Kashmir Issue
Kashmir Issue, the determining bone of contention between Pakistan and India for the last seven decades, is the cause of three wars and other numerous skirmishes.
An assessment of the issue is discussed below which hitherto prohibited its viable solution.
A bird eye view to the early history of kashmir will unviel its succession through six critical phases.
ORIGIN: Phase-1
The findings from the 12th century text 'Rajatarangini' depicts a story of the drainage of a 'lake' to which Brahamins were invited for settlements.
The story takes a turn in the 13th and 14th century where the leaders of the 'lake' and its most population accepted the religion of Islam.
The area then was rule by Pashtun Durrani Empire till the conquests of Sikhs. The Sikhs then were defeated by the British. The lake-Kashmir were then transfered and sold again to the sikhs codified in treaties of Lahore and Amritsar respectively. The region in the aftermath were declared as princely state which was ruled by Mahrajas till 1947.
Phase 2: Controversial Stance of Mahraja
At the time of independece this historical dictatorship gave way to the main issue.
The Mahraja Hari Singh offical statements asserted independence but the covert machinations of ethnic cleansing of Muslims and his visits to Delhi aroused the expected suspicions, a tilt towards Hindu India which is to a large extent endorsed by the removal of his advisior which advocated independence.
The fear of ethic cleansing and imprisonment under the Hindu India led to the rebillion which in someways was assisted by the Tribal people due their regional contiguity and natural affiliation towards the Kashmiri people, as they were their brothers in faith.
Phase 3: Blackmailing by Lord Mountbatten
The fear of losing his power compelled the Mahraja to visit Delhi for help to supress the rebillion. Lord Moutbatten ,in response ,showed disdain unless the pricely state acceded to the Union of India first. The Mahraja thereby signed the Instrument of Accession without the general will of the Kashmiri people slutifing the doctrine of 3rd June Plan.
Phase 4: Attempts at Solution :
1. UN Mediation:
2. Sir Owen Dixon Plan:
3. President Musharraf Doctrine:
1.UN Mediation:
The UNSC Resolution 47 was passed by UNSC under Chapter VI of UN Charter.
The Resolution recommended a
three-step process for the resolution of the dispute.
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 also called for measures be taken for return of refugees, for the release of political prisoners and for political freedom.
The resolution was approved by nine votes against none. The Soviet Union and Ukraine abstained.
Both India and Pakistan raised objections to the Resolution 47.
India objected first of all that the resolution placed India and Pakistan on an equal footing, ignoring the complaint of Pakistani aggression and Kashmir's legal accession to India.
Secondly, it objected to the absence of allowance for it to retain troops in the state for its defence. It also felt the requirement of a coalition government would put Sheikh Abdullah, then Prime Minister of Kashmir, in an impossible position. It said that the powers conferred on the Plebiscite Administrator were far too wide and undermined the state's sovereignty. It felt that provision for the return of all refugees was unrealistic.
Finally, India wanted Pakistan to be excluded from the conduct of the plebiscite.
Pakistan objected to the retention of the Indian forces in Kashmir, even at the minimum level allowed by the resolution. It wanted an equal representation in the government of the state for the Muslim Conference, the dominant party of the Pakistani-held Kashmir.The Pakistani government circles felt that the Security Council deliberations had been favourable to Pakistan but the final proposals were modified by the United States and Britain to "mollify" India. Britain came in for particular criticism.
Both the sides however welcomed the UN Commission and agreed to work with it.
2. Sir Owen Dixon Plan:
In 1950,Sir Owen Dixon, an eminent jurist from Australia, was appointed by the Security Council as the UN Representative on Kashmir.
From July 20 to 24, he held a conference of the Prime ministers of India and Pakistan, J Nehru and LiyaqatAli Khan, and formulated three plans for placing the entire State of Jammu and Kashmir under one administration. The single administration would alternatively be composed of a coalition of an Indian-sponsored regime, the "Azad Kashmir Movement" and of "trusted persons outside politics" or of the United Nations representatives.
As a second step, demilitarization of Kashmir would begin on both sides of the ceasefire line, Pakistan first.
And as a third step, a plebiscite would be held to decide whether Kashmir would join India or Pakistan.
Initially, both the parties agreed and then backed out.
3. President Musharraf Doctrine:
In 2006 General Musharraf who believed both Pakistan and India would have to retreat from positions held since 1948 come up with four point formula. This four-point solution to Kashmir issue which includes demilitarization and “self-governance with joint supervision mechanism”.
The four-point formula of Musharraf included
a) Kashmir should have the same borders but free movement across the region be allowed for people on both side of LoC;
b)There should be self-governance or autonomy but not independence
c)Region should be demilitarized i-e phased wised withdrawal of troops from the region.
d ) A mechanism should be devised jointly so that the road map for Kashmir is implemented smoothly.
