Unraveling the Kashmir Conflict: History to Present

Chonyi Lama, Staff Writer

November 28, 2021

Renowned for its scenic beauty consisting of lakes, wildlife, and snow-capped mountains, Kashmir is an ethnically diverse Himalayan region covering around 86,000 square miles. Located in the northernmost geographical region of the Indian subcontinent, Kashmir has also been a much-disputed territory between nuclear powers India, Pakistan, and China since 1947. 

The 1947 partition of India divided British India into two independent dominions: India and Pakistan. During this time, all but two newly independent states acceded to either one of these countries. The two exceptions were Hyderabad, ruled by its Nizam, and Kashmir, ruled by Maharajah Hari Singh. Because of their large size and prominence, these two states were hesitant to declare their independence or concede to another country - but in October 1947, Kashmir decided to join India, in return for protection against an invasion of tribesmen from Pakistan. 

In July 1949, India and Pakistan signed an agreement to establish a ceasefire line as recommended by the UN, and the Kashmir region became divided. Despite this resolution, India and Pakistan continued to engage in a multitude of armed conflicts that would eventually result in the second war in 1965 and the Kargil conflict in 1999. 

Today, India, Pakistan, and China lay claim to various parts of Kashmir. India controls Jammu and the Kashmir Valley, Ladakh, and the Siachen Glacier, while Pakistan controls Azad Kashmir and Gilgit-Baltistan. China administers the Demchok district, the Shaksgam Valley, and the Aksai Chin region, which it won in the Sino-Indian War against India in 1962. 

Indian-controlled Jammu and Kashmir, however, continues to be a source of hostility and conflict between India and its neighbor to the West, Pakistan. Since the late 1980s, the Muslim-majority region has been the site of a vicious conflict between Indian security forces and Muslim insurgents demanding independence or accession to Pakistan. India has long accused Pakistan of providing material support, arms, and training to the insurgency that has caused unrest in the region for decades, which Pakistan has continuously denied. 

Rather, Pakistan insists that under article 1(2) of the United Nations Charter, the Kashmiri people should have the right to self-determination; and under the terms of the resolution of 1949, adopted by the United Nations Commission for India and Pakistan, India must hold a plebiscite to ascertain the wishes of the Kashmiri people. India argues that Pakistan's espousal of Kashmir's cause by the use of armed force against the territorial integrity of India is in contravention of article 1(4) of the charter. India also maintains that the 1949 resolution calls for the withdrawal of Pakistani forces from, and the termination of Pakistan's illegal occupation of Indian territory as a precondition for  holding  a plebiscite. 

To India, governance over Jammu and Kashmir signifies success in India's self-proclaimed identity as a secular nationalist state despite being a Hindu-majority country. Jammu and Kashmir also holds immense value to Pakistan. As the largest Muslim state in South Asia, Pakistan believes that Kashmir belongs to an Islamic state such as itself. 

The acquisition of Jammu and Kashmir holds not only ideological significance to these two states, but geopolitical significance as well. Kashmir serves as a main source of water and power generation for both India and Pakistan. Therefore, administration over Jammu and Kashmir entails important decision-making power over access to such resources. 

Since 1989, there has been more than 50,000 deaths of civilians, state forces, and other armed groups in Jammu and Kashmir. A 2019 report by the Office of the UN High Commissioner for Human Rights (OHCHR), highlighted serious concerns about abuses by state security forces and armed groups in both Indian and Pakistan-held parts of Kashmir. It noted that Indian forces and armed insurgent groups have engaged in massive human rights violations which include extrajudicial killings, rape, torture, and enforced disappearances targeting civilians and members of opposing groups. More recently, the Indian government has been accused of introducing laws that restrict the rights of Kashmiris which has only intensified conflict. 

Today, Jammu and Kashmir is one of the most militarized zones in the world; and with no clear resolution in sight, armed conflict continues to devastate the region. The process of reaching a mutual agreement between India and Pakistan is not forthright, however, both states stand to benefit from re-engaging in a constructive and pragmatic negotiation process. Steps to demilitarize Jammu and Kashmir, specifically through the incremental withdrawal of troops from must be taken. Most importantly, the voices of Kashmiris themselves is essential in this pursuit of peace.