitating a crisis that went out of control. Observers state that Abdullah became upset, as he felt, his "absolute power" was being compromised in India. Meanwhile, Nehru's pledge of a referendum to people of Kashmir did not come into action. Sheikh Abdullah advocated complete independence and had allegedly joined hands with US to conspire against India.

He was denied the opportunity to prove his majority on the floor of the house. He was also jailed in while Sheikh's dissident deputy, Bakshi Ghulam Mohammad was appointed as the new Prime Minister of the state. From all the information I have, 95 per cent of Kashmir Muslims do not wish to be or remain Indian citizens. I doubt therefore the wisdom of trying to keep people by force where they do not wish to stay.

This cannot but have serious long-term political consequences, though immediately it may suit policy and please public opinion. Bakshi Mohammad implemented all the measures of the ' Delhi Agreement'. After the overthrow of Sheikh Abdullah, his lieutenant Mirza Afzal Beg formed the Plebiscite Front on 9 August to fight for the plebiscite demand and the unconditional release of Sheikh Abdullah. The activities of the Plebiscite Front eventually led to the institution of the infamous Kashmir Conspiracy Case in and two other cases.

On 8 August , Abdullah was arrested on the charges of these cases. India's Home Minister, Pandit Govind Ballabh Pant , during his visit to Srinagar in , declared that the State of Jammu and Kashmir was an integral part of India and there could be no question of a plebiscite to determine its status afresh, hinting that India would resist plebiscite efforts from then on. After the mass unrest due to missing of holy relic from the Hazratbal Shrine on 27 December , the State Government dropped all charges in the Kashmir Conspiracy Case as a diplomatic decision, on 8 April Sheikh Abdullah was released and returned to Srinagar where he was accorded a great welcome by the people of the valley.

After his release he was reconciled with Nehru. Nehru requested Sheikh Abdullah to act as a bridge between India and Pakistan and make President Ayub to agree to come to New Delhi for the talks for a final solution of the Kashmir problem. President Ayub Khan also sent telegrams to Nehru and Sheikh Abdullah with the message that as Pakistan too was a party to the Kashmir dispute any resolution of the conflict without its participation would not be acceptable to Pakistan.

Sheikh Abdullah went to Pakistan in the spring of President Ayub Khan of Pakistan held extensive talks with him to explore various avenues for solving the Kashmir problem and agreed to come to Delhi in mid June for talks with Nehru as suggested by him.

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  • Even the date of his proposed visit was fixed and communicated to New Delhi. However, while Abdullah was still in Pakistan, news came of the sudden death of Nehru on 27 May The peace initiative died with Nehru.

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    • After Nehru's death in , Abdullah was interned from to and exiled from Kashmir in for 18 months. The Plebiscite Front was also banned. This was allegedly done to prevent him and the Plebiscite Front which was supported by him, from taking part in elections in Kashmir. On 21 November , the Articles and of the Indian Constitution were extended to the state, by virtue of which the Central Government can assume the government of the State and exercise its legislative powers.

      On 24 November , the Jammu and Kashmir Assembly passed a constitutional amendment changing the elected post of Sadr-i-Riyasat to a centrally-nominated post of "Governor" and renaming "Prime Minister" to "Chief Minister", which is regarded as the "end of the road" for the Article , and the Constitutional autonomy guaranteed by it. Later in , Maqbool Bhat is arrested on his return to the Valley. Shortly after war, Kashmiri Pandit activist and writer, Prem Nath Bazaz wrote that the overwhelming majority of Kashmir's Muslims were unfriendly to India and wanted to get rid of the political setup, but did not want to use violence for this purpose.

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      In , the declaration of Bangladesh's independence was proclaimed on 26 March by Sheikh Mujibur Rahman, and subsequently the Bangladesh Liberation War broke out in erstwhile East Pakistan between Pakistan and Bangladesh which was later joined by India, and subsequently war broke out on the western border of India between India and Pakistan, both of which culminated in the creation of Bangladesh. It is said that, Sheikh Abdullah, watching the alarming turn of events in the subcontinent, realized that for the survival of the region, there was an urgent need to stop pursuing confrontational politics and promoting solution of issues by a process of reconciliation and dialogue.

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      Critics of Sheikh hold the view that he gave up the cherished goal of plebiscite for gaining Chief Minister's chair. He started talks with the then Prime Minister Indira Gandhi for normalizing the situation in the region and came to an accord with her, called Indira-Sheikh accord , by giving up the demand for a plebiscite in lieu of the people being given the right to self-rule by a democratically elected Government as envisaged under article of the Constitution of India , rather than the "puppet government" which is said to have ruled the state until then.

      Sheikh assumed the position of Chief Minister of Jammu and Kashmir again after 11 years. Later in , the Central Government and the ruling Congress Party withdrew its support so that the State Assembly had to be dissolved and mid term elections called. Sheikh's party National Conference won a majority 47 out of 74 seats in the subsequent elections, on the pledge to restore Jammu and Kashmir's autonomy, and Sheikh Abdullah was re-elected as Chief Minister. The Assembly election is regarded as the first "free and fair" election in the Jammu and Kashmir state.

      He remained as Chief Minister of Jammu and Kashmir until his death in Later his eldest son Farooq Abdullah succeeded him as the Chief Minister of the state. During the Assembly elections , Indira Gandhi campaigned aggressively, raising the bogey of a 'Muslim invasion' in the Jammu region because of the Resettlement Bill, passed by the then NC government, which gave Kashmiris who left for Pakistan between and the right to return, reclaim their properties and resettle.

      On the other hand, Farooq Abdullah allied with the Mirwaiz Maulvi Mohammed Farooq for the elections and charged that the state's autonomy had been eroded by successive Congress Party governments. The strategies yielded dividends and the Congress won 26 seats, while the NC secured This election is said to have cemented the political polarization on religious lines in the Jammu and Kashmir state.

      After the results of the election, the Hindu nationalists in the state were demanding stricter central government control over the state whereas Kashmir's Muslims wanted to preserve the state's autonomy. Islamic fundamentalist groups clamoured for a plebiscite. Maulvi Farooq challenged the contention that there was no longer a dispute on Kashmir. He said that the people's movement for plebiscite would not die even though India thought it did when Sheikh Abdullah died.

      In , learned men of Kashmiri politics testified that Kashmiris had always wanted to be independent. But the more serious-minded among them also realised that this is not possible, considering Kashmir's size and borders. According to historian Mridu Rai , for three decades Delhi's handpicked politicians in Kashmir had supported the State's accession to India in return for generous disbursements from Delhi. Rai states that the state elections were conducted in Jammu and Kashmir, but except for the and elections no state election was fair. Kashmiri Pandit activist Prem Nath Bazaz wrote that if free elections were held, the majority of seats would be won by those not friendly to India.

      Increasing anti-Indian protests took place in Kashmir in the s. The Soviet-Afghan jihad and the Islamic Revolution in Iran were becoming sources of inspiration for large numbers of Kashmiri Muslim youth. The state authorities responded with increasing use of brute force to simple economic demands. When Kashmir Liberation Front militant Maqbool Bhat was executed in February , strikes and protests by Kashmiri nationalists broke out in the region.

      Large numbers of Kashmiri youth participated in widespread anti India demonstrations, which faced heavy handed reprisals by Indian state forces. His visit to Pakistan administered Kashmir became an embarrassment, where according to Hashim Qureshi , he shared a platform with Kashmir Liberation Front. Though Abdullah asserted that he went on behalf of Indira Gandhi and his father, so that sentiments there could "be known first hand", few people believed him.

      There were also allegations that he had allowed Khalistan terrorist groups to train in Jammu province, although those allegations were never proved. On 2 July , Ghulam Mohammad Shah , who had support from Indira Gandhi, replaced his brother-in-law Farooq Abdullah and became the chief minister of Jammu and Kashmir, after Abdullah was dismissed, in what was termed as a political "coup". As late as that year, Jamaat member Syed Ali Shah Geelani, who later became a supporter of Kashmir's armed revolt, urged that the solution for the Kashmir issue be arrived at through peaceful and democratic means.

      Shah's administration, which did not have the people's mandate, turned to Islamists and opponents of India, notably the Molvi Iftikhar Hussain Ansari , Mohammad Shafi Qureshi and Mohinuddin Salati, to gain some legitimacy through religious sentiments. This gave political space to Islamists who previously lost overwhelmingly, allegedly due to massive rigging, [] in the state elections. People of Jammu took to streets to protest against this decision, which led to a Hindu-Muslim clash.

      Islam is in danger. As a result, communal violence gripped the region, in which Hindus were targeted, especially the Kashmiri pandits, who later in the year , fled the valley in large numbers. During the Anantnag riot in February , although no Hindu was killed, many houses and other properties belonging to Hindus were looted, burnt or damaged. An investigation of Anantnag riots revealed that members of the 'secular parties' in the state, rather than the Islamists, had played a key role in organising the violence to gain political mileage through religious sentiments.

      Shah called in the army to curb the violence, but it had little effect. His government was dismissed on 12 March , by the then Governor Jagmohan following communal riots in south Kashmir. This led Jagmohan to rule the state directly. Jagmohan is said to have failed to distinguish between the secular forms and Islamist expressions of Kashmiri identity, and hence saw that identity as a threat. This failure was exploited by the Islamists of the valley, who defied the 'Hindu nationalist' policies implemented during Jagmohan's tenure, and thereby gained momentum.

      The political fight was hence being portrayed as a conflict between "Hindu" New Delhi Central Government , and its efforts to impose its will in the state, and "Muslim" Kashmir, represented by political Islamists and clerics. Their slogan was wanting the law of the Quran in the Assembly. There was highest recorded participation in this election. Eighty per cent of the people in the Valley voted. MUF received victory in only 4 of the contested 43 electoral constituencies despite its high vote share of 31 per cent this means that its official vote in the Valley was larger than one-third.

      The elections were widespreadly believed to have been rigged by the ruling party National Conference, allied with the Indian National Congress. He stated:. The losing candidates were declared winners. It shook the ordinary people's faith in the elections and the democratic process. In the years since , the Kashmiri Muslims and the Indian government have conspired to abolish the complexities of Kashmiri civilization. The world it inhabited has vanished: the state government and the political class, the rule of law, almost all the Hindu inhabitants of the valley, alcohol, cinemas, cricket matches, picnics by moonlight in the saffron fields, schools, universities, an independent press, tourists and banks.

      In this reduction of civilian reality, the sights of Kashmir are redefined: not the lakes and Mogul gardens, or the storied triumphs of Kashmiri agriculture, handicrafts and cookery, but two entities that confront each other without intermediary: the mosque and the army camp.

      In , a widespread popular and armed insurgency [] [] started in Kashmir. After the state legislative assembly election, some of the results were disputed. This resulted in the formation of militant wings and marked the beginning of the Mujahadeen insurgency, which continues to this day. Since , Malik has renounced the use of violence and calls for strictly peaceful methods to resolve the dispute. Malik developed differences with one of the senior leaders, Farooq Siddiqui alias Farooq Papa , for shunning demands for an independent Kashmir and trying to cut a deal with the Indian Prime Minister.

      Amnesty International has accused security forces in Indian-controlled Kashmir of exploiting an Armed Forces Special Powers Act that enables them to "hold prisoners without trial". The group argues that the law, which allows security forces to detain individuals for up to two years without presenting charges violates prisoners' human rights. The security forces say the unidentified dead are militants who may have originally come from outside India.

      They also say that many of the missing people have crossed into Pakistan-administered Kashmir to engage in militancy. India claims these insurgents are Islamic terrorist groups from Pakistan-administered Kashmir and Afghanistan, fighting to make Jammu and Kashmir a part of Pakistan. India states that the terrorists have killed many citizens in Kashmir and committed human rights violations whilst denying that their own armed forces are responsible for human rights abuses. On a visit to Pakistan in , former Chief Minister of Kashmir Omar Abdullah remarked that foreign militants were engaged in reckless killings and mayhem in the name of religion.

      The Pakistani government calls these insurgents "Kashmiri freedom fighters", and claims that it provides them only moral and diplomatic support, although India [] believes they are Pakistan-supported terrorists from Pakistan Administered Kashmir. In , pro-separatist leader Mirwaiz Umar Farooq told the Washington Post that there has been a "purely indigenous, purely Kashmiri" [15] peaceful protest movement alongside the insurgency in Indian-administered Kashmir since The movement was created for the same reason as the insurgency and began after the disputed election of According to the United Nations, the Kashmiris have grievances with the Indian government, specifically the Indian military, which has committed human rights violations.

      The ICJ mission concluded that the right of self-determination to which the peoples of Jammu and Kashmir became entitled as part of the process of partition had neither been exercised nor abandoned, and thus remained exercisable. It, however, did not follow that Pakistan had a right to provide support for the militants. In mid, alleged insurgents and Pakistani soldiers from Pakistani Kashmir infiltrated Jammu and Kashmir.

      During the winter season, Indian forces regularly move down to lower altitudes, as severe climatic conditions makes it almost impossible for them to guard the high peaks near the Line of Control. This practice is followed by both India and Pakistan Army. The terrain makes it difficult for both sides to maintain a strict border control over Line of Control.

      The insurgents took advantage of this and occupied vacant mountain peaks in the Kargil range overlooking the highway in Indian Kashmir that connects Srinagar and Leh. By blocking the highway, they could cut off the only link between the Kashmir Valley and Ladakh. This resulted in a large-scale conflict between the Indian and Pakistani armies.

      The final stage involved major battles by Indian and Pakistani forces resulting in India recapturing most of the territories [] [] held by Pakistani forces. The Pakistan Army withdrew their remaining troops from the area, ending the conflict. India regained control of the Kargil peaks, which they now patrol and monitor all year long. In a 'Letter to American People' written by Osama bin Laden in , he stated that one of the reasons he was fighting America was because of its support for India on the Kashmir issue.

      Their strategy was to force Pakistan to move its troops to the border with India, thereby relieving pressure on Al-Qaeda elements hiding in northwestern Pakistan. US intelligence analysts say Al-Qaeda and Taliban operatives in Pakistan-administered Kashmir are helping terrorists trained in Afghanistan to infiltrate Indian-administered Kashmir. He said that there no evidence to verify media reports of an Al-Qaeda presence in the state. However, he stated that they had information about Al Qaeda's strong ties with Lashkar-e-Taiba and Jaish-e-Mohammed operations in Pakistan.

      Both countries subsequently made claims to Kashmir, based on the history and religious affiliations of the Kashmiri people. The princely state of Jammu and Kashmir , which lies strategically in the north-west of the subcontinent bordering Afghanistan and China, was formerly ruled by Maharaja Hari Singh under the paramountcy of British India. In geographical and legal terms, the Maharaja could have joined either of the two new countries.

      Although urged by the Viceroy, Lord Mountbatten of Burma , to determine the future of his state before the transfer of power took place, Singh demurred. In October , incursions by Pakistan took place leading to a war , as a result of which the state of Jammu and Kashmir remains divided between India and Pakistan. Two-thirds of the former princely state of Jammu and Kashmir, comprising Jammu , the Kashmir Valley , and the sparsely populated Buddhist area of Ladakh are controlled by India while one-third is administered by Pakistan.

      The latter includes a narrow strip of land called Azad Kashmir and the Northern Areas, comprising the Gilgit Agency , Baltistan , and the former kingdoms of Hunza and Nagar. Attempts to resolve the dispute through political discussions have been unsuccessful. In September , war again broke out between Pakistan and India.

      The United Nations called for another cease-fire, and peace was restored following the Tashkent Declaration in , by which both nations returned to their original positions along the demarcated line. After the war and the creation of independent Bangladesh under the terms of the Simla Agreement between Prime Minister Indira Gandhi of India and Zulfiqar Ali Bhutto of Pakistan, it was agreed that neither country would seek to alter the cease-fire line in Kashmir, which was renamed as the Line of Control, "unilaterally, irrespective of mutual differences and legal interpretations".

      Numerous violations of the Line of Control have occurred, including incursions by insurgents and Pakistani armed forces at Kargil leading to the Kargil war. India has officially stated that it believes that Kashmir to be an integral part of India, though the then Prime Minister of India, Manmohan Singh , stated after the Kashmir Unrest that his government was willing to grant autonomy to the region within the purview of Indian constitution if there was consensus among political parties on this issue.

      According to a poll in an Indian newspaper Indians were keener to keep control of Kashmir than Pakistanis. Michigan State University scholar Baljit Singh, interviewing Indian foreign policy experts in , found that 77 percent of them favoured discussions with Pakistan on all outstanding problems including the Kashmir dispute. However, only 17 percent were supportive of holding a plebiscite in Kashmir. The remaining 60 percent were pessimistic of a solution due to a distrust of Pakistan or a perception of threats to India's internal institutions. They contended that India's secularism was far from stable and the possibility of Kashmir separating from India or joining Pakistan would endanger Hindu—Muslim relations in India.

      In , the death toll from the last 20 years was estimated by Indian authorities to be over 47, In India's Union Home Minister, Rajnath Singh , demanded that Pakistan desist from demanding a plebiscite in Jammu and Kashmir, saying: 'If at all a referendum is required, it is needed in Pakistan, where people should be asked whether they want to continue in Pakistan or are demanding the country's merger with India'.

      Pakistan maintains that Kashmir is the "jugular vein of Pakistan" [] and a currently disputed territory whose final status must be determined by the people of Kashmir. Pakistan insists that the Maharaja was not a popular leader, and was regarded as a tyrant by most Kashmiris. Pakistan maintains that the Maharaja used brute force to suppress the population.

      Pakistan claims that Indian forces were in Kashmir before the Instrument of Accession was signed with India, and that therefore Indian troops were in Kashmir in violation of the Standstill Agreement , which was designed to maintain the status quo in Kashmir although India was not signatory to the Agreement, which was signed between Pakistan and the Hindu ruler of Jammu and Kashmir. From to , some organisations reported that the Indian Armed Forces , its paramilitary groups, and counter-insurgent militias were responsible for the deaths of 4, Kashmiri civilians.

      During the same period, there were records of 4, women between the ages of 7—70 being raped. Human rights organisations have strongly condemned Indian troops for widespread rape and murder of innocent civilians while accusing these civilians of being militants. We just need to incite them," Musharraf told a TV channel. In Pakistan's outgoing National Security Advisor Sartaj Aziz said that Pakistan wished to have third party mediation on Kashmir, but it was unlikely to happen unless by international pressure. So then what is the solution? China states that Aksai Chin is an integral part of China and does not recognise the inclusion of Aksai Chin as part of the Kashmir region.

      Scholar Andrew Whitehead states that Kashmiris view Kashmir as having been ruled by their own in Since then, they believe, it has been ruled in succession by the Mughals , Afghans , Sikhs , Dogras and, lately, the Indian government. Whitehead states that this is only partly true: the Mughals lavished much affection and resources on Kashmir, the Dogras made Srinagar their capital next only to their native Jammu city, and through much of the post-independence India, Kashmiri Muslims headed the state government.

      Yet Kashmiris bear an 'acute sense of grievance' that they were not in control of their own fate for centuries. In , Eugene Black, then president of the World Bank, offered his services to solve the tension over water control. In the early days of independence, the fact that India was able to shut off the Central Bari Doab Canals at the time of the sowing season, causing significant damage to Pakistan's crops. Nevertheless, military and political clashes over Kashmir in the early years of independence appear to have been more about ideology and sovereignty rather than over the sharing of water resources.

      However, the minister of Pakistan has stated the opposite. The Indus Waters Treaty was signed by both countries in September , giving exclusive rights over the three western rivers of the Indus river system Jhelum, Chenab and Indus to Pakistan, and over the three eastern rivers Sutlej, Ravi and Beas to India, as long as this does not reduce or delay the supply to Pakistan.

      She was exposed to the conflict since her childhood, as everyone from her mohalla used to always talk about Kashmir and the predicament of her community. When she was in her 8th standard, she visited the valley for the first time with her family. She reminiscent an incident when she along with her family was walking down the narrow clustered lane of Rainawari, where they used to live before the exodus.

      She could feel the pain of her grandmother, as she witnesses the tears dripping down her eyes. The narrative was totally different from what we witness on mainstream media. Later, I realized the atrocities faced by Pandits back in are similar to that of what Kashmiri Muslims are enduring in current times.

      Akhilesh Nagari and Hanan Zaffar are the directors of multimedia project Maeshmith Ghairrh forgotten homes , looking at how kashmiri Pandits and Muslims interact with each other outside Kashmir. Rahul Gandhi has finally resigned. His resignation letter is a brutally frank one. In this letter he has confessed of being betrayed by his party mates and fighting a lonely battle. He has also pointed out the institutional takeover of the fascist Sangh Parivar.

      He also committed to work towards an inclusive India as a loyal party member.

      Reposition of Faith and 1975 Accord

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