Kashmir in Conflict: India, Pakistan and the Unending War
Indo – Pak War 1947 and UN Intervention
Security Council Resolution 39 : The first Indo-Pakistan War lasted for more than a year when India invited mediation by the United Nations. The UN Security Council adopted its first resolution, 39, on 17th January, 1948, and United Nations Commission for India and Pakistan (UNCIP) was established to investigate and mediate the Kashmir dispute between the two countries. A commission of three members; one to be chosen by India, one to be chosen by Pakistan and the third to be chosen by the other two members of the commission. was to be set up.
After hearing arguments from both India and Pakistan, the Security Council increased the size to five members (with representatives of Argentina, Belgium, Colombia, Czechoslovakia and the US, instructed the UNCIP to go to the subcontinent and help the governments of India and Pakistan restore peace and order to the region and prepare for a plebiscite to decide the fate of Kashmir. The commission was to “investigate the facts” and to “carry out directions” given by the Security Council
There was huge delay in formation of the UNCIP. A lot of UN diplomats had words of criticism for the delay in forming. It was later discovered that a contributory factor for the delay was Pakistan’s failure to nominate its representative on the UN commission until 30 April 1948
Security Council Resolution 47 : On April 21, 1948, Security Council Resolution 47 was adopted. The Security Council called for cessation of hostilities, withdrawal of all Pakistani troops and tribesmen and bulk of Indian troops (except for a minimal number required for maintaining law and order), allowing return of refugees, release of political prisoners and holding of a UN supervised Plebiscite in the Princely State of Jammu and Kashmir under a Plebiscite Administrator to determine the aspirations of the people.
On 13th August 1948, after discussions with both the governments, the UNCIP unanimously adopted a three-part resolution, amending the UN Resolution 47.
- In the first step, Pakistan was asked to withdraw all its nationals that entered Kashmir for the sake of fighting.
- In the second step, India was asked to progressively reduce its forces to the minimum level required for law and order.
- In the third step, India was asked to appoint a plebiscite administrator nominated by the United Nations who would conduct a free and impartial plebiscite.
The resolution was adopted paragraph by paragraph; no vote on the resolution as a whole was taken to mean that the steps have to be taken up in the order.
Both India and Pakistan raised objections to the Resolution. However, they welcomed mediation by the UNCIP. Through its mediation, the Commission amplified and amended the Security Council Resolution, adopting two resolutions of its own, which were accepted by both India and Pakistan. The fist resolution included not recognising the Government of predominantly Muslim ‘Azad’ Jammu and Kashmir and reiterating that India would be responsible for the security of the territory. In January 1949, another resolution was laid down citing requirements for holding a Plebiscite, one of which was Pakistan withdrawing its troops from that area.
Subsequently, a cease-fire was achieved by the UNCIP at the beginning of 1949. However, a truce was not achieved due to disagreements over the process of demilitarisation. Pakistan, however ceased to follow this dictum and refused disarmament of ‘Azad’ Jammu and Kashmir, hence making Plebiscite impossible. The UNCIP did refer the matter over to Security Council, which in turn appointed several mediators, unfortunately with no further development.
India and Pakistan signed the Karachi Agreement on 27th April 1949. This was an agreement between military representatives of India and Pakistan regarding the establishment of a ceasefire line in Jammu and Kashmir supervised by truce, subcommittee of UNCIP called United Nations Military Observer Group in India and Pakistan (UNMOGIP). After considerable efforts, the UNCIP declared its failure in December 1949.
Security Council Resolution 91 :On 30th March 1951, the Security Council, by its resolution 91, decided that UNMOGIP should continue to supervise the ceasefire in Jammu and Kashmir. UNMOGIP’s functions were limited to observing and reporting, investigating complaints of ceasefire violations and submitting its finding to each party and to the Secretary General.
The Secretary General, in his report of September 3rd, 1965 stressed that the cease fire agreement of July 1949 had collapsed owing to the military hostilities between India and Pakistan which had erupted on a large scale along the ceasefire line in Jammu and Kashmir (1965 war).
Security Council Resolution 209 :On 4th Sept 1965, the Security Council, by resolution 209 (1965), called for a ceasefire and asked the two Governments to cooperate fully with UNMOGIP in its task of supervising the observance of the ceasefire. The Council adopted resolution 211 on 20th September 1965, by which it demanded that a ceasefire take effect on 22nd September 1965, as the hostilities had spread to the international border between India and West-Pakistan.
The Secretary General decided to set up an administrative adjunct of UNMOGIP, the United Nations India-Pakistan Observation Mission (UNIPOM), as a temporary measure for the sole purpose of supervising the ceasefire along the India-Pakistan border outside the State of Jammu and Kashmir, since the hostilities extended beyond the Jammu and Kashmir ceasefire line.
Changes to the UN Resolution proposed by Pakistan
The Pakistani Foreign Office in a letter to the Security Council, signed by Pakistan’s Foreign Minister Zafrullah Khan enquired if the words “Future Status” as stated in the
resolution 47 of 13th August 1948 could mean an Independent Jammu and Kashmir. The reply was that the Kashmiri people could have an Independent Jammu and Kashmir if that was the majority’s decision. After receiving this reply, the Pakistani Government decided to suggest an amendment to this resolution and in a letter to General A. G. L. McNaughton, President of the Security Council, dated 28th December 1948, Pakistan wrote to propose a change in this clause for the words, “The future status of State of Jammu and Kashmir” substituting it with, “The question of the accession of the state of Jammu and Kashmir to India and Pakistan”.
Pakistan proposed this change to which India did not object and as a result of this request the next resolution which was passed on 5 January 1949 :
- 1) “The question of the accession of the State of Jammu and Kashmir to India and Pakistan will be decided through the democratic method of a free and impartial plebiscite”.
- 2) “A plebiscite will be held when it shall be found by the Commission that the
cease-fire and truce arrangements set forth in Parts I and II of the Commission’s
resolution of 13 August 1948 have been carried out and arrangements for the
plebiscite have been completed”.
Part II of the Truce agreement stated:
- 1) As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council; the Government of Pakistan agrees to withdraw its troops from that State.
- 2) The Government of Pakistan will use its best endeavor 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.
- 3) Pending a final solution, the territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the UNCIP.
This was formally agreed upon by Pakistan on 25th of December 1948, and conveyed to the Security Council. Till date Pakistan has failed to implement its clauses, and as such, the UNCIP was unable to communicate to India ratification of implementation of the Resolution of 13th August 1948 by Pakistan. With that, the question of a Plebiscite fell through and was never revived at the UN level.
India-China War (1962)
Chinese claims of India being a threat to its rule in Tibet, veritably became one of the major reasons for the Sino-India War of 1962. On 20th October 1962, China invaded Ladakh, and across the McMahon Line in former North-East Frontier Agency. The war continued for one month and ended when China declared a ceasefire on 20th November 1962. India was defeated by China and Indian posts and patrols were removed from Aksai Chin (Part of Jammu and Kashmir) which came under direct Chinese occupation after the end of the conflict. China claims that Aksai Chin is a part of Western Tibet whereas India claims it to be a part of Ladakh (State of Jammu and Kashmir).
In addition to the Aksai Chin plateau, China also occupies a large territory of Baltistan that was “ceded” by the Pakistan Government to China for the construction of the Karakoram Highway as part of the China-Pakistan Border Agreement signed on 2nd March 1963 between Chinese Foreign Minister Chen Yi and Pakistan President Zulfikar Ali Bhutto, which (re)established the border between China and Pakistan.
Politically, the agreement further dimmed hopes of any settlement of the Jammu and Kashmir conflict between India and Pakistan.
Indo-Pak War (1965)
In 1965, India and Pakistan fought their second war when Pakistan attacked India in an operation code named, ‘Gibraltar’ on 5th August, 1965 over the status of Jammu and Kashmir. The war is one of the most intense wars that the two neighbors would fight. On 14th August 1965, after the initial skirmishes, the first major confrontation between the two countries took place, with Pakistani forces moving concentrations near Tithwal, Uri, and Poonch. In retaliation, Indian troops captured the Haji Pir Pass (altitude 2637m), eight kilometers inside Pakistani territory.
Pakistan launched Operation ‘Grandslam’ to capture Akhnoor town (in Jammu region), with an objective of severing communications and supply routes to Indian troops. The operation ended in a failure, the stated military objectives were not achieved and Pakistani Army was forced to retreat. Following the failure of Operation ‘Grandslam’, Pakistan launched an attack in southern sector of Punjab on 1st September 1965, inflicting heavy losses on Indian Forces. The war witnessed the largest engagement of armored vehicles and tank battle since World War II, causing mass causalities on both sides.
On 22nd September, the UN Security Council unanimously passed a resolution calling for an unconditional ceasefire from both sides which ended the war, with diplomatic intervention by the Soviet Union adopting a neutral stand and offering a peaceful settlement between two warring States. Soviet Union hosted ceasefire negotiations in Tashkent (now in Uzbekistan) where the Prime Ministers of India and Pakistan met in January 1966.
Tashkent Agreement (1966)
The Indian Prime Minister Lal Bahadur Shastri and Pakistan President, Ayub Khan, signed a Peace Agreement in Tashkent on 10th January 1966, at the invitation of the Chairman of the Council of Ministers of Soviet Union, announcing the withdrawal of all armed personnel on both sides to the positions they held prior to 5th August and adhering to the terms of ceasefire not later than 25th February 1966. The declaration further stated that the Nations would not interfere in each other’s internal affairs; economic and diplomatic relations to be restored, ensuring an orderly transfer of prisoners of war, and that the two leaders would work towards improving bilateral relations.
Indo Pak War 1971
The Indo-Pak War of 1971 was a military confrontation that occurred during the liberation war in East Pakistan from 3 December 1971 the fall of Dhaka on 16 December 1971.
In the general elections, held in 1970, resulted in Sheikh Mujibur Rahman’s Awami League gaining 167 out of 169 seats for the East Pakistan Legislative Assembly, and a near-absolute majority in the 313-seat National Assembly, while the vote in West Pakistan was mostly won by the Zulfikar Ali Bhutto’s Pakistan Peoples Party. President General Yahya Khan postponed the inauguration of the National Assembly, causing a shattering disillusionment to the Awami League and their supporters throughout East Pakistan.
In reaction, Sheikh Rahman called for general strikes that eventually shutdown the government. The Government of Pakistan, outlawed the Awami League and initiated a military crackdown in East Pakistan. Many of Awami League members and sympathisers took refuge in Eastern India. Sheik Mujib was arrested and taken to West Pakistan. On 26 March 1971, Major Ziaur Rahman of Pakistan Army declared the independence of Bangladesh on behalf of Sheikh Mujib, followed by mass desertions in the Army and formation of a government-in-exile in Baidyanathtala of Meherpur.
The war began with preemptive aerial strikes on 11 Indian air stations, by Pakistani forces. India retaliated and sided with the Bengali nationalist forces and the government-in-exile. The war ended after the Eastern Command of the Pakistan military signed the Instrument of Surrender on 16 December 1971 in Dhaka, marking the formation of East Pakistan as the new nation of Bangladesh. Lasting just 13 days, it is one of the shortest wars in history.
Simla Agreement (1972)
The Simla Agreement was signed between Indian Prime Minister Indira Gandhi and Pakistani Prime Minister Zulfikar Ali Bhutto on 2nd July 1971, post the Bangladesh Liberation war of 1971. Both countries agreed to put an end to the conflict and confrontation that had hitherto marred their relations, and adjudicate their differences by peaceful means through bilateral negotiations without any third-party intervention.
To progressively restore and normalize relations between the two countries it was agreed that the ceasefire line, resulting from the cease fire declared on 17th December 1971 to be converted to the Line of Control (LoC) by both sides and not to be altered unilaterally irrespective of mutual differences and legal interpretations. The treaty ensured that Pakistan recognized the sovereignty and Independence of Bangladesh, with India returning over 90,000 Pakistani prisoners of war who had surrendered to the Indian army on 16th December 1971. All POWs were released in a six-month duration following the end of the war.
The signing of the agreement essentially made Jammu and Kashmir dispute a bilateral one, to be mutually resolved between the two countries and taking it out of the purview of the United Nations or any other third party (country) mediation.
Kashmir Accord (1975)
Sheikh Abdullah, mass leader of Jammu and Kashmir, announced in 1972, “our dispute with Government of India is not about accession but is about the quantum of autonomy”. The Kashmir Accord (February 1975) was signed between Prime Minster of India, Indira Gandhi and National Conference Leader, Sheikh Abdullah, latter assuming power as the Chief Minister of Jammu and Kashmir after a gap of 11 years. The Accord strengthened India’s role over legislation in Kashmir, though the state continued to be governed by Article 370 of the Indian Constitution. It was agreed that, residuary powers of legislation shall remain with the State but Parliament of India will continue to have power to make laws relating to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution.
Abdullah assumed power on 26th February 1975, receiving an unprecedented welcome by the people of Kashmir Valley whereas the response to the Kashmir Accord was far
less sharp in Jammu, as the people and political elite of the region were not directly involved in Abdullah’s relations with the Centre. The new Cabinet was announced for the State, which included Abdullah’s second-in-command, Mirza Afzal Beg from Kashmir and D.D. Thakur, a retired judge of the High Court, from Jammu.
In 1977, the Congress party of the state withdrew its support in favor of the Abdullah government, ending the National Conference-Congress Alliance. In retaliation, despite having signed the Kashmir Accord in 1975 and reaffirming Kashmir as a constituent unit of the Union of India, Abdullah began supporting a demand for Plebiscite.
Terrorism in Indian Administered Jammu and Kashmir (1989 onwards)
Jammu and Kashmir witnessed sporadic periods of violence post the Independence of India, but never an organized insurgency till 1989. The self-styled movement was influenced by few occurrences around the globe, like the banning of the book “The Satanic Verses” (published in 1988) authored by Salman Rushdie, writer of Kashmiri origin, by Iranian religious leader Ayatollah Khamenei claiming it to be blasphemous. Many Kashmiri Muslims protested in support of banning the book. The year also witnessed the defeat of Soviet Union by the Afghan Mujahedeen. As per trusted Pakistani sources, the Generals of Pakistan mobilized the “war – addicted Afghan Mujahedeen”, having no more wars to fight, to the Valley of Kashmir.
Pakistani and Kashmiri religious parties and their militant squads were used as a front to escalade armed attacks in Jammu and Kashmir and succeeded in injecting the ideology of communalism in the Valley of Kashmir. Pakistan’s motive to annex and not to liberate Jammu and Kashmir, causing disintegration within India, is corroborated by the fact that majority of terrorist- and separatist group’s objective remained merger with Pakistan. The objective was to banish the minority in order to strengthen Pakistan’s claim over Jammu and Kashmir and resulted in selective ethnic cleansing of Kashmiri Pandits (Kashmiri Hindus).
By 1990, almost all Kashmiri Pandits had left the Valley of Kashmir while many secular Kashmiri Muslims like writers, academics, artists and bureaucrats also fell prey to terrorist bullets. In a bid to frighten the minority, mosques and other public places were misused as hideouts by the terrorists to invigorate the fundamentalist movement and inhibit attacks by the security forces. It is estimated that by 1989, more than 10,000 Kashmiri Muslim youth had undergone training of weapons in Pakistan and Pakistan Administered Jammu and Kashmir.
There was a massive propaganda drive against Sufi Islam and the composite Kashmiri culture, dubbed both as anti–Islamic. The self-styled “movement” was not only religiously fueled but also unevenly distributed across the region. The people of Jammu and Ladakh region distanced and maintained an anti-movement stance; supporting India. Despite the bloodshed and destruction for close to three decades, it remains an enigma to understand the objectives behind this movement. Was the struggle against a professed occupier, a fight against the State for greater political rights or a struggle for an Independent Islamic state? The violence led to killings, displacement of people, disruptive schooling, destruction of infrastructure and support systems, human rights violation and loss of security. It has put into challenge the major consequences for survival, development, health and overall wellbeing of people. Despite varying political positions of the Kashmiri Muslim majority and the Pandit minority, both continue to suffer as a collective group, while the issue seems to have been buried and its cause lost in ambiguity.
Lahore Declaration (1999)
The Lahore Declaration was signed on 21st of February 1999, between the Indian Prime Minister Atal Bihari Vajpayee and the Prime Minister of Pakistan Nawaz Sharif in Lahore (Pakistan), ratified by the parliaments of both the countries with a commitment to reach a mutual understanding and agreement towards the development of atomic arsenals and avoiding accidental and unauthorized operational use of nuclear weapons.
The Lahore Declaration can be viewed as one of the most important and historical treaties between India and Pakistan to normalize relations and slacken the military tensions in South Asia, distinctly after the proposal of South Asia Nuclear Weapon Free Zone (SANWFZ), to limit nuclear race between the two countries of which negotiations were never concluded. In the wake of publicly performed atomic tests carried out by both the nations in May 1998, the treaty beckoned a major breakthrough in overcoming historically strained bilateral relations between the two nations, reaffirming the commitment to find a peaceful resolution to the issue of Jammu and Kashmir.
The treaty was greeted in Pakistan’s civil society sphere, the general population pools widely welcomed the move by their Prime Minister, though it was speculated in Pakistan’s media that many in the Pakistani Military disapproved of the treaty and consequently worked to subvert it and escalate tensions between the two nations, which would later result into the Kargil War. The reception for the Indian Prime Minister, Vajpayee was described as the leader of an “enemy combatant nation,” and boycotted by the Chiefs of the Pakistan Military (Army Chief, Air Chief and Naval Chief included). In India, the initiative bolstered the popularity of the Indian Prime Minister and the move was hailed.
Kargil War (1999)
The Kargil war, fought between India and Pakistan in May 1999, lasted for over a month in the Kargil district of Indian Administered Jammu and Kashmir, post signing of the Lahore Declaration. The operation was planned and executed by Pervez Musharraf, Chief of Army Staff under Prime Minister Nawaz Sharif and aimed at interdicting the Kargil–Leh highway, the main land route for the Indian Army’s logistic supplies to Siachen.
Pakistani forces intruded and occupied strategic positions on the Indian side of the Line of Control (LoC – de facto border in Jammu and Kashmir), prompting an Indian counter offensive in which Pakistani forces were pushed back to their side of the original LoC. Kargil was the first armed conflict between the two neighbors since they officially conducted nuclear weapons tests. Recognition of the potential for escalation of this conflict and its wider implications caused the then US President, Bill Clinton to summon Pakistani Prime Minister Nawaz Sharif and demand that he rein in his troops.
The fighting ceased on 26th July with India regaining position of Kargil and Pakistani forces leaving India in control of the entire territory South and East of the Line of Control, as was established in July 1972 pursuant to the Simla Agreement. Consequently to the Kargil debacle, relations between the Pakistani Army and the civilian leadership of the country deteriorated and resulted in a bloodless coup carried out by the Army (led by General Pervez Musharraf) against Prime Minister Nawaz Sharif, subsequently placing the Prime Minister under a strict house-arrest and later exiling him to Saudi Arabia.