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<br><font color="#FFFFFF">A Joint Programme Of</font>
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Govt. of India</font>
<br><font color="#FFFFFF">&amp; Deutsche Gesellschaft f&uuml;r Technische
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<center><b><font size=+1>Founder Pakistan Hackerz Club</font></b>
<br><b><font color="#FF6600"><a href="mailto:doctornuker@puckoff.com">doctornuker@puckoff.com</a></font></b></center>
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<br><b>Location</b>
<p>The State of Jammu and Kashmir is bordered in north by
<br>China, east by autonomous region of Tibet, south by Indian
<br>states of Himachal Pradesh and Punjab, and west by
<br>Pakistan. 63 per cent of the territory is under Indian
<br>occupation; while the rest, 37 per cent, is with Pakistan,
<br>called Azad (independent) Jammu and Kashmir (AJK).
<p><b>Area</b>
<p>151,360 square kilometers
<br>Indian-occupied Kashmir: 95,356 sq.kms
<br>Azad Jammu and Kashmir : 56,003 sq.kms
<p><b>Population</b>
<p>13 million (approximate)
<br>Indian-occupied Kashmir: 7.7 million (projected figures, as
<br>census has not been held since 1991) Azad Jammu
<br>Kashmir: 2.58 million (1990 figure) Refugees in Pakistan:
<br>1.5 million Expatriates: 1.5 million
<br>The Paradise Lost: Kashmir's Wular Lake, one of the largest in Asia
<p><b>World’s Oldest Dispute</b>
<p>The Kashmir dispute is the oldest unresolved international conflict
in the world today. Pakistan considers
<br>Kashmir as its core political dispute with India. So does the international
community, except India. While Indian
<br>security forces are practicing an unprecedented reign of terror in
Occupied Kashmir being widely reported
<br>world-wide; the Indian government, currently led by Hindu nationalist
Bharatiya Janata Party, is neither willing to
<br>negotiate the issue multilaterally—through international mediation—nor
is it ready to sort it out with Pakistan
<br>through bilateral negotiations. India and Pakistan have already fought
two wars over Kashmir. The exchange of
<br>fire between their forces across the Line of Control, which separates
Azad Kashmir from Occupied Kashmir, is
<br>a routine affair. Now that both India and Pakistan have acquired nuclear
weapons potential, the possibility of a
<br>third war between them over Kashmir, which may involve the use of nuclear
weapons, cannot be ruled out. The
<br>likely nuclear disaster in South Asia, whose cause may be Kashmir,
can be averted with an intervention by the
<br>international community. Such an intervention is urgently required
to put an end to Indian atrocities in Occupied
<br>Kashmir and prepare the ground for the implementation of UN resolutions,
which call for the holding of a
<br>plebiscite to determine the wishes of the Kashmiri people.
<p><b>Cause Of The Kashmir Dispute</b>
<p>India’s forcible occupation of the State of Jammu and Kashmir in 1947
is the main cause of the dispute. India
<br>claims to have ‘signed’ a controversial document, the Instrument of
Accession, on 26 October 1947 with the
<br>Maharaja of Kashmir, in which the Maharaja obtained India’s military
help against popular insurgency. The
<br>people of Kashmir and Pakistan do not accept the Indian claim. There
are doubts about the very existence of
<br>the Instrument of Accesion. The United Nations also does not consider
Indian claim as legally valid: it
<br>recognises Kashmir as a disputed territory. Except India, the entire
world community recognises Kashmir as a
<br>disputed territory. The fact is that all the principles on the basis
of which the Indian subcontinent was
<br>partitioned by the British in 1947 justify Kashmir becoming a part
of Pakistan:&nbsp; the State had majority Muslim
<br>population, and it not only enjoyed geographical proximity with Pakistan
but also had essential economic
<br>linkages with the territories constituting Pakistan.
<p><b>History Of The Dispute</b>
<p>The State of Jammu and Kashmir has historically remained independent,
except in the anarchical conditions of
<br>the late 18th and first half of the 19th century, or when incorporated
in the vast empires set up by the Mauryas
<br>(3rd century BC), the Mughals (16th to 18th century) and the British
(mid-19th to mid-20th century). All these
<br>empires included not only present-day India and Pakistan but some other
countries of the region as well. Until
<br>1846, Kashmir was part of the Sikh empire. In that year, the British
defeated the Sikhs and&nbsp; sold Kashmir to
<br>Gulab Singh of Jammu for Rs. 7.5 million under the Treaty of&nbsp;
Amritsar. Gulab Singh, the Mahraja, signed a
<br>separate treaty with the British which gave him the status of an independent
princely ruler of Kashmir. Gulab
<br>Singh died in 1857 and was replaced by Rambir Singh&nbsp; (1857-1885).
Two other Marajas, Partab Singh
<br>(1885-1925) and Hari Singh (1925-1949) ruled in&nbsp; succession.
<p>Gulab Singh and his successors ruled Kashmir in a tyrannical and repressive
way. The people of Kashmir,
<br>nearly 80 per cent of&nbsp; whom were Muslims, rose against Maharaja
Hari Singh’s rule. He ruthlessly crushed a
<br>mass uprising in 1931. In 1932, Sheikh Abdullah formed Kashmir’s first
political party—the All&nbsp; Jammu &amp;
<br>Kashmir Muslim Conference (renamed as National Conference in 1939).
In 1934, the Maharaja gave way and
<br>allowed limited democracy in the form of a Legislative Assembly. However,
unease with the Maharaja’s rule
<br>continued.&nbsp; According to the instruments of partition of India,
the rulers of princely states were given the choice
<br>to freely accede to either India or Pakistan, or to remain independent.
They were, however,&nbsp; advised to accede
<br>to the contiguous dominion, taking into consideration the geographical
and ethnic&nbsp; issues.
<p>In Kashmir, however, the Maharaja hesitated. The principally Muslim
population, having seen the early and
<br>covert arrival of Indian troops, rebelled and things got out of the
Maharaja’s hands. The people of Kashmir were
<br>demanding to join Pakistan. The Maharaja, fearing tribal warfare, eventually&nbsp;
gave way to the Indian pressure
<br>and agreed to join India by, as India claims,&nbsp; ‘signing’ the controversial
Instrument of Accession on 26 October
<br>1947. Kashmir was provisionally accepted into the Indian Union pending
a free and impartial plebiscite. This
<br>was spelled out in a letter from the Governor General of India, Lord
Mountbatten, to the Maharaja on 27 October
<br>1947. In the letter, accepting the accession, Mountbatten made it clear
that&nbsp; the State would only be
<br>incorporated into the Indian Union after a reference had been made
to the people&nbsp; of Kashmir. Having accepted
<br>the principle of a plebiscite, India has since obstructed all attempts
at holding a plebiscite.
<p>In 1947,&nbsp;&nbsp; India and Pakistan went to war over Kashmir. During
the war, it was India which first took the
<br>Kashmir dispute to the United Nations on 1 January 1948&nbsp; The following
year, on 1 January 1949, the UN
<br>helped enforce ceasefire between the two countries. The ceasefire line
is called the Line of Control. It was an
<br>outcome of&nbsp; a&nbsp; mutual consent by India and Pakistan that
the UN Security Council (UNSC) and UN
<br>Commission for India and Pakistan (UNCIP) passed several resolutions
in years following the 1947-48 war. The
<br>UNSC Resolution of 21 April 1948--one of the principal UN resolutions
on Kashmir—stated that “both India and
<br>Pakistan desire that the question of the accession of Jammu and Kashmir
to India or Pakistan should be
<br>decided through the democratic method of a free and impartial plebiscite”.
Subsequent UNSC Resolutions&nbsp;
<br>reiterated the same stand. UNCIP Resolutions of 3 August 1948 and 5
January 1949&nbsp; reinforced UNSC
<br>resolutions.
<p><b>Nehru’s Betrayal</b>
<p>India’s first Prime Minister Jawaharlal Nehru made a pledge to resolve
the Kashmir dispute in accordance with
<br>these resolutions. The sole criteria to settle the issue, he said,
would be the “wishes of the Kashmir people”. A
<br>pledge that Prime Minister Nehru started violating soon after the UN
resolutions were passed.&nbsp; The Article 370,
<br>which gave ‘special status’ to ‘Jammu and Kashmir’, was inserted in
the Indian constitution. The ‘Jammu and
<br>Kashmir Constituent Assembly’ was created on 5 November 1951. Prime
minister Nehru also signed the Delhi
<br>Agreement with the then ‘ruler’ of the disputed State, Sheikh Adbullah,
which incorporated Article 370. In 1957,
<br>the disputed State was incorporated into the Indian Union under a new
Constitution. This was done in direct
<br>contravention of resolutions of the UNSC and UNCIP and the conditions
of the controversial Instrument of
<br>Accession. The said constitutional provision was rushed through by
the then puppet ‘State’ government of
<br>Bakshi Ghulam Mohammed. The people of Kashmir were not consulted.
<p>In 1965, India and Pakistan once again went to war over Kashmir. A cease-fire
was established in September
<br>1965. Indian Prime Minister Lal Bhadur Shastri and Pakistani president
Ayub Khan signed the Tashkent
<br>Declaration on 1 January 1966. They resolved to try to end the dispute
by peaceful means. Although Kashmir
<br>was not the cause of 1971 war between the two countries, a limited
war did occur on the Kashmir front in
<br>December 1971. The 1971 war was followed by the signing of the Simla
Accord, under which India and
<br>Pakistan are obliged to resolve the dispute through bilateral talks.
Until the early 1997, India never bothered to
<br>discuss Kashmir with Pakistan even bilaterally. The direct foreign-secretaries-level
talks between the two
<br>countries did resume in the start of the 1990s; but, in 1994, they
collapsed. This happened because India was
<br>not ready even to accept Kashmir a dispute as such, contrary to what
the Tashkent Declaration and the Simla
<br>Accord had recommended and what the UNSC and UNCIP in their resolutions
had stated.
<p>The government of Prime Minister Nawaz Sharif, after coming to power
in February 1997, took the initiative of
<br>resuming the foreign secretaries-level talks with India. The process
resumed in March 1997 in New Delhi. At the
<br>second round of these talks in June 1997 in Islamabad, India and Pakistan
agreed to constitute a Joint Working
<br>Group on Kashmir. But soon after the talks, India backtracked from
the agreement, the same way as Prime
<br>Minister Nehru had done back in the 1950s by violating his own pledge
regarding the implementation of UN
<br>resolutions seeking Kashmir settlement according to, as Mr Nehru himself
described,&nbsp; “the wishes of the
<br>Kashmiri people.” The third round of India-Pakistan foreign secretaries-level
talks was held in New Delhi in
<br>September 1997, but no progress was achieved as India continued dithering
on the question of forming a Joint
<br>Working Group on Kashmir. The Hindu nationalist government of prime
minister Atal Behari Vajpaee is neither
<br>ready to accept any international mediation on Kashmir, nor is it prepared
to seriously negotiate the issue
<br>bilaterally with Pakistan.
<p><b>Popular Uprising Since 1989</b>
<p>Since 1989, the situation in Occupied Kashmir has undergone a qualitative
change. In that year, disappointed
<br>by decades-old indifference of the world community towards their just
cause and threatened by growing Indian
<br>state suppression, the Kashmiri Muslim people rose in revolt against
India. A popular uprising that has gained
<br>momentum with every passing day—unlike the previous two popular uprisings
by Kashmiris (1947-48, first
<br>against Dogra rule and then against Indian occupation; and 1963, against
Indian rule, triggered by the
<br>disappearance of Holy relic), which were of a limited scale.
<p>The initial Indian response to the 1989 Kashmiri uprising was the imposition
of Governor’s Rule in the disputed
<br>State in 1990, which was done after dissolving the government of Farooq
Abdullah, the son of Sheikh Abdullah.
<br>From July 1990 to October 1996, the occupied State remained under direct
Indian presidential rule. In
<br>September 1996, India stage-managed ‘State Assembly’ elections in Occupied
Kashmir, and Farooq Abdullah
<br>assumed power in October 1996. Since then, the situation in the occupied
territories has further deteriorated.
<br>Not only has the Indian military presence in the disputed land increased
fundamentally, the reported incidents
<br>of killing, rape, loot and plunder of its people by Indian security
forces have also quadrupled.
<p>To crush the Kashmiri freedom movement, India has employed various means
of state terrorism, including a
<br>number of draconian laws, massive counter-insurgency operations, and
other oppressive measures. The
<br>draconian laws, besides several others, include the Armed Forces (Jammu
and Kashmir) Special Powers Act,
<br>1990;&nbsp; Terrorist and Disruptive Activities Act (TADA), 1990; the
Jammu &amp; Kashmir Public Safety Act, 1978
<br>(amended in 1990); and the Jammu &amp; Kashmir Disturbed Areas Act,
1990.
<p><b>Most Densely-Soldiered Territory</b>
<p>The Indian troops-to-Kashmiri people ratio in the occupied Kashmir is
the largest ever soldiers-to-civilians ratio
<br>in the world. There are approximately 600,000 Indian military forces—including
regular army, para-military
<br>troops, border security force and police—currently deployed in the
occupied Kashmir. This is in addition to
<br>thousands of “counter-militants”—the civilians hired by the Indian
forces to crush the uprising.
<p>Since the start of popular uprising, thousands of innocent Kashmir people
have been killed by the Indian
<br>occupation forces. There are various estimates of these killings.&nbsp;
According to government of India estimates,
<br>the number of persons killed in Occupied Kashmir between 1989 and 1996
was 15,002. Other Indian leaders
<br>have stated a much higher figure. For instance, former Home Minister
Mohammad Maqbool Dar said nearly
<br>40,000 people were killed in the Valley “over the past seven years.”
Farooq Abdullah’s 1996 statement
<br>estimated 50,000 killings “since the beginning of the uprising.” The
All-Parties Hurriyat Conference
<br>(APHC)--which is a representative body of over a dozen Kashmiri freedom
fighters’ organisations—also cites
<br>the same number. Estimates of world news agencies and international
human rights organisations are over
<br>20,000 killed.
<p>Indian human rights violations in Occupied Kashmir include indiscriminate
killings and mass murders, torturing
<br>and extra-judicial executions, and destruction of business and residential
properties, molesting and raping
<br>women. These have been extensively documented by Amnesty International,
US Human Rights Watch-Asia,
<br>and Physicians for Human Rights, International Commission of Jurists
(Geneva), Contact Group on Kashmir of
<br>the Organization of Islamic Countries—and, in India, by Peoples Union
for Civil Liberties, the Coordination
<br>Committee on Kashmir, and the Jammu and Kashmir Peoples’ Basic Rights
Protection Committee. Despite
<br>repeated requests over the years by world human rights organisations
such as the Amnesty International, the
<br>Indian government has not permitted them any access to occupied territories.
In 1997, it even refused the
<br>United Nations representatives permission to visit there.
<p><b>Settling The Kashmir Issue</b>
<p>For decades, India has defied with impunity all the UN resolutions on
Kashmir, which call for the holding of a
<br>“free and fair” plebiscite under UN supervision to determine the wishes
of the Kashmiri people. Not just this. A
<br>massive Indian military campaign has been on, especially since the
start of the popular Kashmiri uprising in
<br>1989, to usurp the basic rights of the Kashmiri people. Killing, torture,
rape and other inhuman practices by
<br>nearly 600,000 Indian soldiers are a norm of the day in Occupied Kashmir.
<p>The Kashmir problem will be solved the moment international community
decides to intervene
<br>in the matter—to put an end to Indian state terrorism in Occupied Kashmir
and to implement
<br>UN resolutions. These resolutions recommend demilitarization of Kashmir
(through
<br>withdrawal of all outside forces), followed immediately by a plebiscite
under UN supervision to
<br>determine the future status of Kashmir. The intervention of the international
community is all
<br>the more necessary, given the consistent Indian opposition to both
bilateral and multilateral
<br>options to settle the Kashmir issue. Such an intervention is also urgently
required to stop the
<br>ever-growing Indian brutalities against the innocent Muslim people
of Kashmir, who have
<br>been long denied their just right to self-determination.
<p><b>Averting The Nuclear Disaster</b>
<p>If the world community failed to realize the gravity of the Kashmir
problem now, there is every likelihood of
<br>Kashmir once again becoming the cause of another war between India
and Pakistan. And, since both the
<br>countries have acquired overt nuclear weapons potential, and since
India led by Hindu nationalists has clearly
<br>shown its aggressive intentions towards Kashmir after declaring itself
a nuclear state, a third India-Pakistan war
<br>over Kashmir is a possibility, a war that&nbsp; may result in a South
Asian nuclear catastrophe. The world
<br>community, therefore, has all the reasons for settling Kashmir, the
core unresolved political dispute between
<br>Islamabad and New Delhi.
<p>Like many other international disputes, the Kashmir issue remained a
victim of world power politics during the
<br>Cold War period. When the dispute was first brought to the UN, the
Security Council, with a firm backing of the
<br>United Sates, stressed the settlement of the issue through plebiscite.
Initially, the Soviet Union did not dissent
<br>from it. Later, however, because of its ideological rivalry with the
United States, it blocked every Resolution of
<br>the UN Security Council calling for implementation of the settlement
plan.
<p>In the post-Cold War period—when cooperation not conflict is the fast
emerging norm of
<br>international politics, a factor which has helped resolve some other
regional disputes—the
<br>absence of any credible international mediation on Kashmir contradicts
the very spirit of the
<br>times. An India-Pakistan nuclear war over Kashmir? Or, settlement of
the Kashmir issue,
<br>which may eventually pave the way for setting up a credible global
nuclear arms control and
<br>non-proliferation regime? The choice is with the world community, especially
the principal
<br>players of the international system.
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