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Understanding Kashmir Conflict: Looking for its Resolution

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 SUSURGALUR:
Jurnal Kajian Sejarah & Pendidikan Sejarah, 1(2) September 2013

HILAL AHMAD WANI & ANDI SUWIRTA

Understanding Kashmir Conflict:

Looking for its Resolution

ABSTRACT: The most dangerous place in the world today is the Indian sub-continent
and the line of control in Kashmir. Kashmir conflict is the outcome of a process of neglect,
discrimination, suppression of Kashmir identity, and the pre-eminence of power centric
approach held by the successive regimes of India and Pakistan. This paper is new attempt
to include ideas of different academic scholars towards a lasting solution to the Kashmir
imbroglio. The problem of Kashmir conflict is mostly a constitutional problem. Therefore, this
paper includes particularly the dimension of autonomy debate for the resolution of conflict.
The autonomy of the Kashmiri people was always curtailed either through the massive
violations of human rights or by doing several amendments in the constitution of state. The
so called democratic system of India can only be successful in Kashmir when the rights of the
people will be safeguarded. This is the main dimension towards a keen interest is needed.
India has to understand what are the causes of alienation in Kashmir. Lasting solution to
Kashmir conflict different viewpoints of various scholars has been included in this paper.
KEY WORD: Kashmir conflict, violations of human rights, India and Pakistan, autonomy,
fraud election, and scholars views for resolution.

IKHTISAR: Makalah ini berjudul “Memahami Konflik Kashmir: Mencari Penyelesaiannya”.

Tempat paling berbahaya di dunia saat ini adalah sub-benua India dan garis kontrol di
Kashmir. Konflik Kashmir adalah hasil dari suatu proses penelantaran, diskriminasi,
penindasan terhadap identitas Kashmir, serta keunggulan dari pendekatan kekuasaan
sentris yang dipegang oleh rezim silih berganti dari India dan Pakistan. Tulisan ini adalah
upaya baru untuk memasukkan ide-ide akademik para sarjana yang beragam terhadap
penyelesaian akhir untuk keruwetan Kashmir. Masalah konflik Kashmir sebagian besar
adalah masalah konstitusional. Oleh karena itu, makalah ini khususnya meliputi dimensi
debat otonomi untuk penyelesaian konflik. Otonomi rakyat Kashmir selalu dibatasi, baik
melalui pelanggaran besar-besaran hak asasi manusia atau dengan melakukan beberapa
perubahan dalam konstitusi negara. Apa yang disebut dengan sistem demokrasi di India
hanya dapat berhasil di Kashmir ketika hak-hak rakyat akan terlindungi. Ini adalah
dimensi utama menuju kepentingan yang diperlukan. India harus memahami apa-apa yang
menjadi penyebab keterasingan di Kashmir. Penyelesaian akhir ke atas konflik Kashmir
dari berbagai sudut pandang para sarjana yang beragam telah dimasukkan dalam makalah
ini.
KATA KUNCI: Konflik Kashmir, pelanggaran hak asasi manusia, India dan Pakistan,
otonomi, pemilihan umum penipuan, dan pandangan para sarjana untuk resolusi.

INTRODUCTION The most dangerous place in the

world today, we think you could argue,
“Even today, perhaps the best of us do not quite is the Indian sub-continent and the line
realise the depth of Kashmiri’s alienation and
are unready to ponder ways and means of of control in Kashmir. Kashmir conflict
overcoming it”, Professor Hiren Mukherji said is the outcome of a process of neglect,
on February 25, 1994 as cited by A.G. Noorani
(2008:84).
discrimination, suppression of Kashmir

Dr. Hilal Ahmad Wani is a Post Doctoral Fellow at the Centre for Peace and Strategic Studies UoI (University of Ilorin)
in Nigeria; and Andi Suwirta, M.Hum. is a Senior Lecturer at the Faculty of Social Studies Education UPI (Indonesia
University of Education) in Bandung. The authors’ e-mails are: [email protected] and [email protected]

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HILAL AHMAD WANI & ANDI SUWIRTA,
Understanding Kashmir Conflict

identity, and the pre-eminence of power sub-continent, which had direct/

centric approach held by the successive indirect impact on the Kashmir problem.
regimes of India and Pakistan. The Special mention may be made about the
Kashmir conflict is primarily and break-up of Pakistan into two States.
fundamentally an ethnic conflict, In that situation, Sheikh Mohammad
through some forces in India as well as Abdullah felt compelled to resolve the
Pakistan are trying their best to make it Kashmir problem within the framework
a communal are because of the identity of Indian Constitution. Thus, in 1975,
of Kashmir people from the rest of India he compromised with the Indian leaders.
and Pakistan. That the Kashmir problem The result was the “Indira-Sheikh
has always been a problem of ethnic Accord”, which offered nothing new
identity Kashmiryat and its resolution to the State of Jammu and Kashmir
maybe found in upholding, rejuvenating, but reaffirmed the maintenance of the
and establishing Kashmiryat in an special status of the State of Jammu
acceptable frame work in the larger and Kashmir within the framework of
freedom and political order. Article 370 of the Constitution of India.
The Kashmir conflict has multiple This agreement was condemned
dimensions and is defined by a complex widely in Kashmir. When the Sheikh
intersection of an international dispute Mohammad Abdullah took over power
with sources of conflict internal to the in the State in 1975, people in general
disputed territory and its Pakistan developed a lot of expectations for the
controlled parts. Any approach to development of the State and betterment
resolving this multi-layered conflict of life-conditions of the people. While
must necessarily involve multiple, but the central government did not keep
connected and mutually reinforcing, political and non-political promises, the
tracks or axes of engagement and Sheikh Mohammad Abdullah could not
dialogue (Rahman, 1995:13). control the expansion of worst kind of
It is generally believed that this corruption and nepotism in the State.
tradition proved one dominant factor in It was generally felt that though Sheikh
convincing the people in Jammu and Mohammad Abdullah did not involve
Kashmir that the Government of India himself in the corruption, his family,
will never allow democracy to function colleagues, and others near to him did
in the State. This feeling contributed unparalleled corruption in the State.
significantly to the political antagonism He died in 1982 as a sad person, which
between the people in the State and partly reflects in his autobiography in
the Centre. After 1953, when Sheikh Urdu language, Aateshe Chinar (flame or
Mohammad Abdullah and other leaders fire of plane tree).
of Jammu-Kashmir National Conference
were arrested, his followers founded KASHMIR VALE IN CONFLICT
a new political party which was called The British sold the valley of Kashmir
Plebiscite Front (Mahaze Rai Shumari). to the Hindu Dogra ruler, Gulab Singh,
Its sole objective was to carry on the in 1846 with the Treaty of Amritser
struggle to achieve the right of self- (in thanks for his assistance with the
determination for the people of Jammu British Afghan expedition and protecting
and Kashmir to decide their political British interests in the Punjab), adding
future. Sheikh Mohammad Abdullah to his prior possessions of Jammu,
fought for this objective from prison Ladakh, Baltistan, and numerous hill
and the Kashmiri people supported him states. His great grandson, Maharaja
vociferously. Hari Singh, could not decide whether
In the early 1970, several political to join India or Pakistan upon
developments took place in the Indian Independence in 1947, so the State

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remained “independent” for over two India and Pakistan.

months. Under attack from the Pakistan The roots of the conflict or crisis
side, Maharaja Hari Singh elected to extend to the catastrophic partition of
join India in exchange for militancy the two countries in 1947, when the
aid Kashmir’s accession to India was British government left the region after
contested by Pakistan. This accession a 250-year period of rule characterized
was to be provisional, contingent upon by exploitation and divide and conquer
popular approval. tactics. The British emperor’s divisive
However, no plebiscite was policies, which were aimed at creating
conducted. Pakistan soon went to a rift between Hindu and Muslims in
war with India over Kashmir. The war order to dilute any potential cohesive
was halted in 1949 with a UN (United opposing force, began in a large scale in
Nations) supervised ceasefire and the the early 1900s, when it started to fear
establishment of a 500-mile ceasefire the perceived growing strength of the
line patrolled by the UN Military Hindu nationalist movement.
Observer Group in India and Pakistan In order to counterbalance this
(UNMOGIP), although small-scale perceived threat, the colonialist British
attacks continued. Hostilities recurred government began to actively support
in 1965, but the ceasefire line remained. the Muslim League, a political entity
It was renamed “Line of Control” (LOC) spear headed by Mohammad Ali
with the 1972 Shimla Agreement Jinnah that aimed to represent the
between India and Pakistan. sub-continent’s Muslim interests. The
China annexed Aksai-Chin in 1962. British pitted these two groups against
The “Line of Actual Control” (LOAC) one another, and eventually the Muslim
between India and China has never League was forced to demand the
been clearly demarcated (Srivastava, creation of separate state, to be called
2001:80). Prem Nath Bazaz, a Kashmiri “Pakistan”, because it felt its interests
writer and political activist in 1967, would not be represented in a Hindu-
wrote, “It is an irony of history that by a majority India after the British granted
combination of fortuitous circumstances a the sub-continent its independence
tiny nation of Kashmiris has been placed (Sankaran & Ramit, 2003:2).
in a position of great importance, where it Mohandas Gandhi, the political
can be instrumental in making or marring leader of the independence movement,
the future of so many” (cited in Bazaz, was in favor of the creation of India and
1974:120-122). eventually used his power to ensure its
The politics of Kashmir identity was existence. Consequently, as its parting
transmitted into ethnic nationalism, legacy, the British Empire, under the
associated with a distinct Islamic tinge supervision of Lord Mountbatten,
and a transfer from India to Pakistan created artificial geographical
loyalty. The ruling elite of Pakistan, boundaries separating the newly created
unreconciled with idea of the loss of Hindu majority India and Muslim
Kashmir, readily responded to this majority Pakistan. The creation of
historic opportunity. Kashmir conflict these new states created a tremendous
became one of the worst tragedies of amount of violent upheaval, dubbed
international politics, degenerated into the bloody partition. In this massive
a pawn in Indo-Pak (India-Pakistan) movement of people and capital (Hindus
rivalry. The unfortunate victim of this and Sikhs mainly to India, Muslims
process has been the people of Kashmir. primarily to Pakistan), hundreds and
The greatest hindrance to growth and thousands of people were killed and the
cooperation in South Asia has been the land dispute of Kashmir was formed.
sixty-year-old Kashmir conflict between It can be said about the princely

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HILAL AHMAD WANI & ANDI SUWIRTA,
Understanding Kashmir Conflict

States, that the wishes of the rulers of proposal of UN. It was the main aim of
all the princely States that made up the UN let the Kashmiris decide their
India and Pakistan were taken into destiny. These resolutions also laid
account. Kashmir was an oddity, a emphasis upon restoration of peace and
predominantly Muslim State with a order, cease-fires, negotiations, truce
Hindu Raja (ruler) Hari Singh. Hari agreements for immediate cessation of
Singh acceded to India, and Pakistan hostilities, respect of Line of Control,
claimed that was against the wishes in order to create cooperation and
of people. The dispute then turned peace between India and Pakistan,
towards the military, with India sending and solve the Kashmir issue by taking
in its army to repulse what they called into account the aspirations of the
“Pakistani invaders” in the Kashmir Kashmiris. It is noteworthy to mention
valley (Srivastava, 2001:80). that United Nations become failed so
As indicated, both India and Pakistan for as the resolution of Kashmir issue
immediately attempted to fill the power is concerned. Two further wars between
vacuum that resulted after the British India and Pakistan, in 1965 and 1971,
left the border area of Kashmir and resulted in the establishment of the
fought a war in 1947-1948, which present day “Line of Control”. This
resulted in the partitioning of Kashmir separates Indian and Pakistani held
into an Indian-controlled territory and Kashmir, respectively (Bose, 2003:207).
a Pakistani controlled territory after the Until 1989, the fighting between
United Nations negotiated ceasefire. As the two countries was restricted to
part of this cease-fire, the UN (United each side’s respective armed forces.
Nations) also called for a plebiscite to Since that year, however, a separatist
be held to allow Kashmiris the right of movement has been waged counter to
self-determination, that is, to determine the Indian government with support
which nation they would join. from elements both indigenous and
This plebiscite has not been foreign (primarily Pakistani) to Kashmir.
conducted, as India has resisted This movements aim is to wrest
such an action, unwilling to cede the Kashmir from the Indian government
land. Many resolutions were made and is driven by the strong desire for
by the United Nations on Kashmir autonomy by native Kashmiris and the
issue, such as Resolution of Security strong sentiment of the majority of the
Council of April 21, 1948; Resolution Pakistani population, which believes
of the Commission of August 13, that Kashmir was given to Indian under
1948; Resolution of the Commission the unfair terms (Srivastava, 2001:80).
of January 5, 1949; Resolution of the Currently, Kashmir is composed of
Security Council of March 14, 1950; Indian-controlled Jammu and Kashmir
Resolution of the Security Council of (45%) and Pakistani-controlled Azad
March 30, 1951; Resolution of the Kashmir (35%), with remaining (20%)
Security Council on 24 January 1957; controlled by China. Often Kashmir
Resolution of the Security Council on 20 conflict is described as “the unfinished
September 1965; etc. In all these above business of partition”. The State of
resolutions of UN, it was emphasized Jammu and Kashmir has been the focus
that Kashmir conflict should be resolved of a dispute among India, Pakistan, and
keeping in view the aspirations and will Kashmiris themselves since 1947.
of the Kashmiris, whether they want to The root cause of the conflict is,
live with India or Pakistan or remain in again, the question of sovereignty and
separate state, all this will be decided by the possibility of self-determination by
the plebiscite means. Kashmiris of whether to remain India,
However, India never accepts this join Pakistan, or form an independent

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state. The conflict of Jammu and discontent, and especially as literacy,

Kashmir thus represents the confluence education, and media exposure increase
with economic modernization (cited by
of religious (Muslim) nationalism, Sankaran & Ramit, 2003:3-4).
secular nationalism (as represented
by India), and ethnic nationalism In 1947, Jammu and Kashmir was
(embodied) in Kashmiryat, a vague among the largest 562 so-called princely
terms for the confluence of Islamic, states in the Indian sub-continent.
Hindu, and uniquely Kashmiri cultural These were nominally self-governing
strains in the region. Kashmir is a units, ranging in size from tiny
Muslim-majority state contiguous to principalities to sprawling fiefs, ruled
Pakistan. Yet its Hindu head of the state by Hindu, Muslim, and Sikh feudal
choose to join India instead to Pakistan. potentates with pretensions to royal
India’s control of Kashmir has since states. Collectively, the princely states
sparked legal challenges in the United covered 45 percent of the land mass
Nations and two wars between India of the sub-continent. These vassals
and Pakistan. Still ethnic nationalism stateless constituted a major pillar of
remained relatively low-key in Kashmir the British concept of indirect rule in
until the 1980s, when factors including India. Their rulers a colorful assortment
Islamic revival, the availability of arms of Maharaja and Nawabs were permitted
and Mujahideen from Afghanistan and to administer their holdings as personal
Pakistan, and centralizing policies of the and dynastic fiefdoms in exchange for
Indian national government combined acknowledging the “paramountcy” of
to promote and facilitate ethno-religious British power, while British directly
sentiments and insurgency. controlled and administered the rest of
Since 1989, Jammu and Kashmir, the sub-continent (Kohli, 1997).
especially the northern valley of Typically, British overseers known
Kashmir has been locked in a militancy- as “Residents” were stationed in the
repression cycle, with pro-Pakistan capitals of the larger princely states,
and pro-secession Muslims militants but by and large, the Indian rules
combating Indian security forces. were left to their own devices. About
For the two countries, the conflict 526 princely states were tied to the
over Kashmir is less contests over British Empire with the treaties and
strategic ground are resources as over agreements set to lapse on 15 August
competing visions of nationalism and 1947. Under the colonial regime,
state-building. For India, Kashmir is these states were autonomous in
a symbolic of secular nationalism. For all but defence, foreign affairs, and
Pakistan, Kashmir represents instead communications so long as they
the failure of secular nationalism and recognized the “paramountcy” of the
the imperative of a Muslim homeland British crown. In 1947, each state
in the sub-continent, as well as the was to join India or Pakistan per its
“incompleteness” of Pakistan. Summit geography and predominant religion.
Ganguly says that: Independence was not an option for the
princely states.
The crux of Kashmir conflict, explaining
that the insurgency demonstrates the The fate of three states – Junagadh,
dangers against a backdrop of institutional Hyderabad, and Jammu and Kashmir
decay. The failure of governments to (the largest princely state) created
accommodate rising political demands complex territorial problems at
within an institutional context can
culminate in political violence perpetrated
independence. India’s occupation of the
by militants as well as state forces, first two states was broadly accepted but
especially in multi-ethnic societies with sovereignty over third is still disputed
limited channels for minorities to express

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HILAL AHMAD WANI & ANDI SUWIRTA,
Understanding Kashmir Conflict

among India, Pakistan, and Kashmiris. or organizational, with Indian National

Sir Owen Dixon, the UN Representative Congress which was spearheading the
for India and Pakistan, noted that the freedom movement in India. At its initial
Kashmir conflict was so intransigent stage, the movement leaders in Jammu
because Kashmir was “not really a and Kashmir talked in terms of political,
unit geographically, demographically economic, and other rights of the local
or economically” so much as “an people which were denied to them by
agglomeration of territories brought under alien rulers. However, the movement
the political power of one Maharaja” concentrated on the demand of stopping
(cited by Kohli, 1997). The conflict the discrimination of the Kashmiri
remains intractable both because India Muslims in their recruitment to the
and Pakistan equally unyielding in offices in the state (Ganguly, 2003).
their claims; and because Kashmiris When the movement under Jammu
themselves are so divided in their aims and Kashmir Muslim Conference
and loyalties. progressed and came in contact with
The Kashmir conflict represents a many other political groups and parties
self-determination (and more recently, in the Indian sub-continent, it started
secessionist) movement for Kashmiris, changing its political perspective; it
an irredentist movement for Pakistan was changed into Jammu and Kashmir
and Pakistan-controlled Kashmir, and a National Conference in 1938. This
civil insurgency for India. Although the change reflected the widespread impact
majority of Kashmiris were Muslims, of the dominant political forces of that
the State had a Hindu ruler since the time on the political leaders in Kashmir.
British gave Maharaja Gulab Singh This view is supported by the adoption
domain over Kashmir in 1846. Over of Naya Kashmir Programme which
time Kashmir Brahmins (Pandits) and was considered highly revolutionary
Dogras came to control most of the programme, whose architects were the
best agricultural lands, while Muslims, leftist leaders inside and outside the
lacking wealth or influence, worked the Kashmir. These developments were
land. followed by the Quit Kashmir Movement,
The freedom movement in Kashmir spearheaded by the Jammu and
may be seen in the context of social, Kashmir National Conference to end the
political, economic, educational, and feudal rule of Maharaja in Jammu and
cultural situation which prevailed in Kashmir.
late 19th and early 20th centuries. The The Kashmir problem was created
appalling conditions of the local people, by the partition of the Indian sub-
who were mostly Muslims, compelled continent in 1947 when India and
them to rise in revolt against the feudal Pakistan were created as two separate
rule of Maharaja. They did it through and independent states. At that time,
several uprisings in the early 20th the State of Jammu and Kashmir, which
century. This also reflected in raising was ruled by Maharaja Hari Singh,
their voice for political, economic, could not accede to India or Pakistan
cultural, and religious rights; and voluntarily. However, in the complex
against the feudal monarchy. political situation at that time, the
However, the first and organized Maharaja Hari Singh had to accede to
movement of the Kashmiris started India temporarily on the promise (on
in 1931 under the leadership of the part of Indian political leaders) of
Sheikh Mohammad Abdullah and his giving the right of self-determination to
colleagues under the banner of Jammu the people of Kashmir to decide their
and Kashmir Muslim Conference. This political future.
movement had no connection, political It was on this promise that Sheikh

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Mohammad Abdullah, the leader had preferred India to Pakistan because

of Jammu and Kashmir National of his secular ideas. There is no doubt
Conference at that time, supported in saying that he was the leader of the
the temporary accession of Kashmir people of Kashmir. If tomorrow Sheikh
to India and took over the emergency Mohammad Abdullah wanted Kashmir
government in Jammu and Kashmir to join Pakistan, neither we nor all the
in 1947. Subsequently, India took this forces of India would be able to stop
problem to the United Nations where it because if the leader decides it will
it still stands on its agenda. Though happen.
the UN carried out several political In his Aatish-e-Chinar (flames or fire
and diplomatic efforts for resolving the of plane tree), the Sheikh Mohammad
Kashmir problem, it did not succeed Abdullah recalled that during the talks,
(Schofield, 2004:15). Pandit Jawaharlal Nehru exclaimed,
Thus, the political future of Jammu “Sheikh Sahib if you do not stand with
and Kashmir State remained undecided. us shoulder to shoulder, we shall cast
It is primarily in that context that a chain of gold around your neck”. The
the people in Jammu and Kashmir Sheikh Mohammad Abdullah looked
demand the right of self-determination at him and said smilingly, “but don’t
which was promised to them by India, do that ever because you will thereby
Pakistan, and UN (United Nations). They have to wash your hands of Kashmir”.
upheld the view that this problem has The pact that was signed between the
three basic parties, which are India, architects of the Indian Foreign Policy,
Pakistan, and the Kashmiri people. This Pandit Jawaharlal Nehru, versus lion of
problem can never be solved if any of the Kashmir, Sheikh Mohammad Abdullah,
parties is kept aloof or remains absent. was this Persian couplet Mantushudi tu
Muslims began agitating against Manshudam, it means “you have become
the Maharaja Hari Singh in the early me and I have become you” (cited in
1930s because of his insensitively and Habibullah, 2008).
heavy taxes. Opposition to the Maharaja It was the agreement of greater
Hari Singh, then, coalesced under the autonomy and special status for the
charismatic young Kashmiri Muslim, wounded and oppressed masses
Sheikh Mohammad Abdullah. In 1932, of Kashmir. Talween Singh, a best
Sheikh Mohammad Abdullah formed journalist, wrote: “Kashmir has always
the All Jammu and Kashmir Muslim been special. It came to Indian in 1947 in
Conference. Under the influence of special circumstances and with special
Jawaharlal Nehru, a Kashmiri pundit, protection of its autonomy, something
the party changed its name in 1939 to that Indian political parties often forget”
the All Jammu and Kashmir National (cited in Habibullah, 2008:82).
Conference and sought to collaborate
with Kashmiri Hindus. FRAUD ELECTION OF 1987
Sheikh Mohammad Abdullah is Though, Farooq Abdullah inherited
regarded as the “lion of Kashmir”. the political leadership from his father,
He was a great leader in the history he won the election in 1984 on his
of Kashmir, who led a movement own by upholding and defending the
against oppression, injustices, and distinctive identity of the people of
discriminations over Kashmiri people. Kashmir within the broader whole
He was a secular leader in the history of India. But, when he deviated from
of Kashmir, who sacrificed his entire representing the distinctive character of
life for the cause of Kashmiri people. Kashmir, due to internal and external
He was given imprisonment by the pressures, he lost his legitimacy and
Indian government several times. He popular support among his people. As a

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HILAL AHMAD WANI & ANDI SUWIRTA,
Understanding Kashmir Conflict

result, he had to take support from the debate in India is historically linked
INC (Indian National Congress), which to Jammu and Kashmir State. This
further alienated him from the masses. issue has been a perennial theme in
It was in that context that his party, i.e. the constitutional relations between
JKNC (Jammu and Kashmir National the Union and the State. The autonomy
Conference), with the open support of issue resurfaced recently, sparking off
Delhi Darbar, rigged the elections in a national debate, when the Jammu
1987 in Jammu and Kashmir beyond and Kashmir State Assembly passed a
the understandable proportions. resolution urging upon the central as
It is said that when a Muslim well as State Government to restore the
United Front (MUF), which fought autonomy of the state, which the ruling
those elections against the JKNC and National Conference partly claimed to
INC combine, candidate won after have been eroded over the years by the
the counting, the name of the JKNC ruling dispensations at the centre.
candidate was announced as the The Autonomy resolution was, in fact,
winner. After the elections were over, a sequel to the report of a committee
anybody who criticized these illegal constituted by the State Government
practices was beaten, tortured, or when it was returned to power in
arrested. Thus, what happened in and the year 1996. The committee was
after the shameful elections in 1987 constituted in pursuance of National
provided the political base for the Conference Party manifesto and was
emergence of militancy in Kashmir. entrusted with the task of identifying
In actuality, the Jammu and Kashmir the areas in which the autonomy of the
Government, just after the elections State was eroded. The fact remains that
were over, started arresting the election restoration of autonomy in Jammu and
candidates, polling agents, and counting Kashmir has been a perpetual demand
agents of the MUF. reflected through the manifestos of the
So, all those who were involved in National Conference Party since 1977,
those elections from the opposition side when the latter contested the State
went underground. After sometime, Assembly elections for the first time.
most of them went to Pakistani Kashmir, Since 1951 as a logical follow up of
got the arms training and came back the Indira Gandhi – Sheikh Mohammad
to the Indian Kashmir to start the Abdullah Accord in 1975. It may be
struggle against India in Kashmir. mentioned that tracing the history of
Those who fought or were involved tension between the Union of India
in 1987 elections and were made and the State of Jammu and Kashmir,
defeated and terrorized by the State the illustrious leader of Jammu and
Government, included Syed Sllahuddin Kashmir, Sheikh Mohammad Abdullah,
(the Commander-in-Chief Hizbul wrote in his autobiography, Aatish-i-
Mujahideen), Aijaz Dar, Mohammad Chinar (flame or fire of plane tree), that
Yasin Malik, Ashfaq Wani, and all other there was no question of challenging the
JKLF (Jammu and Kashmir Liberation State’s decision with the Union of India.
Front) founders in Indian Kashmir. It However, the tension was confined
follows that when the government of to the quantum of constitutional
India, in collaboration with the State relationship between the Union and
government, did not allow the Kashmir the State. This issue was raised during
youth to emerge as a political force the negotiations to bring back the
through democratic means; they were Sheikh Mohammad Abdullah and
compelled to start a militant struggle National Conference Party into national
(Ranabir, 2005:93-113). mainstream, which culminated in Indira
About the Autonomy. The Autonomy Gandhi – Sheikh Mohammad Abdullah

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Accord, but its resolution remained subject to all kinds of propaganda

illusive (cited in Habibullah, 2008). from the Pakistani side over the years.
In fact, the political dispensation at It paid off well for Farooq Abdullah
the Centre which diluted the autonomy in the September 1996 elections too,
of Jammu and Kashmir wanted to immediately after his success in the
achieve the twin objectives of gradual elections. Farooq Abdullah seemed
withdrawal of state’s autonomy under serious to take the issue of autonomy
the perception of strengthening the with the Centre and set the autonomy
process of nation building in the country ball rolling in order to fulfill his electoral
and extending the influence of their commitment. But its truth that always
own political party parties in the state. autonomy agenda was discussed and
The State Autonomy Committee Report its irony that this principle of autonomy
was thoroughly debated in the State was also diluted and minimized this
Legislative Assembly, which culminated thing caused more alienation among
in the adoption of a resolution the people of Kashmir. Both the
urging upon the Union and the State governments failed be it the central
Government to take the measures government of India, or be it the state
to restore the autonomy of the state. government of Kashmir in safeguarding
Jammu and Kashmir State should be this autonomy slogan.
treated separately from the other states
of Union (Punjabi, 2000:6). SCHOLARS DISCOURSE ON KASHMIR
The salient features of the Quoting Prof. Hobsbawn, he said that
recommendations of State Autonomy self-determination and secessionism
Committee Report may be summarized has no relevance in 21st century. He
as: Firstly, Article 370 of the believes that greater autonomy is the
Constitution of India, which grants a only mechanism to end the alienation
special status to Jammu And Kashmir and to resolve the Kashmir imbroglio.
State, should be declared as “special” He further said that federal balance
in place of “temporary” as mentioned in India was essential, and stressed
in the Constitution of India. Secondly, that parameters of autonomy must be
rescinding various articles of Indian worked out with immense case and
Constitution applied to Jammu and thought (cited in Habibullah, 2008:250-
Kashmir State from 1954 onwards. 268).
Thirdly, bringing about changes in the M. Shafi, Prof. R.R. Sharma, Prof.
Jammu and Kashmir State Constitution Riyaz Punjabi, Dr. Austosh Kumar, Prof.
to give control, direction, and super Balbir Arora, and Prof. Noor Mohammad
intendance of elections to the state Baba also supported this viewpoint.
legislature and to the state High Court. Prof. Austosh Kumar, for example,
Fourthly, bringing about changes in the said that Centre has been playing a
Jammu and Kashmir State Constitution much more dominating role. The idea
restoring back the nomenclature of the of genuine autonomy being granted to
Head of the State and State Executive, the states has not been given a proper
mode of the state, repeating the other chance nor has its potential has been
consequential amendments, and the appreciated in providing solutions to the
original provisions of the constitution of regional problems. It is in the context of
Jammu and Kashmir must be restored. the ongoing movements for autonomy
The demand for Autonomy has paid or secession in these states as well as
off well, politically speaking, for National shortcoming revealed over the years in
Conference in Kashmir in the past the working of the constitution that the
and helped them in keeping the pro- core issues of Indian federal democracy
India constituency alive in Kashmir, need a critical rethinking (Ahmad Wani,

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2012). have to adopt CBMs and through it,

Wajahat Habibullah (2008), a great peace can be restored and maintained
writer and good public civil servant, in Kashmir valley. He included that
writes: “India must adhere to its India and Pakistan should start cross
constitution and the Kashmiris should line transportation system and railway
be allowed to enjoy the freedom that is linkages, promotion of cross border
guaranteed to them by that constitution”. trade and business, and promotion of
He further said in his realistic remarks, joint tourism will pave new avenues for
“Until each citizen can live free from the peace building and conflict building
fear, democracy can only be notional, no process in Kashmir (Mohan, 2004:3097-
matter how elections are conducted or 3099).
who participates”. Does such a situation Prof. Happymon Jacob (2010), at
exist now? He is not without hope. the School of International Studies
JNU (Jawaharlal Nehru University)
I believe, based on my experience working in New Delhi, said that the ongoing
in the State and with its people that a
unrest in Kashmir is the result of a
remedy for the Kashmir situation need not
be elusive, if all stakeholders are sincere in failure of politics, political courage,
their endeavor to restore peace and respect conviction, and empathy. If Kashmir
for the dignity of Kashmiri people, is at the burns this time, it is because politicians
core of any resolution. Ignoring the self- in New Delhi and Srinagar have failed
respect of Kashmiris believing that they
as a people could be bought brought on
to extend a powerful and convincing
and fuelled the cycle of ruin (Habibullah, political argument to the Kashmiris.
2008:262-263). Gone are the days when a nation
state could demand the undiluted
Summit Ganguly, a well-known writer, loyalty of its citizens only by force and
said as follows: coercion today, a modern multinational
state such as India can command
Both regional and ethnic tensions within the legitimacy of its citizens only by
the State are so high that any settlement
powers persuasiveness and attraction
will need to consider autonomy for the
State and devolution within the States. of its political arguments. He said that
Any solution to Kashmir problem from mainstream politicians in the valley forget
the side of policy makers of India must what has always been true in the case
have to acknowledge deep sense of loss, of Kashmir. He cited, then, King Martin
bitterness, and a virtually complete lack of
in government both in the valley and in the
Luther that said, “Peace is not the absence
migrant camps as well. Kashmiri Muslims of conflict, but the presence of justice”.
feel mutilated and defined by the laws and Prof. Happymon Jacob said also: “We
while the Hindu migrants feel uprooted can win back Kashmir only by making a
and betrayed by both the government and
convincing political argument, by devising
insurgent groups. Any solution to Kashmir
conflict must address the underlying a politically conscious reconciliation
grievances of Kashmiri and take a two- process, and by being sensitive to the
pronged approach between India and many injustices by which the Kashmiris
Pakistan, to end Pakistan’s insurgency have suffered” (Jacob, 2010:10).
and irredentist claim on Kashmir. And
among insurgent groups to bring about
Sumantra Bose (2003) said that
the internal reforms and negotiations the Kashmir conflict has multiple
necessary for restoring peace and normalcy dimensions and is defined by a complex
(Ganguly, 2008:1-12). intersection of an international dispute
with sources of conflict, internal to the
C. Raja Mohan (2004) believes disputed territory, and its Indian and
that Kashmir conflict could be solved Pakistan controlled parts. Any approach
through the CBMs (Confidence Building to resolving this multi-layered conflict
Measures). India and Pakistan should must necessarily involve multiple, but

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connected mutually reinforcing, tracks Some of the obstacles and pitfalls,

or axes of engagement and dialogue which could be identified in conflict
(Bose, 2003:207). resolution process in Kashmir, are
According to Madhumita Srivastava as State policies, marginal role of
(2001:80), Kashmir conflict has always civil society, hard line and extremist
been a problem of ethnic identity groups, zero sum game approach,
Kashmiryat and its resolution may role of external elements, failure of
be found in upholding, rejuvenating, international community, and missed
and establishing the Kashmiryat in opportunities of peace, etc. The
an acceptable framework in the larger architecture for peace and conflict
freedom and political order. Meanwhile, resolution in Jammu and Kashmir,
Robert G. Wirsing says as follows: which has existed till now, ignored two
fundamental realities.
There must be a formal commitment by First, the participation of the people
India and Pakistan to the establishment
of Jammu and Kashmir in the process
of a joint commission on Jammu and
Kashmir responsible for the LOC’s of peace and conflict resolution. Second,
administration, liaison with UNMOCIP, adopting a flexible position on issues,
prevention of violations, over sights of such which have created a stalemate and
measures of demilitarization of LOC as impeded reaching a solution for a long
may be eventually agreed. By endorsing
such principles, India and Pakistan would
time. It primarily focused on either
be committing themselves to the creation maintaining or changing the territorial
of a permanent, internationally monitored, status quo without considering the basic
and routinely functioning instrument fact that political will, commitment,
for bilateral management of security
and seriousness exercised on their part
cooperation in Jammu and Kashmir.
Vital to the successful adoption and could have made things better, for not
implementation of the above principles is only the people of Jammu and Kashmir,
the formal and simultaneous commitment but also people of South Asia (Ahmad
by the five permanent members of the Wani, 2011).
UN Security Council to the suitably
empowered international agency, perhaps
Some of the major processes,
a revived United Nation Commission on which may be relevant to an alternate
India and Pakistan (UNCIP 11) responsible architecture for peace and conflict
for negotiating the terms of India and resolution process in Jammu and
Pakistani acceptance of these principles
Kashmir, are: (1) Process of dialogue
(Wirsing, 2003:10).
and process of constructive cooperation;
(2) Process of constructive settlements
Iftikhar H. Malik, a scholar of the
and process of protecting minority
Kashmir conflict, said as follows:
rights in Indian and Pakistan controlled
[...] the larger interest of the Kashmiris Jammu and Kashmir; (3) Process
must receive priority. For a long time, of regional autonomy in Indian and
rather than being the focal point, they were Pakistan controlled Jammu and
simply regarded as a side issue. Yet, it is Kashmir; (4) Process of healing wounds
the Kashmiris who, for generations, have
continued to suffer from decisions made
through compensation; (5) Process of
about them without consultation. In a socio-economic upliftment of people
conflict resolution process, the willingness of through better education, health,
the parties concerned to unleash the process employment, and other basic facilities,
of negotiations is the key. As long as there
process of mutual tolerance; (6) Process
is stubbornness and condition, attached in
order to be able to start negotiations, the of neutralizing hard line elements; (7)
prospects for a plausible resolution of any Process of creating a constituency of
conflict are remoter. The same requirement peace; (8) Process of creating awareness
applies in the case of Jammu and Kashmir about conflict resolution on problems
conflict (H. Malik, 1993:18).
and challenges; and (9) Creating an

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HILAL AHMAD WANI & ANDI SUWIRTA,
Understanding Kashmir Conflict

alternate architecture for conflict choice whether or not they wanted the
resolution process and methodology to Indian oppression to be replaced by a
unleash the processes (Ahmad Wani, future corporate oppression of the local
2011 and 2012). masses”, she said. Arundhati Roy, then,
Any viable process conflict resolution stressed as follows:
in Kashmir needs to take into account
the process mentioned above. Building Your struggle has increased the
consciousness in India about the
of trust is the key in order to secure
oppression you face, but you must decide
benefits of peace and cooperation. If the what type of society you have in mind once
parties in a conflict are unable to learn you are allowed to decide your future.
lessons from the dynamics of conflicts Attacking the Indian government for the
failures and successes, it becomes “oppression of the Kashmiri people” [...].
India has been using Kashmiris recruited
difficult to stabilize political, economic, in the army and paramilitary forces to
and security relations parties who are suppress the voices of dissent in the
in the process of resolving the conflict Northeast and vice versa (cited in http://
and commenting peace in the post www.greaterkashmir.com/news/2010/
oct/25/kashmir-not-india-s-integral-part-
conflict environment. Most important,
arundhati-36.asp, 20/5/2013).
the involvement of different segments of
society in India and Pakistan is essential
Besides Arundhati Roy, rights
for the success of conflict resolution
activist Gautam Naulakha and Delhi-
process in Kashmir while talking to
based trader unionist, Ashim Roy,
media persons in Lahore. Mirwaiz said
also strongly voiced their support for
as follows:
the freedom movement of the people
Now that the resolution of the Kashmir
of Kashmir. The fact stands without
dispute seems to have entered a decisive any doubt that the Kashmir problem
phase, the APHC would like to involve remains unresolved for the last five
political parties of the two countries to decades, which had extreme adverse
be part of the Pakistan-India composite
impact on India, Pakistan, and people
dialogue. APHC will hold talks with
political organizations on both sides of in both sides Kashmir. The political
the political divide to lend their support uncertainty and instability has trapped
to the dispute (cited in http://www. the people into a “political inferno” (cited
greaterkashmir.com/news/2010/oct/25/ in Bose, 2003).
kashmir-not-india-s-integral-part-
arundhati-36.asp, 20/5/2013).
One of its implications reflected
crudely in the rise of militancy in
An author-activist, Arundhati Roy, the Indian Kashmir in 1989. In the
criticizes “oppression”; meanwhile, context of recent developments in the
advocating the right to self- Indian Kashmir, the emphasis on the
determination for the people of Kashmir. traditional positions of India is that
According to her, on Sunday contended Kashmir’s accession to India in 1947
that in 1947, British imperialism is final and irrevocable, stands as
was replaced with Indian colonialism inseparable part of India. And traditional
which “continued to subjugate the position of Pakistan is that Kashmir
people of India”. Speaking at a seminar stands as unresolved/unfinished
titled “Whither Kashmir: Freedom agenda of the partition and has the
or Enslavement?”, Arundhati Roy only option to accede to Pakistan in
asked Kashmiris to ponder on the order to become an integral part of it,
type of society they have in mind for won’t help much in the resolution of
themselves. “Imperial colonialism is fast the problem at present. It is primarily
being replaced by corporate colonialism because of the recent developments in
and Kashmiris would have to make a the Indian Kashmir. In the changed

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conditions, both the countries have to (CBMs). All parties, communities,

be responsive, realistic, pragmatic, and and groups must participate in this
accommodative. In this perspective, the process without any condition. This
political efforts must be directed towards productive and purposeful dialogue
the establishment of peace (Ahmad may in all possibilities lead to the path
Wani, Suwirta & Fayeye, 2013). of solution to this complex problem.
Any internal or external and bilateral Thus, the Kashmir issue may become an
or multilateral solution of the Kashmir instrument for peace and development
problem must give due consideration to and not for conflict and destruction in
the following political realities. the entire region of South Asia (Ahmad
First, the State of Jammu and Wani, 2012).
Kashmir is characterized by the
multiplicity of religion, region, culture, CONCLUSION
language, and ethnicity. Second, the For the just and fair resolution of
demography of Jammu and Kashmir the Kashmir conflict, an alternate
reflects plurality of communities and architecture for peace is essential. The
groups at the state, regional, and question is: has the time for such an
district levels. Third, the solution of initiative arrived and if not then what
the Kashmir problem must be realistic, can be done to create conditions in
durable, and consensus based. In this this regard? Only through a process of
regard, while the governments of India purposeful dialogue can the Kashmiris,
and Pakistan must necessarily develop Indians, and Pakistanis ensure a better
consensus-based and representatives world for themselves and for the people
policies, the political parties and of South Asia.
leaders in Kashmir must present There is no other way to defeat the
representatives consensus-based and forces of darkness who have kept South
comprehensive political views and ideas. Asia’s poor and underdeveloped by not
Fourth, Kashmiris living in both sides abandoning the path of confrontation
of the Line of Actual Control must be and following the path of reconciliation
allowed to meet, interact, and live in and cooperation. If India wants to
together. The artificial wall of differences protect its integral part then India has
must be demolished as early as possible. to win the hearts of wounded masses
Fifth, the distinctiveness of Kashmir of Kashmir. By providing them, greater
and its people, irrespective of their autonomy and through addressing all
differences in religion, region, language, the problems of the people Kashmir.
and culture must be upheld sincerely India should have to control misuse of
and must reflect in the future political power and minimize Armed Forces.
and constitutional arrangement. Sixth, Armed Forces have so much power
the particularistic identities of all that they do not respect dignity of
minority, religious, linguistic, cultural, Kashmiris and violate the fundamental
and ethnic communities and groups rights of Kashmiris. India has to revoke
must be politically recognized and Armed Forces Special Powers Act and
constitutionally protected. other inhuman and draconian laws from
All parties directly involved in the Kashmir and ban all violation of human
problem may initiate the resolution of rights in Kashmir done by Armed
the Kashmir conflict in the preceding Forces. Above all, India should have to
thematic framework through the treat Kashmiri’s not like animals but
meaningful dialogues and other like humans; and provide full justice to
Confidence Building Measures all Kashmiris in all spheres of life.

191
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Understanding Kashmir Conflict

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