Kashmir - The History

UN Resolutions

Kashmir, the oldest dispute at the UN Agenda

The Kashmir dispute is the oldest unresolved international conflict in the world today. Pakistan considers Kashmir as its core political dispute with India. So does the international community, except India.

India's forcible occupation of the State of Jammu and Kashmir in 1947 is the main cause of the dispute. India claims to have ‘signed' a controversial document, the Instrument of Accession, on 26 October 1947 with the Maharaja of Kashmir, in which the Maharaja obtained India's military help against popular insurgency. The people of Kashmir and Pakistan do not accept the Indian claim. There are doubts about the very existence of the Instrument of Accession. The United Nations also does not consider Indian claim as legally valid: it recognizes Kashmir as a disputed territory. With the exception of India, the entire world community recognizes Kashmir as a disputed territory. The fact is that all the principles on the basis of which the Indian subcontinent was partitioned by the British in 1947 justify Kashmir becoming a part of Pakistan: the State had majority Muslim population, and it not only enjoyed geographical proximity with Pakistan but also had essential economic linkages with the territories constituting Pakistan.

History of the dispute

The State of Jammu and Kashmir has historically remained independent, except in the anarchical conditions of the late 18th and first half of the 19th century, or when incorporated in the vast empires set up by the Mauryas (3 rd century BC), the Mughals (16th to 18th century) and the British (mid-19th to mid-20th century). All these empires included not only present-day India and Pakistan but some other countries of the region as well. Until 1846, Kashmir was part of the Sikh empire. In that year, the British defeated the Sikhs and sold Kashmir to Gulab Singh of Jammu for Rs. 7.5 million under the Treaty of Amritsar. Gulab Singh, the Mahraja, signed a separate treaty with the British which gave him the status of an independent princely ruler of Kashmir. Gulab Singh died in 1857 and was replaced by Rambir Singh (1857-1885). Two other Marajas, Partab Singh (1885-1925) and Hari Singh (1925-1949) ruled in succession.

Gulab Singh and his successors ruled Kashmir in a tyrannical and repressive way. The people of Kashmir, nearly 80 per cent of who were Muslims, rose against Maharaja Hari Singh's rule. He ruthlessly crushed a mass uprising in 1931. In 1932, Sheikh Abdullah formed Kashmir's first political party—the All Jammu & Kashmir Muslim Conference (renamed as National Conference in 1939). In 1934, the Maharaja gave way and allowed limited democracy in the form of a Legislative Assembly. However, unease with the Maharaja's rule continued. According to the instruments of partition of India, the rulers of princely states were given the choice to freely accede to either India or Pakistan, or to remain independent. They were, however, advised to accede to the contiguous dominion, taking into consideration the geographical and ethnic issues.

In Kashmir, however, the Maharaja hesitated. The principally Muslim population, having seen the early and covert arrival of Indian troops, rebelled and things got out of the Maharaja's hands. The people of Kashmir were demanding to join Pakistan. The Maharaja, fearing tribal warfare, eventually gave way to the Indian pressure and agreed to join India by, as India claims, ‘signing' the controversial Instrument of Accession on 26 October 1947. Kashmir was provisionally accepted into the Indian Union pending a free and impartial plebiscite. This was spelled out in a letter from the Governor General of India, Lord Mountbatten, to the Maharaja on 27 October 1947. In the letter, accepting the accession, Mountbatten made it clear that the State would only be incorporated into the Indian Union after a reference had been made to the people of Kashmir. Having accepted the principle of a plebiscite, India has since obstructed all attempts at holding a plebiscite.

In 1947, India and Pakistan went to war over Kashmir. During the war, it was India which first took the Kashmir dispute to the United Nations on 1 January 1948. The following year, on 1 January 1949, the UN helped enforce ceasefire between the two countries. The ceasefire line is called the Line of Control. It was an outcome of a mutual consent by India and Pakistan that the UN Security Council (UNSC) and UN Commission for India and Pakistan (UNCIP) passed several resolutions in years following the 1947-48 war. The UNSC Resolution of 21 April 1948--one of the principal UN resolutions on Kashmir—stated that “both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite”. Subsequent UNSC Resolutions reiterated the same stand. UNCIP Resolutions of 3 August 1948 and 5 January 1949 reinforced UNSC resolutions.

KASHMIR ISSUE IN A NUTSHELL

The current agitation in Indian-Held Kashmir is rooted in the struggle of the people for the exercise of the right of self-determination. Peaceful processions chanting demands for freedom were fired upon by Indian Army and police. Thousands of men, women and children have been killed or wounded.

1. New Delhi's allegation of assistance to the Kashmiri people from the Pakistan side is unfounded. Objective reports in foreign media testify that the Kashmiri agitation is indigenous.

2. Pakistan upholds the right of the people of Jammu and Kashmir to self-determination in accordance with the resolutions of the United Nations Security Council. These resolutions of 1948 and 1949 provide for the holding of a free and impartial plebiscite for the determination of the future of the state by the people of Jammu and Kashmir.

3. The basic points about the UN resolution are that:

• The complaint relating to Kashmir was initiated by India in the Security Council;

• The Council explicitly and by implications, rejected India's claim that Kashmir is legally Indian territory;

• The resolutions established self-determination as the governing principal for the settlement of the Kashmir dispute. This is the world body's commitment to the people of Kashmir;

• The resolutions endorsed a binding agreement between India and Pakistan reached through the mediation of UNCIP, that a plebiscite would be held, under agreed and specified conditions.

1. The Security Council has rejected the Indian contention that the people of Kashmir have exercised their right of self-determination by participating in the "election" which India has from time to time organized in the Held Kashmir. The 0.2% turn out during the 1989 "elections" was the most recent clear repudiation of the Indian claim.

2. Pakistan continues to adhere to the UN resolutions. These are binding also on India.

3. The Simla Agreement of 2 July 1972, to which Pakistan also continues to adhere, did not alter the status of Jammu and Kashmir as a disputed territory:

· Para 6 of the Agreement lists “a final settlement of Jammu and Kashmir" as one of the outstanding questions awaiting a settlement.

· Para 4 (ii) talks of a "Line of Control" as distinguished from an international border. Furthermore, it explicitly protects "the recognized position of either side." The recognized position of Pakistan is the one, which is recognized by the United Nations and the World Community in general.

· Article 1(iv) obviously refers to the Kashmir issue when it talks of "the basic issues and causes of conflict which have bedeviled the relations between the two countries for the last 25 years"