The conflict of Jammu and
Kashmir (J&K) is one of the long standing issues of the world. The unfortunate
but this unique multi-ethnic, multilingual and multi-religious political entity
(Jammu Kashmir & Aksai Tibet Allied) emerged from the debris of falling Khalsa
Punjab Empire after its defeat in Anglo-Punjab war in 1846. Punjab Empire in
lieu of war indemnity (10 Million Rupees) ceded Douaba, Kashmir Valley, Hazara
and adjacent hilly areas to the British East India Company (EIC) in Lahore
Treaty of 9 March 1846. Soon after this treaty, the power struggle changed the
scenario when Gulab Singh accepted the offer made by EIC and agreed to pay the
war indemnity (7.5 million) to add most of those ceded areas into Jammu`s
jurisdiction under his rule which paved the way for creation of modern J&K
state. The architects those laid the historical foundation – the Amritsar Treaty
(16 March 1846) were the British East India Company (EIC) and Raja of Jammu
Gulab Singh Dogra. This union of separate entities came under the emerging Dogra
Dynasty that followed the new avenues for expansion of their rule from Jammu and
Kashmir to (Baltistan, Astore, Chilas, Gilgit, Nagar, Hunza and Chitral etc) the
Pamirs “where three empires meet”. The autocratic like other Indian states,
Dogra dynasty consolidated and ruled their empire over a century with both
positive and negative features in absolutism.
In 1947, the colonial power British Crown decided to decolonise British India
and end its suzerainty over the Indian Princely States. The British India was to
be partitioned based on Two Nations theory to create Muslim and Hindu majority
dominions of Pakistan and India and for the Indian princely states (562 approx.)
the Suzerainty was to lapse granting them full sovereignty. The partition
brought religious violence in British India which also spilt over in Princely
states which were already influenced by the political trends and hostilities in
British India later shaped the communal riots. Those political developments
meant to affect their future political status. As stated above the partition
plan laid separate plan for the Princely states in the Independence Act 1947
(Article7) reiterating the powers granted in Act 1935, gave sovereign authority
to Princes (rulers) to decide their national future either accede to either
dominion or (technically) declaration of independence. As the head of Princely
state Jammu & Kashmir, by 15 August 1947 the Ruler was to make declaration of
accession or the independence. However, the political sentiment against the
autocratic Hindu Dogra Rule in predominantly Muslim Jammu and Kashmir nourished
since 1931 was at all time high and was/is haunting state’s politics. The Indian
Congress and Muslim League both had their spheres of influence in J&K.
In 1947 three political players Sheikh Muhammad Abdullah, Maharaja Hari Singh
and Choudhry Ghulam Abbas held the sensitive political arena of J&K with their
conflicting narratives. Sheikh Abdullah, the head of National Conference (former
Muslim Conference) and most popular Muslim leader of Kashmir (Valley) in
alliance with the Congress, once led the Quit Kashmir Movement (1946) against
the Dogra rule in Kashmir, demanded abrogation of the Amritsar Treaty and
separation of Kashmir from Jammu while at the time of partition (1947), he
became demagogue of Congress agenda for state`s accession to India (changed his
position again in 1953). Similarly Muslim Conference led by Ch. Ghulam Abbas
followed the policy of Muslim League about states but ideologically believed in
Muslims majority state`s accession to Pakistan (later received major position in
AJK affairs). Pro India Hindu right wing had its own strong grip in Jammu
region. Contrarily, the state government (Maharaja Hari Singh) inclined to the
third option, the independence, becoming a buffer state between two other rival
dominions. Thus the people of state were divided into three opinions to
determine the future of the state.
At this crucial historic juncture, Maharaja intimidated by domestic and
non-state forces remained indecisive to declare independence and instead offered
the “Standstill Agreements” to both India and Pakistan. Unlike India, Pakistan
signed the agreement but allegedly breached on 22 October 1947 when armed tribal
bands (with local collaboration) attacked the state and reached Baramula town
not far from the Capital Srinagar. Having no match to hold the invasion, the
panicked Maharaja Hari Singh to fulfil legal requirement offered conditional
accession to India on 26 October 1947 to get military assistance to repel and
expel tribal bands from the state. The accession with India was limited to three
main affairs (Defence, Foreign and Communication) and was subject to the will of
people. A similar military coup by Gilgit Scouts ceased the state machinery in
Gilgit Agency and adjacent areas on 1st November 1947.
The first war between two newly born dominions broke out at this beginning point
towards their independence and drawn a clear line for future relations. On 1st
January 1948 India went to the United Nations as the result of which the UN
proposed ceasefire, withdrawal of forces and arrangements for plebiscite to
decide the future status of state by free will of people (state subjects). Thus
the state of J&K transformed into an internationally recognised conflict zone.
Facilitated by UN- the Karachi Agreement (27th July 1949) established the truce
and Ceasefire Line (Line of Control since 1972) simultaneously – the first step
dissecting the families and dividing the state into Indian Administered Kashmir
(IaK ) and Pakistani Administered Kashmir (PaK including AJK and present Gilgit
Baltistan) till final settlement by plebiscite. India had granted a special
status to IaK under Article 370 and constitutionally guaranteed J&K`s internal
autonomy with its own constitution, flag, legislature and government (Delhi
later encroached fully taking advantage of ambitious local politicians and
presently it`s just a policy of coercion). Similarly Azad Jammu and Kashmir (AJK)
Government with almost complete features of a state in appearance, claimed
itself as successor of Maharaja and true democratic representative of whole J&K.
Northern Areas (Gilgit & Baltistan Agencies) came under direct rule of
Pakistan`s federal government (16 November 1947) represented by the Political
Agent and ruled under Frontier Crimes Regulations (FCR). This setup in GB had
been given a moral cover by an agreement (Karachi) signed between governments of
AJK and Pakistan on 28 April 1949.
In short the Jammu and Kashmir state has actually been divided into two
geographical entities controlled by India and Pakistan with three separate
administrative units. The United Nations through its resolutions and UNCIP had
opened the channels for bilateral and trilateral dialogues to facilitate the
process of plebiscite but both parties in conflict (Indo-Pak) with trust deficit
never reached a common ground to resolve the core issue later resulted in 1965,
1971 and Kargil (1999) wars. The bilateral agreements (Tashkent, Shimla) or
declarations though transformed it into a bilateral and territorial issue but
were unable to normalise the relations between the two nuclear neighbours
maintaining it as the largest militarised zone. The delay in conflict resolution
has given birth to other serious conflicts within the disputed regions of
erstwhile state of J&K. Kashmir (Valley) has always dominated the politics of
state and its political temperature remained warm even in freezing cold weather.
The demand for fulfilment of promised plebiscite (by UN, Pakistan and India)
always remained centre of every political activism in valley. However the rigged
elections of 1987 triggered the armed struggle by those having been participants
of that very electoral process. The authorities in state and centre used
draconian laws and methods without accountability suspending civil and political
rights, use of pallet guns, arrests, tortures, abductions and extrajudicial
killings etc. This environment seriously shattered the social, political,
economic structures of valley and even innocent people have been forced into
miseries being orphans, widows to half widows and pains of lost loved ones.
Hundreds of thousands became victims of such uncontrolled barbaric tools that
added fuel to the fire and galvanized youth to a point of no return. Similarly
the alleged external interference, leaderless mobilization, regional and
religious monopoly on that political movement and exodus of Non-Muslims
specially the indigenous Pundits from valley instigated the alienation of non-muslims
that resulted the rise of regional and communal politics converting a secular
society from pluralism to communalism. Presently (Elections 2014) Hindu right
wing Bhajpa (BJP) swept the Jammu division with 25 seats (2nd largest to PDPs
28) in state assembly that falsely campaigns the separation of Jammu from
Kashmir and full integration into Indian Union. Jammu constitutes the 25.93%
(26293 sq.km) area and 5350811 in population. Peoples Democratic Party (PDP)
secured 28 seats mainly in valley or other Muslim populated regions with a
slogan of self-rule but within Indian constitution. Kashmir Division is
comprised of 69,07,622 in population with 15.73% (15948 sq.km) of total area of
J&K. Ladakh on the other hand with proportionally Buddhist majority also demands
its separation from Valley`s administrative hegemony and maximum local control
as union territory of India. Ladakh is the largest division constituting 58.33%
(59146 sq.km) area and only 2, 90,492 in population. In reality, the state as a
whole is disputed in UN and there is no such choice for any region or unit to
decide its fate individually.
Pakistan Administered Kashmir (PaK) is divided into two administrative units AJK
and GB. Both regions have two democratic legislative assemblies and legislative
councils respectively but the ultimate power is retained by the Federal Ministry
of Kashmir & GB Affairs. There isn`t any direct road link between these two
disputed regions of same disputed state (J&K). GB with 28000 sq miles and around
over 1.5 Million populations is strategically the most important region of
disputed state and the only land-link between China and Pakistan (Silk Route KKH,
CPEC). Since 1947, this region for a long time had been ruled under FCR later
repealed by reforms (1972) and the region has moved to the gradual political
development. Since 2009 Self Governance Order, the GB has been given the
de-facto provincial status. The social and political structures of GB are
fragmented by sectarian and regional conflicts. Most populace believe their
present and future status with Pakistan. However a considerable number follows
the principle stance, GB as legal disputed part of J&K state while a portion of
society also demands GB as an independent state.
Azad Jammu & Kashmir (AJK- PaK) is the smallest geographical administrative unit
of disputed J&K state covering around 5134 Sq miles area but densely populated
with 4.6 Millions. The social structure is almost shattered because of tribalism
(Bradrism) in fact strengthened and catalysed by politics. The political
activism is an everyday business with unlimited conflicting ideas internally and
externally. Pro Pakistan and mostly Pakistan based political parties actually
run the setup through ballot but there are number of pressure groups following
the secular, nationalist and progressive ideologies, struggle for right to
self-determination and also dream about a restored, reunified and independent
state of J&K. Most of them groups are least interested in the handicapped
political and administrative system of AJK under Constitutional Act 1974
(relatively deprived of many basic, political and economic rights as compare to
other provinces of Pakistan). However same as other main stream mass political
parties (in Govt or opposition), these pressure groups mostly unable to put
forward any workable roadmap also praise and promote the struggle in Srinagar (IaK).
AJK actually had been declared as the base-camp (1947-48) for freedom struggle
to liberate areas under Indian control. Thus, Kashmir Freedom Movement (Tehrik e
Azadi e Kashmir) is the most common slogan and agenda of all political parties
and groups; hence they all are dependent on the everyday incidents taking place
in Srinagar or elsewhere in IaK. More than one million people of AJK living
permanently in Europe (mostly UK) and America also follow the similar
traditional patterns in their political activities without any plan and
productivity.
The people from all disputed regions of erstwhile state of Jammu and Kashmir are
the victims of long standing dispute that resulted in their sufferings, loss of
loved ones, daily state`s backed atrocities, divided families across LoC (CFL)
and the socio-economic and political deprivations. The regions Jammu and Ladakh,
subject to divide and rule are equally disputed and parallel stakeholders in the
conflict. Kashmir valley has been bathed in blood on its own by brutal state
forces and has sacrificed hundreds of thousands people in political struggle.
Unfortunately their cries have not been heard to bring any change to their
miserable conditions. As it appears, finding no remedy is, the outcome of the
internal divides whether these are regional or religious.
The change may only come when in that side of divide valley seek a helping hand
from Jammu and Ladakh to materialise a peaceful struggle for a genuine cause,
opportunity to exercise unfettered right of self-determination and on this side
of divide, GB with similar political legacy comes out of the wishful confusion
that it could have any other legal status in the presence of Kashmir conflict
and its better to make a bond with AJK. Kashmir valley played a major role in
rights struggle since the inception of J&K dispute. Irony they are faced with is
that the common people have suffered the losses and their resistant leadership
is allegedly considered a corporate that maintained the social and political
stature.
Having claimed base-camp status that lured people in IaK to rise again and
again, the people in PaK, if give up politics of Tribalism (Bradrisam) and minor
differences, can offer the real helping hand to their brethren in IaK realising
their political and moral support. The weak AJK itself ought to uplift in every
aspect of daily affairs. Having found the home disorganised and disintegrated,
the Diaspora from either side of J&K is unable to find diplomatic support from
other countries. This becomes even difficult when the assistance is sought
following the policies of high commissions of Indo-Pak as the international
community is not ready to lend hand to change the status quo.
The time demands that all disputed stakeholders i.e. units realise that because
of their shared historical, legal and political status they all are collectively
tied in an international conflict and no way out individually. So it’s better
for them to be treated equally by each other to bring consensus on a common
agenda.
Despite the armed or peaceful struggle, India and Pakistan have assumed
responsibility until the final settlement of the dispute are under obligation to
take serious steps to resolve the Jammu Kashmir Conflict, the mother of other
issues faced not only by the people of disputed state but of whole South Asia.
The local governments on both sides of LoC which are portrayed to be special
status, autonomous or self-governing are taken by the state subjects across the
LoC as puppet regimes as they proven to be just a partnership in kleptocracy. In
fact the deprivation is so deep that the state subjects across LoC (CFL) are
made to applause at the inauguration of basic health facilities, water pumps,
schools, link and metal roads etc because even the infrastructure remained
incomplete in seventy years.
The Civil and political liberties are curtailed by Special Power Acts or similar
laws. The status quo resulted in poor economic conditions and unemployment
across LoC (CFL) that has forced a large number of population leave their homes
for an uncertain future and unknown destiny. This migration has also caused
brain drain. The divided families constantly shed their tears on the hilltops
and banks of rivers regardless an occasion of wedding or death. Indo-Pak
rivalry, arms race in the name of deterrence, speculations of cross border
interference by the two, uncertain political and economic conditions and shadows
of an unpredicted and unprovoked war brought nothing but around 15-23%
(estimated) of population living under poverty line in Pakistan and India. Both
neighbours but rival nuclear powers can still secure their national interests
while moving to a viable and peaceful resolution of core conflict J&K acceptable
to these two parties and the third primary party the direct victims, the state
subjects across LoC (CFL).
The primary way forward is the dialogue between all three parties and at the
same time allowing the state subjects right of free movement and trade within
their state. If Indo-Pak can suggest irrelevance of borders or joint management
system, then the people of temporarily divided state should also be allowed to
share such discourses. Their armies exchange sweats, flowers and gifts but why
the people of state across LoC should receive the burning bullets and shells.
Indo/Pak are in discussions for trade and visa free entry on their international
borders fit in principle when they enable the borderless people of state may
cross the CFL (LoC) on their choice and meet their fellow citizens and loved
ones. The people of Jammu and Kashmir across LoC deserve and seek peace and
prosperity for all, wishing Indo/Pak secure their bilateral interests but not at
their cost rather believing in live and let live, it’s time to start
demilitarisation and resolve the bleeding conflict.