MILITANCY IN AND Insurgency In Jammu & Kashmir: History & Key Players

The Kashmir Issue is not just a border dispute between India and Pakistan. It has many dimensions – external and internal.

Was Kashmir an independent nation? Kashmir, and adjacent areas like Gilgit, Jammu, and Ladakh – were part of the different empires at different times. Over the years, this area was under the control of Hindu rulers, Muslim emperors, Sikhs, Afghans, and Britishers.

During the period before AD 1000, Kashmir was an important center of Buddhism and Hinduism. Many dynasties like Gonanditya, Karkota, Lohara ruled Kashmir and surrounding areas of North-western India.

The Hindu dynasty rule which extended until 1339 was replaced by the Muslim rule by who became the first Muslim ruler of Kashmir, inaugurating the Shah Mir dynasty. A few centuries later, the last independent ruler Yusuf Shah Chak was deposed by the Mughul emperor Akbar the Great.

Akbar conquered Kashmir in 1587, making it part of the Mughal Empire. Subsequently, the Mughal ruler Aurangzeb expanded the empire further.

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Thus, it can be seen that under the Mughal rule, which extended nearly all of the Indian subcontinent, Kashmir was an integral part of India – however, not an independent nation.

Kashmir Region – After Mughals Aurangzeb’s successors were weak rulers. Later Mughals failed to retain Kashmir. After Mughal rule, it passed to Afghan, Sikh, and Dogra rule.

In 1752, Kashmir was seized by the Afghan ruler Ahmed Shah Abdali. The Afghan Durrani Empire ruled Kasmir from the 1750s until 1819 when Sikhs, under Ranjit Singh, annexed Kashmir and ended the Muslim rule.

By the early 19th century, Sikhs under Maharaja Renjith Singh took control of Kashmir. He had earlier annexed Jammu. The Sikhs ruled Kashmir until they were defeated by the British (First Anglo-Sikh War) in 1846.

After that Kashmir became a princely state of the British Empire – under the Dogra Dynasty.

Jammu and Kashmir – as a princely state of the British Empire

Maharaja Gulab Singh of Dogra Dynasty signed the ‘Treaty of Amritsar’ with the British East India Company in 1846. Under this treaty, he paid Rs. 75 lakhs to the East India Company in www.pragnyaias.com 7288081111

1846 in exchange for Kashmir and some other areas. Jammu and Kashmir as a single entity was unified and founded (1846).

Zorawar Singh, a General in the Dogra Anny later led many campaigns in the northern areas like Ladakh, Baltistan, Gilgit, Hunza and Yagistan, consolidating smaller principalities. He expanded the dominions of Maharaja Gulab Singh.

However, Jammu and Kashmir, from 1846 until 1947, remained a princely state ruled by Jamwal Rajput Dogra Dynasty. Like all other princely states in India then, Kashmir too enjoyed only a partial autonomy, as the real control was with the British.

The ruler’s stand (at the time of Partition) During the time of partition of British India (1947), Jammu and Kashmir (J&K) was a Princely State. Britishers had given all princely states choice – either to join India or to join Pakistan or even to remain independent.

The ruler of Kashmir during that time (1947) was Maharaja Hari Singh, the great-grandson of Maharaja Gulab Singh. He was a Hindu who ruled over a majority-Muslim princely state.

He did not want to merge with India or Pakistan.

Hari Singh tried to negotiate with India and Pakistan to have an independent status for his state. He offered a proposal of Standstill Agreement to both the Dominion, pending a final decision on State’s accession. On August 12, 1947, the Prime Minister of Jammu and Kashmir sent identical communications to the Government of India and Pakistan.

Pakistan accepted the offer and sent a communication to J&K Prime Minister on August 15, 1947. It read, “The Government of Pakistan agrees to have Standstill Agreement with Jammu and Kashmir for the continuation of existing arrangements …”

India advised the Maharaja to send his authorized representative to Delhi for further discussion on the offer.

What were Kashmiri people’s aspiration in 1947? Kashmiri people took part extensively in the Indian Nationalist Movement. They not only wanted to get rid of the British rule but also never wanted to be under the rule of the Dogra dynasty once the nationalist movement achieves its mission. The Kashmiris had preferred democracy to monarchy.

Jammu and Kashmir was always a secular state – with a history of Hindu, Muslim, and Sikh rule. Even though the majority population was Muslims, it then had a significant Hindu population as well.

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India in 1947 had suggested conducting a plebiscite to know the aspirations of Kashmiri people. With tall leaders of Jammu and Kashmir like Sheik Abdullah on its side, cherishing the common values – secularism, democracy, and pan-India nationalism – India was confident to win the Plebiscite if it was held in 1947.

India’s stand with Junagadh, another princely state, was also to conduct a plebiscite. In 1947, upon the independence and partition of India, the last Muslim ruler of the Junagadh state, Muhammad Mahabat Khanji III, decided to merge Junagadh into the newly formed Pakistan. The majority of the population were Hindus. The conflict led to many revolts and also a plebiscite, resulting in the integration of Junagadh into India.

However, the Pakistan attack on Kashmir in October 1947 changed all dynamics. The exact aspirations of Kashmiri People at that time is still unknown – as a plebiscite or referendum was never held.

The Pakistan Invasion of Kashmir in 1947

Pakistan, though entered into Standstill Agreement with Jammu and Kashmir, had an eye on it. It broke the Standstill Agreement by sponsoring a tribal militant attack in Kashmir on October 1947.

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Pashtun raiders from Pakistan invaded Kashmir in October 1947 and took control over a large area. Hari Singh appealed to the Governor General of free-India, Lord Mountbatten for assistance.

India assured help on condition Hari Singh should sign the Instrument of Accession. Maharaja Hari Singh signed the instrument of accession with India (1947). It was also agreed that once the situation normalised, the views of the people of J&K will be ascertained about their future.

Jammu and Kashmir sign the Instrument of Accession with India

The Maharaja Hari Singh signed Instrument of Accession to India on 26 October 1947 in .

As soon as the accession documents were signed, the Indian Armed Force took over the stage to repulse Pakistan-supported tribal assault.

Indian and Pakistani forces thus fought their first war over Kashmir in 1947-48.

India successfully droves out most of the Pak-supported tribal militants from Kashmir occupation. However, one part of the State came under Pakistani control. India claims that this area is under illegal occupation. Pakistan describes this area as ‘Azad Kashmir’. India however,

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does not recognize this term. India uses the term Pak occupied Kashmir (PoK) for the area of Kashmir under the control of Pakistan.

India brings the United Nations (UN) into the picture India referred the dispute to the United Nations Security Council on 1 January 1948. Following the set-up of the United Nations Commission for India and Pakistan (UNCIP), the UN Security Council passed Resolution 47 on 21 April 1948.

The UN Resolution was non-binding on India and Pakistan. However, this is what the UN resolution mentioned:

UN Resolution on Jammu and Kashmir The UN resolutions clearly said:

• Pakistan is the aggressor in the state. • Pakistan has to vacate all occupied territory in state and handover the vacated territory to India. • India has to remove all its forces leaving aside enough to maintain law and order. • India to conduct a plebiscite in the state.

Why no Plebiscite or Referendum was held in Kashmir yet?

• The state of Jammu and Kashmir is defined as it existed on or before the invasion of Pakistan on 22nd October 1947. This includes the present territory of Pak occupied Kashmir (POK), Gilgit, Baltistan, Jammu, Laddhak and . • Pakistan asked for time to vacate its occupation but it never complied. • As nearly one-third of the state of Jammu and Kashmir is still under the occupation of Pakistan, it is a noncompliance of conditions leading to the plebiscite. Sheikh Abdullah’s movement – Formal incorporation of Kashmir into the Indian Union Kashmir’s first political party, the Muslim Conference, was formed in 1925, with Sheikh Abdullah as president. Later, in 1938, it was renamed as National Conference. The National Conference was a secular organisation and had a long association with the Congress. Sheikh Abdullah was a personal friend of some of the leading nationalist leaders including Nehru. National Conference started a popular movement to get rid of the Maharaja. Sheikh Abdullah was the leader. After the Maharaja Hari Singh signed an ‘Instrument of Accession’ with the Government of India, Sheikh Abdullah took over as the Prime Minister of the State of J&K (the head of the government in the State was then called Prime Minister) in March 1948. Sheikh Abdullah was against Jammu and Kashmir joining Pakistan. However, he took a pro- referendum stance and delayed the formal accession to India. The pro-Indian authorities dismissed the state government and arrested Prime Minister Sheikh Abdullah.

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The new Jammu and Kashmir government ratified the accession to India. In 1957, Kashmir was formally incorporated into the Indian Union.

Kashmir Issue – External Disputes

Externally, ever since 1947, Kashmir remained a major issue of conflict between India and Pakistan (and between India and China to a minor extent). Pakistan has always claimed that Kashmir valley should be part of Pakistan. The conflict resulted in 3 main wars between India and Pakistan – 1947, 1965, and 1971. A war-like situation erupted in 1998 as well (Kargil war). Pakistan was not only the illegal occupant of the Kashmir region. China too started claiming parts of the princely state of Jammu and Kashmir. By the 1950s, China started to gradually occupy the eastern Kashmir (Aksai Chin). In 1962, India fought a war with China over its encroachments, however, China defeated India. To make matters worse, Pakistan ceded the Trans- Tract of Kashmir (Saksham valley) to China.

Kashmir Issue – Internal Disputes

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Internally, there is a dispute about the status of Kashmir within the Indian union.

Kashmir was given autonomy and a special status by article 370 in the Indian Constitution. Articles like 370, 371, 35A etc are connected with privileges given to Jammu and Kashmir.

WHAT IS THE SPECIAL STATUS GIVEN TO JAMMU AND KASHMIR? • Article 370 gives greater autonomy to Jammu and Kashmir compared to the other States of India. • The State has its own Constitution. • All provisions of the Indian Constitution are not applicable to the State. • Laws passed by the Parliament apply to J&K only if the State agrees. • Non-Kashmiri Indians cannot buy property in Kashmir. This special status has provoked two opposite reactions. A SECTION FEELS THAT ARTICLE 370 IS NOT NEEDED! There is a section of people outside of J&K that believes that the special status of the State conferred by Article 370 does not allow full integration of the State with India. This section feels that Article 370 should, therefore, be revoked and J&K should be like any other State in India.

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ANOTHER SECTION FEELS THAT ARTICLE 370 IS NOT ENOUGH! Another section, mostly Kashmiris, believe that the autonomy conferred by Article 370 is not enough.

MAJOR GRIEVANCES OF KASHMIRIS: Kashmiris have expressed at least three major grievances.

• First, the promise that Accession would be referred to the people of the State after the situation created by tribal invasion was normalised, has not been fulfilled. They demand a ‘Plebiscite’ at the earliest. • Secondly, there is a feeling that the special federal status guaranteed by Article 370, has been eroded in practice. This has led to the demand for restoration of autonomy or ‘Greater State Autonomy’. • Thirdly, it is felt that democracy which is practised in the rest of India has not been similarly institutionalised in the State of Jammu and Kashmir.

Politics since 1948 – Conflict between the Kashmir State Government and the Central Government of India After taking over as the Prime Minister, Sheikh Abdullah initiated major land reforms and other policies which benefited ordinary people. But there was a growing difference between him and the central government about his position on Kashmir’s status. He was dismissed in 1953 and kept in detention for a number of years.

The leadership that succeeded him did not enjoy as much popular support and was able to rule the State mainly due to the support of the Centre. There were serious allegations of malpractices and rigging in various elections.

During most of the period between 1953 and 1974, the Congress party exercised a lot of influence on the politics of the State. A truncated National Conference (minus Sheikh Abdullah) remained in power with the active support of Congress for some time but later it merged with the Congress.

Thus the Congress gained direct control over the government in the State.

In the meanwhile, there were several attempts to reach an agreement between Sheikh Abdullah and the Government of India.

Finally, in 1974 Indira Gandhi reached an agreement with Sheikh Abdullah and he became the Chief Minister of the State.

The revival of National Conference (1977) He revived the National Conference which was elected with a majority in the assembly elections held in 1977. www.pragnyaias.com 7288081111

Sheikh Abdullah died in 1982 and the leadership of the National Conference went to his son, Farooq Abdullah, who became the Chief Minister.

But he was soon dismissed by the Governor and a breakaway faction of the National Conference came to power for a brief period.

The dismissal of Farooq Abdullah’s government due to the intervention of the Centre generated a feeling of resentment in Kashmir. The confidence that Kashmiris had developed in the democratic processes after the accord between Indira Gandhi and Sheikh Abdullah, received a setback.

The feeling that the Centre was intervening in politics of the State was further strengthened when the National Conference in 1986 agreed to have an electoral alliance with the Congress, the ruling party in the Centre.

1987 Assembly Elections, Political Crisis, and Insurgency It was in this environment that the 1987 Assembly election took place. The official results showed a massive victory for the National Conference-Congress alliance and Farooq Abdullah returned as Chief Minister.

But it was widely believed that the results did not reflect the popular choice and that the entire election process was rigged.

A popular resentment had already been brewing in the State against the inefficient administration since the early 1980s. This was now augmented by the commonly prevailing feeling that democratic processes were being undermined at the behest of the Centre. This generated a political crisis in Kashmir which became severe with the rise of the insurgency.

By 1989, the State had come in the grip of a militant movement mobilised around the cause of a separate Kashmiri nation.

The insurgents got moral, material and military support from Pakistan. The balance of influence had decisively tilted in Pakistan’s favour by the late 1980s, with people’s sympathy no longer with the Indian union as it had been in 1947-48, 1965 or 1971.

The terrorists and militants drove out almost all the Hindus from the Kashmir valley, ensuring that a future plebiscite (if it happens) will be meaningless.

India imposed the Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir by 1990.

For a number of years, the State was under President’s rule and effectively under the control of the armed forces. Throughout the period from 1990, Jammu and Kashmir experienced violence at the hands of the insurgents and through army action.

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1990 and beyond – Growing Trust Deficit After 1987, the pro-India sentiments of Kashmiri people got tilted heavily towards Kashmiri Separatism. Pakistan, of course, added fuel to the fire – by giving moral and financial support to terrorists, militants, and insurgents. As a result, Kashmir frequently witnessed violence, curfew, stone-pelting, and firing between the troops of India and Pakistan across Line of Control (LoC).

Thousands of soldiers, civilians, and militants have been killed in the uprising and the Indian crackdown since 1989.

Even though state elections are conducted, Kashmir has not returned to the normalcy before 1987.

Assembly elections in the State were held only in 1996 in which the National Conference led by Farooq Abdullah came to power with a demand for regional autonomy for Jammu and Kashmir.

J&K experienced a very fair election in 2002. The National Conference failed to win a majority and was replaced by the People’s Democratic Party (PDP) and Congress coalition government.

In 2015, India’s ruling BJP party is sworn into government in Indian-administered Kashmir for the first time in coalition with local People’s Democratic Party, with the latter’s Mufti Mohammad Sayeed as chief minister (followed by Mehbooba Mufti because of the death of her father and party founder). However, this coalition didn’t last for long.

Even though the Government of India is taking many steps to stop the insurgency and bring Kashmir back to normalcy, the terrorist attacks like that in has seriously hindered the peace process.

The Current Stand of India – Regarding Kashmir Question

• No more mediation with the UN or any other other third parties. • India and Pakistan should resolve issues through bilateral talks as agreed by the Simla Agreement. • No Plebiscite in Kashmir unless Pakistan reverses the situation back to what was in1947 (territory and demographics).

Who are the Kashmir Separatists?

• All Parties Hurriyat Conference • Jammu Kashmir Liberation Front • Harkat-ul-Jihad al-Islami • Lashkar-e-Taiba • Jaish-e-Mohammed • Hizbul Mujahideen • Harkat-ul-Mujahideen www.pragnyaias.com 7288081111

• Al-Badr • Ansar Ghazwat-ul-Hind Flag.png Ansar Ghazwat-ul-Hind (Since 2017)

What do Separatist’s demand? Separatist politics which surfaced in Kashmir from 1989 has taken different forms and is made up of various strands.

• There is one strand of separatists who want a separate Kashmiri nation, independent of India and Pakistan. • Then there are groups that want Kashmir to merge with Pakistan. • Besides these, there is a third strand which wants greater autonomy for the people of the state within the Indian union.

Demand for intra-state autonomy

Even though the name of the state is Jammu and Kashmir (J&K), it comprises three social and political regions: Jammu, Kashmir and Ladakh.

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• Jammu – The Jammu region is a mix of foothills and plains, of Hindus, Muslims and Sikhs and speakers of various languages. • Kashmir – Kashmir Valley is the heart of the Kashmir region. The people are Kashmiri speaking and are mostly Muslims. There is also a small Kashmiri speaking Hindu minority. • Ladakh – The Ladakh region is mountainous, has a very little population which is equally divided between Buddhists and Muslims. Ladakh is divided into two main regions – Leh and Kargil.

It should also be noted that out of the 3 main administrative divisions – Jammu, Kashmir, and Ladakh – insurgency and demand for independence are high only in the Kashmir Valley. Most of the people in Jammu and Ladakh still wish to be part of India, even though they demand autonomy in a different way. They often complain of neglect and backwardness. The demand intra-State autonomy is as strong as the demand for State autonomy in regions of Jammu and Ladakh.

Article 370: Changes made via Presidential order of 2019 On 5 August 2019, Home Minister Amit Shah announced in the Rajya Sabha (upper house of the Indian Parliament) that the President of India had issued The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) under Article 370, superseding the Constitution (Application to Jammu and Kashmir) Order, 1954.

The order stated that all the provisions of the Indian Constitution applied to Jammu and Kashmir.

While the 1954 order specified that only some articles of the Indian constitution to apply to the state, the new order removed all such restrictions.

This in effect meant that the separate Constitution of Jammu and Kashmir stood abrogated.

The President issued the order with the “concurrence of the Government of State of Jammu and Kashmir”, which apparently meant the Governor appointed by the Union government.

Change of status: Jammu and Kashmir Reorganisation Act, 2019

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After the Government of India repealed the special status accorded to Jammu and Kashmir under Article 370 of the Indian constitution in 2019, the Parliament of India passed the Jammu and Kashmir Reorganisation Act, which contained provisions that dissolved the state and reorganised it into two union territories – Jammu and Kashmir in the west and Ladakh in the east.

The two union territories came into existence on 31 October 2019, which was celebrated as National Unity Day.

The union territory of Jammu and Kashmir was proposed to have a legislature under the bill whereas the union territory of Ladakh is proposed to not have one.

Urge for Peace The initial period of popular support to militancy has now given way to the urge for peace.

The Centre has started negotiations with various separatist groups. Instead of demanding a separate nation, most of the separatists in the dialogue are trying to re-negotiate a relationship of the State with India.

Conclusion The Kashmir issue – has multiple dimensions – external and internal; inter-state as well as intra- state. Not even the separatists are on the same ground – their demands are different.

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The princely state of Jammu and Kashmir which was under the control of British India – is now not entirely with India. Pakistan and China too now occupy a significant portion of the territories of the erstwhile princely state.

Of course, the Kashmir problem also includes the issue of Kashmiri identity known as . However, almost every state in India has its own identity – Tamil Nadu, Karnataka, West Bengal or Kerala. However, the people in each of these states even when seeing themselves as Tamilians, Kannadagans, Bengalis or Malayalis are also able to see the bigger picture – they identify themselves as Indians.

Jammu and Kashmir is one of the living examples of plural society and politics. Not only are there diversities of all kind (religious, cultural, linguistic, ethnic, tribal) but there are also divergent political aspirations.

Unfortunately, from the perspective of the youth of Kashmir, there is a growing trust-deficit. It’s a hard reality that Jammu and Kashmir never functioned like other Indian states since its accession to India. It had given higher autonomy initially, however it got eroded in practice.

The first step to solve the Kashmir issue is to identify the problems behind the alienation of Kashmir. Here are some of them:

• Mishandling of the Kashmir Issue by the successive Central governments of India – which includes frequent dismissal of State Assemblies. • The state governments of Kashmir failed to distribute the benefits of growth and development to every area of the Kashmir. • The terrorist and military outfits in Pakistan have been distancing the youth of Kashmir from the democratic form of the Indian government. • The regular presence of the Indian Armed Force or CAPF in the Kashmir interiors, and the misuse of provisions like ASFPA.

To find a solution to Kashmir issue – all stakeholders should be considered.

What is the need of the hour is proper integration of Kashmir, Jammu, and Ladakh with India. Integration should not be seen in a limited dimension of territory. India should be able to win the heart of the people of Kashmir.

Only time can tell about the success of the changes made with respect to the provisions of Article 370.

Kashmir was and still is an integral part of India. It has a plural and secular culture – just like the rest of India. Urgent steps should be taken to bridge the gaps of trust deficit in the minds of Kashmiri youth. All Kashmiris should get the due share in the growth story of India. Like all other states in India, there should be adequate political autonomy in Jammu and Kashmir.

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MILITANCY IN JAMMU AND KASHMIR Background:

• After the death of Maharaja Ranjit Singh and defeat of the Sikhs, Treaty of Lahore was signed. • The treaty was signed by Governor-General Sir Henry Harding on behalf of East India Company. • Treaty handed over the territory of the Kashmir to Gulab Singh, since then Kashmir was ruled by the Dogra dynasty.

With coming of Independence:

• Nearly 77 percent Muslim population ruled by the Hindu king Maharaja Hari Singh. • Pluralism and culturally diversity are the hallmark of state. • Main regions of state: • North part of hill region is dominated by Sunni Muslims. • Plains of Jammu dominated by Hindu. • Hilly region of Ladakh was dominated by the Buddhist and some Shia Muslims. • Region of Gilgit and Baltistan is geo-politically important location shares border with Afghanistan and China slightly populated with Shia Muslims. • Sikh can be seen in Jammu as well Kashmir region of the state.

Accession of Jammu and Kashmir:

• At the time of partition of India and the political integration of India, Hari Singh, the ruler of the state delayed making a decision about the future of his state. Thus, he decided to remain independent by not joint either Pakistan or India. • However, an uprising in the western districts of the state followed by an attack by the raiders from neighboring Northwest Frontier Province, supported by Pakistan, forced the Ruler to change his stand. • On October 26, 1947, Hari Singh acceded to India in return for Indian military being airlifted to Kashmir to engage the Pakistan-supported forces. • As per Instrument of Accession the subjects like Defence, Foreign Affairs, Finance and communication were given to Indian parliament and rest of the laws need concurrence of state government. • After the accession troops of Pakistan were expelled out of the valley by the Indian Troops except the area which is known as Pakistan occupied Kashmir in India and Azad Kashmir in Pakistan.

State assembly of Jammu and Kashmir:

• In 1951 constituent assembly of Jammu and Kashmir convened and the assembly reaffirmed the Accession of the state to India and also prepared the constitution of the state. • The constitution of Jammu and Kashmir states that “the state is and shall be an integral part of the Union of India”.

Kashmir and the United Nation:

• Mountbatten suggested the Government of India to refer the Kashmir problem to the United Nation. UN Intervention in the Kashmir led to ceasefire agreement between the India and Pakistan. • The ceasefire Line established in known as the Line of Control (LOC). • A UN Military Observer Group in Indian and Pakistan continues to report the violation of ceasefire. • UN also passed a resolution for a referendum under the supervision of UN after the Pakistan had withdrawn its troops from the Kashmir which is under their control but till today referendum is not happened as Pakistan has refused to withdraw their troops from POK. • Since the accession of Kashmir to India, the tension continues between both countries have not died down and this tension resulted in underdevelopment in the region along with instability.

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Kashmir as a battleground of proxy war:

• Since the beginning, Pakistan tried to destabilize the Jammu and Kashmir region by direct military confrontation. Pakistan had suffered heavy losses in every war whether it is 1947, 1965 or 1971. In 1971 war Pakistan was humiliated as Eastern Pakistan was made separate nation where India played major role. • After all these military confrontations Pakistan realized that direct military confrontation with India would be counter-productive. • Pakistan resorted to the tactics of low intensity war and started the separatist and militant insurgency in Kashmir in the late 1980s in the name of Jihad. • Existence of dis-satisfied group of Kashmiri’s named Jammu and Kashmir Liberation Front (JKLF) was used by Pakistan for insurgency. Yasin Malik was a leader of JKLF who organized militancy in Kashmir and demanded the independence of the Jammu and Kashmir but later on Yasin Malik denounced the path of violence and believed in peace talk to resolve the dispute. • But with the help of Pakistan intelligence agency ISI infiltration through the border led to establishment of new terrorist organization in the valley such as Hizbul Mujahedeen, Lashkar-e- taiba, Jaish-e-Mohammed Harkart-ul-Jehad-e-islami (Huji), etc. • Establishment of these terrorist organizations in the valley resulted ethnic cleansing which forced many Kashmiri Pandits to leave the valley and this resulted in demographic change in the valley. • Pakistan’s direct or indirect involvement in the funding and training of terrorist organizations in the Jammu and Kashmir region became major external security threat for India. • Along with role of external player i.e. Pakistan the Indian government failed to fulfill the aspirations of local people, lack of development, militarization of the region, disputed state election of 1987 fuelled the militancy in the valley which forced some of state legislative members forming armed insurgent groups. • So, the Kashmir’s present situation is due to both the factors i.e. (internal and external). Lack of development, lack of education and unemployment has made Kashmiri youth easy prey for terrorists’ groups. The youth protest during Afzal Guru’s execution, sympathy rally for terrorist Burhan Wani shows how deep the radicalization has reached in Kashmir region.

Adoption of irregular warfare in Kashmir by the ISI:

• Irregular warfare consists of tribal warfare, small wars, and low intensity war. This aimed to psychological destruction. • The results which cannot be achieved by direct war can be shaped by the low intensity war. • In Kashmir we can clearly see the low intensity war front in the form of armed revolt, Guerrilla warfare, political revolution and war for independence became means of irregular warfare.

Mechanism used for proxy war in Jammu and Kashmir:

• Propaganda and various malicious campaigns to brainwash the people of valley and create trust deficit towards India. • Infiltration of terrorists from across the border and affect the ongoing developmental works in the valley. • Use of information technology in training and recruitment of the terrorists. • Internationalize the issue of Kashmir at the forums like UN and create an image of India as biased towards a particular religion. • Use of locals for intelligence sharing. The locals have become eyes and ears of terrorist groups. They provide sensitive information about military installations; base stations and they even provide shelter to these groups. • As the Pakistan’s role in international forums is diminishing, India has strengthened its relations with foreign countries like USA, France, Israel, Germany, Japan, Australia and even Saudi Arabia and UAE. To avoid collective backlash from these countries, Pakistan has diverted its terrorist attacks on Indian military bases. This can be seen from recent attacks in Pathankot, Uri or attack on military convoys. As the security preparedness of India is strengthened during last few years, attack on military bases to weaken the security system has become new tactic of Pakistan to bleed India with thousand cuts.

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Kashmir And Human Right Issue

• Indian armed forces are regularly accused for human right violation in the valley by various international organisation like Human Right Watch and Amnesty International. • Human right violation in the form of – • Extra-judicial executions • Disappearance • Torture • Lack of freedom of speech and expression. • Illegal detention under National Security Act. • Indiscriminate use of pellet guns. • Illegal use of powers under AFSPA. Reach Of Terrorism In Kashmir

• The unrest in the valley after the encounter of Hizbul Mujahideen commander Burhan Muzaffar Wani . • Mourn by 2,00,000 people during his funeral process. • Violent protest started in the valley • Shutdown of Kashmir was called by the separatist leaders. • Police station and security force personnel were targeted by the mob. • Then prime minister of Pakistan called Burhan Wani “martyr”.

All these shows how deep is the root of terrorism in Kashmir. Glorifying terrorism and such level of mass support forced central government to rethink on its Kashmir strategy. Main tactics used by Pakistan is crowd mobilization, defame Indian security forces and internationalise the Kashmir issue.

Shift In Strategy Against The Militancy In The Kashmir

• Operation All-out- it is an anti-Militancy operation launched by the government to establish peace in the valley. In this various terrorist were shortlisted and their information and location were given to the security forces in order to flush them out of Kashmir. • After the attack of February 14, 2019 in which more than 40 CRPF soldiers lost their lives in the suicide bomb attack from terror group of jaish-e-mohammed. • In wake up of this attack Indian Airforce launched a non-military preemptive attack after getting information about the terrorist camp in region of Balakot. In this attack many terrorist camps were destroyed. • This policy of counter attack at such a large level would act as deterrence for terrorists. Other issues like rehabilitation and resettlement of Kashmir pandits and referendum in the valley

• The UN mediated referendum was supposed to happen immediately after the Pakistan’s attack on India in 1947. But the referendum was never happened as Pakistan never withdrawn its troops from Kashmir region. • Since the demography of Jammu and Kashmir has changed over the years and considering the radicalized youth in the region referendum would not be a viable solution, at least in a near future. • Three decades are passed since the exodus of Kashmiri Pandits from the region. They are made live like refugees in their own country. Their resettlement in the region will become possible only when the region rips the fruits of development and security scenario becomes peaceful.

Issue of human shield

• In 2017, a person tied to a bonnet of jeep and used as a shield against stone pelters. This event was criticised by human right activists all over the world. • Amnesty International described it as inhuman act and amounting to torture and according to Geneva Convention it is war crime.

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• There are points in support and against over using human shield:

In favour- · Using human shield bloodshed can be avoided and unnecessary use of violence can be avoided. · Life of Jawans and unnecessary sacrifices can be avoided.

· Violence of human right and image of army also suffered due to the act. Against- · In fighting militancy or any internal security problem state cannot deny the fundamental right of people.

Security forces can use more humanitarian methods which are more balanced in justice and fairness. Use of pellet gun:

• Tear gas, Water cannon, Pepper, pellet guns are common examples of non-lethal crowd control method used by police and army. • Pellet guns are made to injure individual. They are effective over a short range of 500 yards but it can be lethal when fired from very short range and can hurt sensitive parts very badly. • Human right activists are against the use of pellet guns over the crowd so, less harmful method should be deployed.

TNSV Prasad committee report over the use of the pellet guns:

• MHA formed committee over the use of pellet guns here are important recommendation: • Pellet guns should be used in rarest of the rare case. • Instead of pellet guns use other non-lethal methods of crowd control like chilli grenade shell, tear gas etc • Centre in response of Supreme Court order in which C order to consider more effective measures the government asked security forces to use Plastic bullet.

Status of Stone pelting in the valley:

• It is crowd mobilization method of ISI and supported by the Hurriyat. • The incidents of stone pelting were at peak during the 2016-17 after the actions taken by the NIA against Hurriyat leader had brought down the event of stone pelting.

Issue of AFSPA (Covered in separate chapter)

• AFSPA confers special powers to the armed personnel including unwarranted arrest and search in disturbed areas. • This is also controversial in the nature. Various Initiatives and scheme by the government of India The government wants to use development as tool against the militancy in Kashmir for that it launched several initiatives:

• UDAAN was started with an aim to providing skill to the youth of valley. • PM’s development package for J&K: under this government focused over creating the new avenues of employment and better infrastructure in transportation, health, renewable energy, tourism etc. • Creating institute like AIIMS, IIT, and IIM construction of tunnel to reduce time lost in travelling. • Focus over developing new rail links. • Project Himayat: capacity building and employment of youth. • Project Sadhbhavana: of Indian army helping the youth in shaping their dream. • Project Umeed: for empowerment of women.

Present situation of Jammu and Kashmir

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• The articles which provide special status to the state of Jammu and Kashmir were revoked by presidential order. It abrogated the article 370 and 35A. • Now the constitution of India is applicable to the state of Jammu and Kashmir. • Reorganization of the state of Jammu and Kashmir into two separate union territories of Jammu and Kashmir (with legislature) and Ladakh without legislature. • (Note: For special provision refer the polity workbook)

Conflict over Siachen

• Siachen is a glacier lies in the Karakoram Range there was a military conflict between the Indian and Pakistan after that ceasefire line is established. • In 1984 India started “Operation Meghdoot” to free it from Pakistani force. It is highest battle ground of the world. • Siachen is region which is always in the news due to death of armed personnel due to harsh weather climate. • Technology should be deployed in order to bring causality and guarding the borders properly. • Note: Issue of Aksai chin is discussed in the chapter of border security. • So, a comprehensive policy is need of hour which can bridge the trust deficit in people toward the government.

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