Jammu - Kashmir Facts Problems and Solution


Published on

  • Be the first to comment

Jammu - Kashmir Facts Problems and Solution

  1. 1. National Workshop on Jammu-KashmirFacts, Problems and Solution 19-20 November 2011 Smriti Mandir, Nagpur Jammu-Kashmir Study Centre
  2. 2. Introduction: Jammu and Kashmir A lot of misconceptions created region of widely varying people anddeliberately by vested interests have geography. In the south, Jammu is abecome firm beliefs. That is the greatest transition zone from the Indian plainstragedy Kashmir is facing and is the root to the Himalaya. Nature has lavishlycause of the most issues related to the endowed Kashmir with certaintrouble torn state. distinctive favours which hardly find a First casualty is the myth that parallel in any alpine land of the world.Kashmir means Jammu & Kashmir. In It is the land of snow clad mountainsfact, Kashmir is just 7.13% area of the that share a common boundary withstate of Jammu & Kashmir as it existed Afghanistan, China and Pakistan;and acceded to The Dominion of India Jammu and Kashmir is theon 26th October 1947. It is only 15.63% of northernmost state of the Indian Union.the area that continues to be within Known for its extravagant naturalIndian administration. So we need to be beauty this land formed a majorvery careful when we talk of Kashmir caravan route in the ancient times.issue. Trade relations through these Second impression that has been routes between China and Central Asiaaccepted as a fact is that J&K is a Muslim made it a land in-habited by variousstate. No, it is not. It certainly is the religious and cultural groups. It wasMuslim majority state but Muslims are during the reign of Kashyapa that thein Majority in only one province. Both various groups led a settled life.Laddakh and Jammu divisions are Buddhism influenced Kashmir duringBuddhist and Hindu majority areas the rule of Ashoka and the present townrespectively. Third is the misconception of Srinagar was founded by him. Thisabout the Muslim population of place was earlier called Srinagari orKashmir valley. We are being asked to Purandhisthan. The Brahmins whobelieve that the majority community is a inhabited these areas admired andhomogenous entity. Its also not true. adorned Buddhism too. From theKashmiri Muslim community is as regions of Kashmir Buddhism spreadheterogeneous and divided or united as of Ladakh, Tibet, Central Asia andany other community in rest of the China. The state consists of followingcountry with sharp divisions leading to main regions.bloody conflicts at times. The state of Jammu & Kashmir is a01 Jammu-Kashmir : Facts, Problems and Solution
  3. 3. Many historians and locals believe Jammu that Jammu was founded by Raja Jambu Lochan in the 14th century BC. Jambu Jammu is one of the administrative Lochan was the brother of Raja Bahudivisions within Jammu and Kashmir Lochan who constructed a fort on thestate in India. Jammu city is the largest bank of river Tawi. Bahu Fort is acity in Jammu and the winter capital of historical place in Jammu.Jammu and Kashmir. Jammu City is also The city name figures in the ancientknown as "City of Temples" as it has book Mahabharata. Excavation nearmany temples and shrines, with Akhnoor, 20 miles (32 km) from Jammuglittering shikhars soaring into the sky, city, provides evidence that Jammu wascreating the ambiance of a holy and once part of the Harappan civilization.peaceful Hindu city. Remains from the Maurya, Home to some of the most popular Kushan, Kushanshahs and GuptaHindu shrines, Jammu is a pilgrimage periods have also been found in Jammu.tourism destination in India. The town of Jammu is also mentioned in accounts ofKatra, which is close to Jammu, contains the campaigns of Timur.the Vaishno Devi shrine. Nestling on top Jammu came under the control ofof the Trikuta Hills at a height of 1700 m is Maharaja Ranjit Singh in the 19 centurythe sacred cave of Vaishno Devi shrines and became a part of the Sikh Empire.dedicated to the three forms of the Maharaja Ranjit Singh appointed Rajamother goddess- Mahalakshmi, Gulab Singh the ruler of Jammu in 1820.Mahakali and Mahasarasvati. Pilgrims After the death of Maharaja Ranjit Singh,start trekking to the cave temple, which is Punjab, The Sikh Empire was defeated13 km from Katra. The majority of by the British.Jammus about 6 million population Not having the resources to occupypractices Hinduism, while Islam and the hills immediately after annexingSikhism enjoy a strong cultural heritage parts of Punjab, the British recognizedin the region. Due to relatively better Maharaja Gulab Singh, the strongestinfrastructure, Jammu has emerged as ruler north of the Sutlej River, as ruler ofthe main economic centre of the state. Jammu and Kashmir. After the Treaty of The Shivalik Range comprises most Amritsar, the Maharaja became theof the region of Jammu. The Pir Panjal vassal of the Sikh Empire and was partlyRange, the Trikuta Hills and the low- responsible for its treaty obligations.lying Tawi River basin add to beauty and Maharaja Gulab Singh is thus credited asdiversity to the terrain of Jammu. The Pir the founder of Jammu and Kashmir.Panjal range separates Jammu from the Thus the two areas of Kashmir andKashmir valley. Jammu were integrated into a singleJammu-Kashmir : Facts, Problems and Solution 02
  4. 4. political unit. The reign of Ranavir Singh(ascended in 1857) witnessed a great Kashmiramount of enthuiasm for Sanskrit.Sivasankara compiled the DharmasastraDigest, Vasudeva wrotethe Amongst the oldest chronicles in theChittapradipa amongst others. The king world is the Rajatarangini. It is theappears as the sponsor of no less than history of Kashmir, written in verse; bythirty two branches of Sanskrit literature. Kalhana in 1149-50 a.d. this book is Jammu is the only region in the state considered a masterpiece and followed aof Jammu and Kashmir that has a Hindu method of historical research. He wasmajority population – approx. 65% of followed by Jonaraja who died in 1459Jammus population practice Hinduism, a.d, imitated Kalhans style and brought30% practice Islam and most of the the history narrative up to the reign ofremainder are Sikhs. Most of Jammus Zain-ul-Abidin. Srivara, Prajya BhattaHindus are Dogras, Kashmiri Pandits, and Suka carried on the history tillmigrants from Kotli and Mirpur and Kashmirs conquest by Akbar.Punjabi Hindus, West Pakistan Refugeesand internally displaced of POK Upto 600 BC Many Sikhs are migrants from According to the Rajatarangini, thePakistan Controlled Kashmir (from areas oldest ruler was Gonanda I, wholike Muzaffarabad and Punch sector appears to have ruled in the days justareas occupied by Pakistan during 1947). before the Mahabharata. It is emperorPeople of Jammu speak mostly Dogri, Ashok who is said to have founded thePoonchi, Gojri, Kotli, Mirpuri, Hindi, city of Srinagari, now Srinagar.Punjabi, and Urdu. Hindus of Jammu Uttarakurus were located beyond theregion are subdivided into various Himalayas.groups, and of them Brahmins and This is corroborated by the fact thatRajputs are the predominant ones. Taxila became a centre of learning andAccording to the 1941 census, 30% of classical Sanskrit was first developed inthem were Brahmin, 27% Rajput, 15% Kashmir.Thakkar, 4% Jat and 8% Khatri. 320 to 740 AD According to Kalhana, nearly the whole of the Gupta age was ruled by the Gonanada dynasty ie for about 300 yrs. After them a new dynasty known as Karkota or Naga was founded by03 Jammu-Kashmir : Facts, Problems and Solution
  5. 5. Durlabha-vardhana. He had married the Yasakara who earned a reputation as adaughter of the last Gonanada king and man of great learning. Besides being abecame king in 527 a.d. According to good administrator, he built a MathaHiuen Tsang who visited Kashmir, the (monastery) for the residence ofking ruled over parts of western and students coming from Aryadesa tonorth western Punjab as well. The Kings Kashmir for higher education.son Chandrapida in 713 ad defend his A Turkish family ruled the Kabulkingdom against the Arabs. Valley and Gandhara for a long time. He was followed by Lalitaaditya Kallar, a minister, overthrew the king toMuktapada in 724 ad, the greatest king of found the Hindu Shahi dynasty in thethat dynasty. He defeated the Tibetans second half of the ninth century a.d andand the Turks. His extensive conquests, is identified as Lalliya Shahi in theup to Bengal, made Kashmir the most Rajatarangini. After the death ofpowerful kingdom since the days of the Lalliyas son, Kamaluka, his grandsonGuptas. The most famous of his works is Bhima-about 900 ad, ascended thethe Martanda Temple. He died in 760 ad throne. By giving his daughter iswhile the dynasty continued to rule till marriage to the King of Lohara inthe middle of the ninth century ad. When Poonch, he was able to exercise influenceJayapida, the grandson of Lalitaditya, in Kashmir to build a magnificentlost the throne of Kashmir, he came to temple of Vishnu and call it Bhimaksava.North Bengal. In the 8th century ad, (Has now been converted into a MuslimSarvajnamitra, a nephew of the King of Ziarat). There were a series of kingsKashmir became one of the principal thereafter. It ends with King Jayapalateachers of Nalanda. who fought the Sultan of Ghazni. Renowned scholar, Kumarjiva, Towards the middle of the 8thresponsible for translating over 100 century was built the magnificentSanskrit texts into Chinese, was taken by Marthananda temple. While resting inhis mother at the age of nine to Kashmir the Valley the learned Brahmans toldto study Buddhist literature. Sankaracharya that unless he defeated the learned persons of Sarada Pitha they 750 to 1000 A.D. would not accept the supremacy of his Lalitadityas son Vajraditya ruled philosophy. With his arguments hefrom 762 a.d. The Arab governor of Sind defeated all the learned men at that highraided Kashmir around 770 The next seat of learning including Jains andsuccessor was Jayapida referred to above. Buddhists. The King of Kasmira orHe was a brave general like his Grand Kashmir has made arrangements for theFather Lalitaditya. Thereafter, a series of Shankaracharyas stay at Srinagar but heKings ruled Kashmir. Next in line was chose to stay near an ancient Siva templeJammu-Kashmir : Facts, Problems and Solution 04
  6. 6. overlooking the city. Since then the invaded Kashmir in 1540 and died in onetemple has popularly been known as the such war in 1551. There were a series ofSankarcharya temple. kings between 1551 and 1579 till Yusuf Shah became king who submitted to 1000 TO 1300 AD Akbars forces in 1586. Akbar Around 1014 ad, Mahmud Ghazni imprisoned Yusuf. His son Yaqubplundered the Valley for the first time. continued fighting Akbar till he wasSahamer became King in 1339 ad under defeated.the name Shams-ud-din. This marked the The reigns of Jahangir and Shahadvent of Muslim rule in 1338 ad. Jahan did not see much interaction with Kashmir. During Aurangzibs stay in Punjab in 1674-75 officials converted a 1300 to 1526 AD large number of Hindus to Islam. In The history of Kashmir was given in order to infuse courage in Hindus, Guruthree Sanskrit chronicles ie from the Tegh Bahadur visited East Punjab. Thismiddle of the 12th century to the time it created confidence in the minds ofwas conquered by Akbar. The earliest people. Enthused, the Kashmiri leadersone was by Jonaraja. The Muslim told the Guru of their plight. He advisedchronicles are based on these writings. them to inform Aurangzeb to convert After a series of kings The next the Guru first and then all of them wouldimportant king was Sikandar whose embrace Islam. Surely Guru did notreign marks a turning point in the history convert and paid for his life by beingof Kashmir. A large number of fanatical beheaded on 11/11/1675.Muslims from outside the country came,occupied offices of the state and became 1707 to 1818 ADthe kings friends. Idols were destroyed;temples demolished, attempts were After Aurangzebs death the declinemade to kill the Brahmins. His son Mir of Mughal power did not affect KashmirKhan continued with the torture of till Ahmad S Shah Abdali conquered it inBrahmins. 1752. The Afghans ruled it till 1819. There were 28 governors during Afghan Shahi Khan became the next king in rule of which there was only one Hindu,1420. He was well versed in Persian and Sukhjiwan. In 1753 he was the firstSanskrit, had the Mahabharat translated Hindu chief of Kashmir since 1320 ie ininto Persian. He died in 1470 ad. 433 yrs. He was a brave soldier, wise administrator, scholar and poet . But he 1526 to 1700 AD fell out with Ahmad Shah Abdali who A series of kings ruled Kashmir till invaded Kashmir with the help of Ranjit1540. Humayuns general Mirza Haidar Deo, the ruler of Jammu. Sukhjivan was05 Jammu-Kashmir : Facts, Problems and Solution
  7. 7. captured, blinded and trampled to deathby horses. Ladakh After this Afghan rule was a tale ofatrocities. Sunni-Shia riots broke out in1763-65. Mir Hazar Khan in 1793 sewed Ladakh lies between the Kunlunup Hindu leaders in gunny bags and mountain range in the north and thethrew them in the Dal Lake to be main Great Himalayas to the south, isdrowned. Ata M K Alkozai forcibly one of the most sparsely populatedseized pretty girls to satisfy his lust. regions in Jammu and Kashmir state.Many parents were forced to shave the Historically, the region included theheads of their daughters rather than Baltistan (Baltiyul) valleys, the Indusallow them to be molested and degraded. Valley, the remote Zangskar, Lahaul andThis forced many Pandit families to Spiti to the south,Aksai Chin and Ngari,migrate to Rajauri, Poonch and Delhi. As including the Rudok region and Guge,a result of oppression, great unrest in the east, and the Nubra valleys to thespread in the province. It was conquered north.by Maharaja Ranjit Singh in 1819 after Contemporary Ladakh bordersapproached by one Birbal Dhar, a noble Tibet to the east, the Lahaul and Spiti toof Kashmir. Birba Dhar kept his son as a the south, the Vale of Kashmir, Jammugurantee for the support of Kashmir and Baltiyul regions to the west, and thenobles to the Sikh army. trans–Kunlun territory of Xinjiang to the far north. Ladakh is renowned for its remote mountain beauty and culture. the past Ladakh gained importance from its strategic location at the crossroads of important trade routes, but since the Chinese authorities closed the borders with Tibet and Central Asia in the 1960s, international trade has dwindled except for tourism. Since Ladakh is bordering with china occupied Tibet, Indian military maintains a strong presence in the region. The largest town in Ladakh is Leh. It is one of the few remaining abodes of Buddhism in South Asia, a majority of Ladakhis are Buddhists and the rest areJammu-Kashmir : Facts, Problems and Solution 06
  8. 8. mostly Shia Muslims. Some Ladakhi Namgyal dynasty which survives tillactivists called for Ladakh to be today. The Namgyals repelled mostconstituted as a union territory because Central Asian raiders and temporarilyof its religious and cultural differences extended the kingdom as far as Nepal, inwith predominantly Muslim Kashmir. the face of concerted attempts to convert Rock carvings found in many parts of the region to Islam and destroy BuddhistLadakh show that the area has been artifacts. In the early 17th century effortsinhabited from ancient age. Around the were made to restore destroyed artifacts1st century, Ladakh was a part of the and gompas and the kingdom expandedKushana empire. Buddhism spread into into Zangskar and Spiti. However,western Ladakh from Kashmir in the 2nd despite a defeat of Ladakh by thecentury when much of eastern Ladakh Mughals, who had already annexedand western Tibet was still practising the Kashmir and Baltistan, it retained itsBon religion. independence. In the 8th century, Ladakh was In the late 17th century, Ladakhinvolved in the clash between Tibetan sided with Bhutan in its dispute withexpansion pressing from the East and Tibet . This event is known as the Tibet-Chinese influence exerted from Central Ladakh-Mughal war of 1679-1684.Asia through the passes. Suzerainty over Kashmir helped restore Ladakhi rule onLadakh frequently changed hands the condition that a mosque be built inbetween China and Tibet. In 842 Nyima- Leh and that the Ladakhi king convert toGon, a Tibetan royal representative Islam. The Treaty of Tingmosgang inannexed Ladakh for himself after the 1684 settled the dispute between Tibetbreak-up of the Tibetan empire, and and Ladakh, but severely restrictedfounded a separate Ladakhi dynasty. Ladakhs independence. In 1834, theDuring this period Ladakh acquired a Dogras under Zorawar Singh, a generalpredominantly Tibetan population. of Ranjit Singh annexed Ladakh. Faced with the Islamic conquest of A Ladakhi rebellion in 1842 wasSouth Asia in the 13th century, Ladakh crushed and Ladakh was incorporatedchose to seek and accept guidance in into the Dogra state of Jammu andreligious matters from Tibet. For nearly Kashmir. The Namgyal family wastwo centuries till about 1600, Ladakh was given the jagir of Stok, which itsubject to raids and invasions from nominally retains to this day. Europeanneighbouring Muslim states, which led to influence began in Ladakh in the 1850sthe partial conversion of Ladakhis to and increased. Geologists, sportsmenIslam. and tourists began exploring Ladakh. In King Bhagan reunited and 1885, Leh became the headquarters of astrengthened Ladakh and founded the mission of theMoravian Church.07 Jammu-Kashmir : Facts, Problems and Solution
  9. 9. At the time of the partition of India in the north-east corner of Ladakh has been1947, Pakistani raiders had reached the venue of a continuing militaryLadakh and military operations were standoff between India and Pakistaninitiated to evict them. The wartime and the highest battleground in theconversion of the pony trail from worldSonamarg to Zoji La by army engineers There is a competition to occupy thepermitted tanks to move up and heights of the Saltoro Ridge whichsuccessfully capture the pass. The borders the Siachan glacier. Since thenadvance continued. Dras, Kargil and Leh strategic points on the glacier arewere liberated and Ladakh cleared of the occupied by both sides, with the Indiansinfiltrators. having a clear strategic advantage. In 1949, China closed the border Following demands for autonomybetween Nubra and Xinjiang, blocking from the Kashmiri dominated stateold trade routes. In 1955 China began to government; the Ladakh Autonomousbuild roads connecting Xinjiang and Hill Development Council was createdTibet through this area. It also built the in the 1990s. Leh and Kargil DistrictsKarakoram highway jointly with now each have their own locally electedPakistan. India built the Srinagar-Leh Hill Councils with some control overHighway during this period, cutting the local policy and development funds.journey time between Srinagar and Leh Ladakh is the highest plateau of thefrom 16 days to two. Kargil was an area of Indian state of Kashmir with much of itconflict in the wars of 1947, 1965 and 1971 being over 3,000 m (9,800 ft). It spans theand the focal point of a potential nuclear Himalayan and Karakoram mountainconflict during the Kargil War in 1999. ranges and the upper Indus River valley. The Kargil War of 1999, codenamed Before partition, Baltistan, now"Operation Vijay" by the Indian Army, under Pakistani control, was a district insaw infiltration by Pakistani troops into Ladakh. Skardu was the winter capitalparts of Western Ladakh, namely Kargil, of Ladakh while Leh was the summerDras, Mushkoh, Batalik and Chorbatla, capital.overlooking key locations on the The peaks in the Ladakh range are atSrinagar-Leh highway. Extensive a medium altitude close to the Zoji-laoperations were launched in high (5,000–5,500 m or 16,000–18,050 ft), andaltitudes by the Indian Army with increase towards south-east,considerable artillery and air force culminating in the twin summits ofNun-support. Pakistani troops were evicted Kun (7000 m or 23,000 ft).from the Indian side of the Line of The Suru and Zangskar valleys formControl. a great trough enclosed by the Since 1984 the Siachan glacier area in Himalayas and the Zangskar range.Jammu-Kashmir : Facts, Problems and Solution 08
  10. 10. Rangdum is the highest inhabited region in the Karakoram and second-longest inin the Suru valley, after which the valley the worlds non-polar areas. It falls fromrises to 4,400 m (14,436 ft) at Pensi-la, the an altitude of 5,753 m (18,875 ft) abovegateway to Zangskar. Kargil, the only sea level at its source at Indira Col on thetown in the Suru valley, is the second China border down to 3,620 m (11,875 ft)most important town in Ladakh. It was an at its snout are occupied by troops onimportant staging post on the routes of both sides.the trade caravans before 1947, being Ladakh is a high altitude desert asmore or less equidistant, from Srinagar, the Himalayas create a rain shadow,Leh, Skardu and Padum. denying entry to monsoon clouds. The The Zangskar valley lies in the main source of water is the wintertroughs of the Stod and the Lungnak snowfall on the mountains. The regionsrivers. The region experiences heavy on the north flank of the Himalayas —snowfall; the Pensi-la is open only Dras, the Suru valley and Zangskar —between June and mid-October. Dras and experience heavy snowfall and remainthe Mushkoh Valley form the western cut off from the rest of the region forextremity of Ladakh. several months in the year, as the whole The Indus river is the backbone of region remains cut off by road from theLadakh. Most major historical and rest of the country. Summers are short,current towns — Shey, Leh, Basgo and though they are long enough to growTingmosgang (but not Kargil), are crops. The summer weather is dry andsituated close to the Indus River. After the pleasant. Temperature ranges are fromIndo-Pakistani War of 1947, the stretch of 30 to 35 °C in summer and minimumsthe Indus flowing through Ladakh is the range from -20 to -35 °C in winter.only part of this river, which is greatly Ladakh sends one member (MP) tovenerated in the Hindu religion and the lower house of the Indian parliamentculture, that still flows through India. the Lok Sabha. The Siachan Glacier is located in the Among the popular places of touristeastern Karakoram range in the interest include Leh, Drass valley, SuruHimalaya Mountains along the disputed valley, Kargil, Zangskar, Zangla,India-Pakistan border. The Karakoram Rangdum, Padum, Phugthal, Sani,range forms a great watershed that Stongdey, Shyok Valley, Sankoo, Saltseparates China from the Indian Valley and several popular trek routessubcontinent and is sometimes called the like Lamayuru - Padum - Darcha, the"Third Pole." The glacier lies between the Nubra valley and the Indus valley.Saltoro Ridge immediately to the west Ladakh was the connection pointand the main Karakoram range to the between Central Asia and South Asiaeast. At 70 km long, it is the longest glacier when the Silk Road was in use. The sixty- 09 Jammu-Kashmir : Facts, Problems and Solution
  11. 11. day journey on the Ladakh route Manali-Leh Highway from Himachalconnecting Amritsar and Yarkand Pradesh. The highway crosses fourthrough eleven passes was frequently passes, Rohtang la (3,978 m, 13,050 ft),undertaken by traders till the third Baralacha la (4,892 m, 16,050 ft),quarter of the 19th century. Another Lungalacha la (5,059 m, 16,600 ft) andcommon route in regular use was the Taglang la(5,325 m, 17,470 ft) and theKalimpong route between Leh and Lhasa More plains and is open only betweenvia Gartok, the administrative centre of May and November when snow iswestern Tibet. Gartok could be reached cleared from the road.either straight up the Indus in winter or Ladakh has a population of aboutthrough either the Taglang la or the 2,60,000 which is a blend of manyChang la. Beyond Gartok, the Cherko la different ethnic groups.brought travellers to the Manasarovar Among non-Ladakhi residents,and Rakshastal lakes, and then to Barka, there are followers of Hinduism andwhich is connected to the main Lhasa Sikhism, and a small number ofroad. These traditional routes have been followers of the Bon religion. Accordingclosed since the Ladakh-Tibet border was to the 2001 population census of India,sealed by the Chinese government. Other 47.4% of the population is Buddhist,routes connected Ladakh to Hunza and 45.9% Muslim, 6.2% Hindu and 0.5%Chitral but, as in the previous case, there others. The regions population is splitis currently no border crossing between roughly in half between the districts ofLadakh and Pakistan. Leh and Kargil. Leh is 77% Buddhist and In present times, the only two land Kargil is 80% Muslim.routes to Ladakh in use are from Srinagarand Manali. Travelers from Srinagar starttheir journey from Sonamarg, over theZoji La pass (3,450 m, 11,320 ft) via Drasand Kargil (2,750 m, 9,022 ft) passingthrough Namika la (3,700 m, 12,140 ft)and Fatu la (4,100 m, 13,450 ft). This hasbeen the main traditional gateway toLadakh since historical times and is nowopen to traffic from April or May untilNovember or December every year.However, with the rise of militancy inKashmir, the main corridor to the areahas shifted from the Srinagar-Kargil-Lehroute via Zoji la to the high altitudeJammu-Kashmir : Facts, Problems and Solution 10
  12. 12. On 7th November the Indian troops Pak Occupied won the battle of Shaltang, thereby Jammu- Kashmir removing all threats to Srinagar. Three days later, Baramulla was recaptured. The process of retreat by the enemy on The Maharaja of Kashmir, Hari Singh all fronts began.was not interested to accede with With the Indian Army finding thatPakistan but the Pakistan was very keen the only way the raiders could beto annexed it. Therefore, An all-out completely removed from Kashmir wasinvasion of J&K started on 22nd October by attacking their bases and sources of1947. The main raiders column consisted supply in Pakistan, India warnedof an estimated five thousand tribesmen Pakistan on 22nd December 1947 thatincluding soldiers of the Pakistan Army unless Pakistan denied her assistance“on leave” and led by a few regular and bases to the invaders, India wouldofficers who knew Kashmir well. Garhi be compelled to take such action.and Domel were quickly captured andthe gates of Muzaffarabad were reached. At that critical stage in J&Ks history,On 24th October, Mahura Power House Lord Mountbatten urged our PM,supplying electricity to Srinagar was Jawaharlal Nehru, about “thetaken over; the capital of the State was overwhelming need for caution andplunged in darkness. restraint”; he stressed “how embroilment in war with Pakistan Maharaja sought Indias military would undermine the whole of Nehrushelp and signed the Instrument of independent foreign policy andAccession on 26th October 1947 to enable progressive social aspirations.” And, onthat help to be rendered. As Governor- Mountbattens advice, Nehru decided toGeneral of the Dominion of India, Lord lodge a complaint to the United NationsMountbatten signed his acceptance of the Security Council. That was done onInstrument deed on the next day. December 31, 1947. In the early hours of 27th October Following the 1949 cease-fire1947 began an operation the like of which agreement, the government of Pakistanhad never before occurred in the history divided the northern and western partsof warfare. With the wholehearted co- of Kashmir which it held into the twooperation of the civilian air companies, separately-controlled political entities:over a hundred civilian aircraft and RoyalIndian Air Force planes were mobilized Pakistan Occupied Jammu andto fly troops, equipment and supplies to Kashmir - The area of northern KashmirSrinagar. Some of the pilots flew did is still in occupation of Pakistan.Theseveral sorties in the course of the day; the narrow southern part, 250 miles (400ground crew rose to the occasion. km) long, with a width varying from 1011 Jammu-Kashmir : Facts, Problems and Solution
  13. 13. to 40 miles (16 to 64 km) and an area of involving a third party, such as theKashmir that was once under Pakistani United Nations.control is the Shaksgam tract—a small Pakistan named this region Azadregion along the northeastern border of Jammu and Kashmir (AJK) which is athe Northern Areas that was self-governing state under Pakistaniprovisionally ceded by Pakistan to the control but is not constitutionally part ofPeoples Republic of China in 1963 and Pakistan. It has its own electedwhich now forms part of Chinas Uygur president, prime minister, legislature,Autonomous Region of Xinjiang. high court, and official flag. The In 1972, the then-current border government of Pakistan has not yetbetween Pakistan and India, which held allowed the state to issue its ownareas of Kashmir, was designated as the postage stamps, however, and Pakistani"Line of Control". The Line of Control has stamps are used in the state instead. Itremained unchanged since the 1972 has its own Judiciary as well.Simla Agreement, which bound the two POJKs financial matters, i.e., budgetcountries "to settle their differences by and tax affairs, are dealt with by thepeaceful means through bilateral Azad Jammu and Kashmir Council,negotiations." Some political experts rather than by Pakistans Central Boardclaim that, in view of that pact, the only of Revenue. The Azad Jammu andsolution to the issue is mutual negotiation Kashmir Council is a supreme bodybetween the two countries without consisting of 11 members, six from theDivision District Area (km²) Population (1998) HeadquartersMirpur Bhimber 1,516 301,633 Bhimber Kotli 1,862 563,094 Kotli Mirpur 1,010 333,482 MirpurMuzaffarabad Muzaffarabad[11] 2,496 638,973 Muzaffarabad Hattian ? ? Hattian Bala Neelum[12] 3,621 106,778 AthmuqamPoonch Poonch 855 411,035 Rawalakot[11] Haveli 600 (est.) 150,000 (est.) Forward Kahuta[11] Bagh 768 243,415 Bagh Sudhnati 569 334,091 PallandariPOJK Total 10 districts 13,297 2,972,501 MuzaffarabadJammu-Kashmir : Facts, Problems and Solution 12
  14. 14. government of Azad Jammu and some mineral and marble resourcesKashmir and five from the government of close to Mirpur and Muzaffarabad; therePakistan. Its chairman/chief executive is are also some graphite deposits atthe president of Pakistan. Other members Mohriwali. There are some reservoirs ofof the council are the president and the low-grade coal, chalk, bauxite, andprime minister of Azad Kashmir and a zircon.few other AJK ministers. The state is In the latter part of 2006, billions ofadministratively divided into three dollars for development were mooteddivisions which, in turn, are divided into by international aid agencies for theten districts. reconstruction and rehabilitation of The northern part of POJK earthquake-hit zones in Azad Kashmir,encompasses the lower area of the though much of that amount wasHimalayas, including Jamgarh Peak subsequently lost in bureaucratic(15,531 feet/4,734 meters). However, channels.Hari Parbat peak in Neelum Valley is thehighest peak in the state. Fertile, green,mountainous valleys are characteristic ofgeography, making it one of the mostbeautiful regions of the subcontinent. Theregion receives rainfall in both the winterand the summer. Muzaffarabad andPattan are among the wettest areas of theregion. Throughout most of the region,the average rainfall exceeds 1400 mm,with the highest average rainfalloccurring near Muzaffarabad (around1800 mm The majority of the population isculturally, linguistically, and ethnicallyrelated to the people of northern Punjab.The principal languages spoken arePahari, Gojri, Dogri, Potohari, Urdu,Kashmiri, Pashto and Punjabi. Agriculture is a part of AzadKashmirs economy; low-lying areas thathave high populations grow crops likebarley, mangoes, millet, corn (maize),and wheat, and also raise cattle. There are13 Jammu-Kashmir : Facts, Problems and Solution
  15. 15. that proves their age. Many of these Gilgit-Baltistan carvings and inscriptions will be inundated and/or destroyed when the planned Basha-Diamir dam is built and Gilgit-Baltistan, the much larger area the Karakoram Highway widened.to the north of Jammu and Kashmir. It The local Northern Light Infantry iswas officially granted full autonomy on the army unit that was believed to haveAugust 29, 2009 but the present Indian assisted and possibly participated in theGovt. didnt show any concern other than 1999 Kargil conflict. More than 500issuing a token statement. soldiers were believed to have been Gilgit-Baltistan borders Pakistans killed and buried in the Northern AreasKhyber Pukhtunkhwa province to the in that action. Lalak Jan, an Shia Imamiwest, Afghanistans Wakhan Corridor Ismaili Muslim(Nizari) soldier fromto the north, China to the east and Yasin Valley, was awarded Pakistansnortheast, POJK to the southwest, and most prestigious medal, the Nishan-e-Jammu and Kashmir to the southeast. Haider, for his courageous actionsGilgit-Baltistan covers an area of 72,971 during the Kargil conflict.km² (28,174 mi²) and is highly On 29 August 2009, the Gilgit-mountainous. It has an estimated Baltistan Empowerment and Self-population approaching 18,00,000. Its Governance Order, 2009, was passed byadministrative center is the city of Gilgit . the Pakistani cabinet and later signed by The territory became a single the President of Pakistan. The orderadministrative unit in 1970 under the granted self-rule to the people of Gilgit-name Northern Areas and was formed by Baltistan, by creating, among otherthe amalgamation of the Gilgit Agency, things, an elected legislative assembly.the Baltistan District of the Ladakh Gilgit-Baltistan thus gained de factoWazarat, and the states of Hunza and province-like status without having soNagar. constitutionally. There are more than 50,000 pieces of Gilgit-Baltistan is administrativelyrock art (petroglyphs) and inscriptions all divided into two divisions which, inalong the Karakoram Highway in Gilgit- turn, are divided into seven districts,Baltistan, concentrated at ten major sites including the two Baltistan districts ofbetween Hunza and Shatial. The carvings Skardu and Ghanche, and the five Gilgitwere left by various invaders, traders, districts of Gilgit, Ghizer, Diamer,and pilgrims who passed along the trade Astore, and Hunza-Nagar. The mainroute, as well as by locals. These carvings political centres are the towns of Gilgitwere pecked into the rock with stone and Skardu.tools and are covered with a thick patinaJammu-Kashmir : Facts, Problems and Solution 14
  16. 16. Area PopulationDivision District Headquarters (km²) (1998)Baltistan Ghanche 9,400 88,366 Khaplu Skardu 18,000 214,848 SkarduGilgit Gilgit 39,300 383,324 Gilgit Diamir 10,936 131,925 Chilas Ghizar 9,635 120,218 Gahkuch Astore 8,657 71,666 Gorikot Hunza- Aliabad, Sikandarabad NagarGilgit-Baltistan 7 districts 72,971 970,347 Gilgittotals latter being one of the most feared Gilgit-Baltistan borders the Wakhan mountains in the world.corridor of Afghanistan to the northwest, Three of the worlds longest glaciersChinas Uygur Autonomous Region of outside the polar regions are found inXinjiang (Part of Ladakh, illegally Gilgit-Baltistan — the Biafo Glacier, thehanded over to China by Pakistan) to the Baltoro Glacier, and theBatura Glacier.northeast, the Indian state of Jammu and There are, in addition, several high-Kashmir to the south and southeast, the altitude lakes in Gilgit-Baltistan:POJ K to the south, and Pakistans North- Sheosar Lake in Deosai Plains -West Frontier Province to the west. (Astore region) Gilgit-Baltistan is home to five of the Satpara Tso Lake in Skardu - Baltistan"eight-thousanders" and to more than Katzura Tso Lake in Skardu - Baltistanfifty peaks above 7000 meters. Gilgit and Zharba Tso Lake in Shigar - BaltistanSkardu are the two main hubs for Phoroq Tso Lake in Skardu - Baltistanexpeditions to those mountains. The Bara Tso Lake in Gangche - Baltistanregion is home to some of the worldshighest mountain ranges—the main Byarsa Tso Lake in Gultari - Baltistanranges are the Karakoram and the Borith Lake in Gojalwestern Himalayas. The Pamir (Upper Hunza- Gilgit)mountains are to the north, and the Rama Lake near AstoreHindu Kush lies to the west. Amongst the Rush Lake near Nagar - Gilgithighest mountains are K2 (Mount Kromber Lake In Kromber PassGodwin-Austen) and Nanga Parbat, the ( Ishkoman Valley, Ghizer District)15 Jammu-Kashmir : Facts, Problems and Solution
  17. 17. Barodaroksh lake in Bar valley Nagar of the area which being the remotest region of Pakistan was neglected for The Deosai Plains, are located above over quarter of century. This forum ledthe tree line, and constitute the second- the people of the area to actively investhighest plateau in the world at 4,115 and learn the modern trade know howmeters (14,500 feet)after Tibet. from its neighbor Xingkiang. Rest of the The climate of Gilgit-Baltistan varies economy is shouldered by mainlyfrom region to region, surrounding agriculture and tourism. Agriculturemountain ranges creates sharp variations such as: wheat, corn (maize), barley,in weather. There are towns like Gilgit fruits; Tourism is mostly in trekking andand Chilas that are very hot during the mountaineering and this industry isday in summer, yet cold at night, and growing in importancevalleys like Astore, Khaplu, Yasin, In early September 2009, PakistanHunza, and Nagar where the signed an agreement with the Peoplestemperatures are cold even in summer. Republic of China for a mega energy The economy of region is basically project in Gilgit-Baltistan whichbased on traditional route of trade includes the construction of a 7,000-through Silk Road. China Trade megawatt dam at Bunji in the Astoreorganization was the leading economic District.forum through which most of bartertrade activity made a phenomenalchange in the general economical outlookJammu-Kashmir : Facts, Problems and Solution 16
  18. 18. Accession is full, final and irrevocable The “Kashmir { Jammu and Kashmir by Maharaja was covered with a letter of} “State of Hari Singh that was part of circumstances & reasons. Maharaja HariBritish Indian Empire in 1947 comprised Singh did try to explain some of theof three distinct regions in the broader reasons in his letter dated 26 Octobersense. Maharaja had hence classified the 1947 addressed to Mountbattenmanagement of His State in 3 Governor General of India ( GGOI ) foradministrative units,{i} The Province of not signing the Instrument of AccessionJammu ( headed by a Governor and had with either Dominion by 14-08-1947.two jagirs also associated with it i.e No doubt Maharaja of J&K as per thePoonch and Chenani) , {ii} The Province Indian Independence Act 1947 andof Kashmir ( headed by a Governor ) and Government of India Act 1935 was the{iii} Ladakh headed by a Wazir E only authority to take a decisionWazarat. Pirpanchal mountain range regarding a State of British Empire thatseparated the Province of Jammu from was outside British India and make anythe Province of Kashmir. Srinagar was observations on the circumstances asthe summer capital and Jammu was the prevailed around him while taking awinter capital of Maharaja. decision regarding accession to any of Maharaja Hari Singh acceded to the dominion or otherwiseDominion of India on 26 Oct 1947 under relationships.an instrument designed for Accession Maharaja in his letter said,“ I have towith dominion of India . It was accepted inform your Excellency that a graveby Governor General of India on 27th of emergency has arisen in my State.” TheOctober 1947. Maharaja further said, “ I wanted to take Governor General of India did time to decide to which Dominion Iaddress a letter to Hari Singh that is being should accede or whether it is not in theused by some separatist elements to call best interests of both the dominions andthe acceptance of Accession as of State to stand Independent, The massconditional. J&K has remained disturbed infiltration of tribesmen drawn frompolitically. In addition very few people distant areas of North West Frontierhave worked all these years treating J&K Province, coming regularly in motoraffairs outside personal political gains. trucks, using the Mansehra- Only designated authority to decide Muzaffarabad road and fully armedaccession of Princely State was the Prince with up-to-date weapons, cannot possibly be done without the knowledge The Instrument of Accession signed of the Provincial Government of North17 Jammu-Kashmir : Facts, Problems and Solution
  19. 19. West Frontier Province and the and by then neither the Maharaja norGovernment of Pakistan.”….Regarding Government of India had gone to UN /his people the Maharaja said, :“ The UN Security Council . And so strangelypeople of my State, both Muslims and on the on set itself Lord Mountbattennon Muslims , generally have taken no Governor General of India made suchpart at all…… “.With the conditions self conceived remarks on the offer forobtaining at present in my State and the Accession as was made by Maharaja ofgreat emergency of the situation as it J&K and classified J&K State as a Stateexists, I have no option but to ask for help where the issue of Accession was afrom India Dominion……. Naturally dispute. Where as in the circumstancesthey can not send the help asked for by as explained by Maharaja in his letterme without my State acceding to the there was no reference of any dispute orDominion of India. I have accordingly resistance to accession with Indiadecided to do so and I attach the Dominion from the people of his State.Instrument of Accession for acceptance The Maharaja had no where talked ofby your Government.” …” I may Inform any dispute regarding accession of J&K .your Excellencys Government that it is Then why this condition ofmy intention to at once set up an interim settlement of issue of accession bygovernment and ask Sheikh Abdullah to reference to the people and what was thecarry the responsibilities in this basis for Governor General in the nameemergency with my Prime Minister. “ of Government of India to call the issue Lord Montbatten said, : In the of accession a dispute as regards J&Kcircumstances mentioned by your when Maharaja Hari Singh Bahadur inHighness, my Government have decided his letter dated 26 Oct 1947 had clearlyto accept the accession of Kashmir State to informed that the people of his State ,the Dominion of India. It is my both Muslims and non Muslims , generalGovernments wish that , as soon as the had taken no part at all in thelaw and order have been restored in disturbances where ever the sameKashmir and its soil cleared of the prevailed.invader, the question of States accession The said letter has been used by antishould be settled by a reference to the India elements and their sympathizers/people. My Government and I note with supporters to term the accession assatisfaction that Your Highness has conditional , even temporary.. Maharajadecided to invite Sheikh Abdullah to or had not made any conditional accession.an interim Government to work with Hence technically the Accession of J&Kyour Prime Minister.” with Indian Dominion has been surely It is worth noting here that the letter there and those asking for right of selffrom Mountbatten was dated 27/10-1947 determination in the context of politicalJammu-Kashmir : Facts, Problems and Solution 18
  20. 20. and national status of J&K have to first British Parliament , there was nocall for secession of J&K from Union of provision for any conditional accessionIndia and may be even before that for worth sharing the sovereignty with anyundoing the Indian Independence Act of one out side the Dominion. OfcourseBritish Parliament. And if at this stage the same Act had given the Princes ofIndian Independence Act 1947 is princely states a sole right to decide onnegated, who shall endorse the 1947 accession to either of the dominions i.epartition of British India ? Independent Dominion of India and Rather it could be inferred that new dominion of Pakistan.Maharaja Hari Singh had no where Hence from all technical reasons theacknowledged the conditional accession letter of Mountbatten dated 27th Octnor did he assign to the National 1947 was not the part of instrument ofAssembly, that was ordered to be elected accession.for working out a more democratic although not required in terms of theconstitutional arrange for internal Instrument of accession, the Stategovernance vide the 5th March 1948 Constituent Assembly ratified theproclamation, the job of endorsing the accession of the State to the Union ofaccession nor was such job assigned to India on February 6, 1954. The Presidentthe Constituent Assembly that was to be of India subsequently issued theelected under the proclamation dated 1st Constitution (Application to J&K) OrderMay 1951 of Yuvraj Karan Singh . 1954 May 14 under Article 370 of the While the power was transferred to Indian Constitution extending thethe people in British India, the rulers of Union Constitution to the State withthe princely States were given / some exceptions and modifications. Thesuggested an option to join either of the J&K Constitution Act 1996 Samvat tootwo Dominions – India or Pakistan. The was amended on 14 may 1954AD.Government of India Act 1935, as The States Constitution foradopted in the Indian Independence Act, handling the issues left to State by the1947, provided, "An Indian State shall be Union Constitution came into force ondeemed to have acceded to the Dominion January 26, 1957 under which theif the Governor General has signified the elections to the State Legislativeacceptance of an Instrument of Accession Assembly were held for the first time onexecuted by the ruler thereof."….., the basis of adult franchise the samePakistan and even Britain were party to year. The Section 3 of the Constitutionthese provisions. So the choice of joining says, "The State of Jammu and Kashmireither of the Dominions was left to the is and shall be an integral part of theRulers of the States concerned. Moreover, Union of India." The Section 4 of thein the Indian Independence Act, 1947 of Constitution defined the territories19 Jammu-Kashmir : Facts, Problems and Solution
  21. 21. which on the fifteenth day of August, November 1949 that Yuvraj Karan Singh1947, were under the sovereignty of the Sadar e Riyasat / Maharajassuzerainty of the Ruler of the State." authorized Regent too issued a 1 . From all technical angles the proclamation accepting the constitutionAccession of J&K as of 1947 with Indian being drafted by the Constituentdominion is complete and legitimate. Assembly of independent IndiaUnder the Indian Independence act Dominion/ Republic.Prince of J&K was the only designate 4 . Though not required as per theauthority to decide for Accession . instrument of Accession signed by the 2 . Maharaja Hari Singh Prince of J&K , still the Constituentunconditionally acceded to Dominion of assembly also formally ratifiedIndia and also initiated for a duly elected /confirmed the accession with India.Constituent Assembly where in all the 75National Conference leaders got elected.Mountbattens letter is not part ofinstrument accession from technicalangle. 3 Though a little late, in view of thecircumstances in hand , it was on 25Jammu-Kashmir : Facts, Problems and Solution 20
  22. 22. Roots Of Separatism Muslim separatist politics in Jammu de-stable Maharaja of J&K.and Kashmir, particularly Kashmir Local Muslim young men,valley dates back to 1930,s. particularly educated from Aligarh It was the period when Indian were patronized to rise in rebellionfreedom movement had entered a besides Muslim League cadres fromdecisive phase. Punjab were systematically infiltrated in Indian nation under the leadership of disguise into J&K.Indian National Congress had declared One such person Qadeer by name“Puran Swaraj” as its objective. 26th was smuggled in as a cook of westernJanuary 1930 was declared the complete traveler. In Srinagar Qadeer startedindependence day. cooking politics instead of food-his Revolutionaries like Shaheed Azam declared objective.Bhagat Singh and ChanderShekhar Azad Local authorities arrested this manhad created a fear among the British. for inciting communal trouble and To counter this unprecedented disturbing the peace.awakening across the country Britishers Local stooges under the leadershipsecretly encouraged Muslim League and of sheikh Abdullah were mobilized tothe demand for separate homeland for undermine the rule of law. This entireMuslims on the basis of two nation mobilization was on communal groundstheory. and minority Hindus became natural In open the British government targets.convened series of Round Table On 21 June 1931J & K M u s l i mConferences in London to address the Conference was formed by Mir Waizgovernance grievances of the people of Yousuf Shah, Sheikh Abdullah,India. Chowdhury Ghulam Abbas and others. In the very first Round Table 13th July 1931 was a conspiracyConference held from November 1930 – hatched by the British PoliticalJanuary 1931 Maharaja Hari Singh, the Department against Maharaja Harithen ruler of J&K as Chairman of the Singh for his highly patriotic stand at theChamber of Princes supported the Round Table Conference in London. Thecomplete freedom demand of the INC, an other dimension of the plot was to coerceact not liked by the imperialists. him to submit to the long promoted As a measure of punishment, the British demand for lease of strategicBritish government of India decided to Gilgat. The conspiracy was21 Jammu-Kashmir : Facts, Problems and Solution
  23. 23. implemented on the ground by Naya Kashmir campaign as a manifesto.Wakefield, Maharaja Hari Singhs Prime The manifesto of Naya Kashmir,Minister and the British Resident contained a declaration for the Jammu Kashmir Muslim Conference, establishment of a responsiblethe political party constituted to Government besides the high ideals ofinstitutionalize the agitation against the reformation in social, educational andMaharaja and his government. The economic fields along with a provisionMuslim Press of Lahore, and Ahmadiya for independent judiciary andJamat and Majlis Ahrar, two religio- parliamentary democracy. According topolitical movements of Punjab, also gave Sheikh Abdullah, all these things werehim a helping hand in that formative possible when the Maharaja was oustedperiod. from power. Sh. Abdullah converted Muslim With full religious zeal the NationalConference into All J&K National Conference launched its Quit KashmirConference On 10th June 1939. To be able movement on May 10, 1946.to get support of the Indian Press and For the brief period from 1947-53 inleadership in his struggle for power in which National Conference was inKashmir. Khan Abdul Gaffar Khan power they used the state apparatus topersuaded him to do so make Kashmir an independent entity. But Sheikh Abdullah did not leave When ousted for his anti nationalhis essential component, the communal policies in 1953 MA Beig, the 2nd inpolitics. For him Kashmir was a nation command of NC formed the Plebisciteand National conference its national front and asked for implementation ofparty. UN resolutions. The Second World War and arrest of It is worthwhile to note that the HQall top leaders of the Congress in the wake of NC is called “Mujahid Manzil” that isof the quit India Movement of 1942, gave the goal of Muslim warriors.a new turn to Kashmirs politics. The Separatist sentiment was, thereforecommunist party of India, which began institutionalized to make it a perpetualto support the British after German attack sentiment.on Soviet Russia and Russian entry into Ÿ Trouble for Hindu minority wasthe Anglo-American Camp. They began being institutionalized in Kashmir. Ato take special interest in Kashmir. Many fresh dose of migration that had almosttop communist leaders of Punjab began stopped in Sikh-Dogra regime beganto give pro-communist tilt to politics and anew after Battaloot day of 1931. Muslimpolicies of the National Conference. Conference headed by Sheikh Abdullah The National Conference under the with the backing of British was gainingleadership of Sheikh Abdullah adopted strength. Jawahar Lal Nehru who hadJammu-Kashmir : Facts, Problems and Solution 22
  24. 24. personal envy with Maharaja and close general communal tension to instillaffinity with sheikh started meddling. fear among them, so that theyAmbitious sheikh saw his future with abandoned their homes;loosely knit Congress as compared to Ali v promotion of the distress sales ofMohd. Jinnah and Muslim League. This Hindu property, with finances made available from various Muslimalong with several other factors lead to endowments and trusts;transformation of Muslim Conference v pressure built upon the small Hinduinto National Conference. Nation business community to close downdenoting Kashmir, not India. With this whatever business enterprises itkind of situation we reach 1947. Partition owned;of the country on the basis of two nation v Elimination of Hindus from decisiontheory and subsequent events had its toll making process; v Delimitation and redrawing ofin Kashmir. Insistence of Pt. Nehru to territorial constituencies so as to getinstall Sheikh Abdulla as Prime rid of all chances of any Hindu gettingMinister/emergency administrator elected to state legislature;ensured that NC cadres built on v the recruitment of the Hindus in thecommunal narrative became ruling elite services was further reduced toovernight. “ Ray of Hope” statement almost eliminate them completelygave them the much required moral with a view to compel them to leave the State;license to do whatever they wanted. Inthis process atrocities committed against Reduction of the intake of Hindus inminority got suppressed. That Hindus in the higher educational institutions inDistrict Baramulla in particular had to spite of merit and competence.suffer enormously remained concealed.An entire generation including has Forgotten Heroesgrown up listening to horrible tale of the People like Shaheed Mohd.dreadful days Maqbool Sherwani were pushed into.A well-planned psychological war was oblivion and separatist rewardedunleashed against the Hindus, which constantly. Sheerwani was the personinvolved: who faced tribal raiders in 1947 and v denigration of their religious precept played an important role in delaying and rituals; their march to Srinagar. He was tied to a v desecration and destruction of their pole and 24 bullets fired at him. He was temples; not allowed to be an inspiration for local v encroachment on their religious endowments, unlawful occupation of populace. Instead the people who were the land attached to temples and actively involved in plundering Hindus ancient shrines; ascended to the throne. v frequent provocations to arouse As soon as NC took charge of the23 Jammu-Kashmir : Facts, Problems and Solution
  25. 25. administration Islamisation was given Competitive encouragement to thisofficial colour. Capturing Hindu sentiment ensured that all the successivelandsprivate as well as community was governments irrespective of party todone under laws prepared for the which it belonged harboured or at leastpurpose. Infamous land to tiller was demonstrated their desire anddesigned in such a way that even small commitment to a separatist Islamic stateand marginal hindu land owners were After Bakshi Ghulam Mohammad(left with no or a little land. Recruitment who replaced Sheith Abdullah in 1953),policy was also designed in such a way Ghulam Mohd. Sadiq was installed asthat gave enormous advantage to the Prime Minister of Jammu and Kashmirmajority community. Hence if a in February 1964.matriculate Hindu was eligible for say During his time the State witnessedpost of constable in case of Muslims it many political changes. Thewas middle pass only.this was nomenclatures of Sadr-i-Riyasat and theirrespective of what the status of the Prime Minister were changed toMuslim candidate was. Governor and the Chief Minister In this manner all the fundamental respectively.human rights of Hindus of J&K As a result of the efforts of Sadiq, therecognised by the constitution and part of National Conference was merged withUniversal Declaration like the Indian National Congress. The Praja Any symbol exhibiting the Parishad Party had already merged withcivilisational relation and bonding Jan Sangh. Sadiq adopted a policy ofbetween Kashmir and rest of the country liberalisation towards Sheikh Abdullah.were and is being destroyed in a On the other side the Sheikh had notsystematic manner. abandoned his old policy and activities Urdu was thus designated as official and naturally he followed the same oldlanguage and not the Kashmiri which is path.closer to Sanskrit. And now while in Al Fatah, deriving its name fromgovernment the Kashmiri language has Arab Guerrilla organization committedbeen distorted to make it look an abstract to liberalization of Palestine, dominatedof persio-Arabic language. the separatist movement in Kashmir This process continues un abated till soon after Tashkent Agreement. Itdate. And after several decades of this started its activity in 1966, graduallypolicy we witness an isolated and swelled its ranks and by 1969 it became amarginalized section of opportunist full-fledged organization and almostelements using separatism as an peaked in 1971.instrument of personal ambitions Al Fatah was first attempt tobecoming almost mainstream sentiment. militarize separatist sentiment inJammu-Kashmir : Facts, Problems and Solution 24
  26. 26. Kashmir immediately after the Sacred without abonding his real intentions.Relic Agitation in 1963 when massive Sheikh fully supported "Al Fatah" .protests were witnessed in the Valley. Its 30 activists, who were in Jail on It was for the first time that the charge of sedition, were released afterseparatists in the Valley realized that Sheikh Abdullah withdrew the casesthere existed a military option too to against them.achieve their goal. The organisation like the Jamait-e- when Pakistan launched its second Islamic too received his support.mission in 1965 to annex Kashmir it was The Sheikh disbanded the Plebiscitebanking on the local support Front and merged it with the Nationalorchestrated by Al Fatah. Conference in order to wear a nationalist this misadventure failed and Al mask on its anti-national activities.Fatah had to lie low for a long time. The anti-defection law was enactedSubsequently, its cadre was rehabilitated in such a way as would ensurein the mainstream by the successive supremacy of his political group.governments in the State under thepretext that it had abjured violence and “Resettlement Bill" was introducedthe separatist ideology. in state Assembly with a purpose to Some of its members were absorbed remove the constitutional returning toin state apparatus thus enabling the state of the people who had migratedseparatists to join the system to wreck it to Pakistan in 1947.from within to achieve the ultimate goal. Farooq Abdullah, son and successor It needs to be understood that the of Sheikh continued this policy.strong foundations for the current armed weapons from Pakistan wereinsurgency was laid by Al Fatah cadre smuggled into Kashmir during the timeentrenched within the State of Farooq Abdullah and during the sameestablishment itself. time Jamait-e-Islami incited Kashmiri Hijacking of Ganga the Indian Muslim youths to taking up arms andAirlines flight that had taken off from anti-India propaganda was launchedSrinagar on the morning of January 30 for through the cassettes.Delhi, and subsequent Indo –Pak war The result was that the terroristsresulting in stunning defeat of Pakistan enjoyed the upper hand. Takingand emergence of Bangladesh advantage of the ostrich type attitude ofdemoralized Kashmir separatists, the Chief Minister, many religiousparticularly Sheikh Abdullah. organisations - Islamic Students League, He entered into an agreement with Ahle Hadis, Umate Islami and Jamait-e-Indira Gandhi and returned to Power Islami started uprooting the ancient25 Jammu-Kashmir : Facts, Problems and Solution
  27. 27. national glory in Kashmir. These alternative to NC.organisations started the work of This has convinced the commoninfluencing educational institutions man in street that genuine democracywhile following Pakistans style of will never flourish in Kashmir.Islamisation. 70hardcore terrorists arrested by Economics of Militancysecurity forces with active support of The second aspect of theswyamsewaks in several instances were disinformation campaign about thereleased on the eve of Eid in 1989. militant violence is pertaining to the Kidnapping drama of Rubya Syed alleged economic deprivations, thedaughter of Mufti Sayyed and Muslims faced in the State. The localsubsequent release of five terrorist political leadership, specifically theleaders was another example of abject leadership of the National Conferencesurrender. and the splinters of the Muslims United Abandoning of responsibility and Front, a section of the Muslim leadershipcreating hurdles in the way of Governor of the Congress the left parties and someJagmohan with the help of Congress of the constituents of the Janta Dal,party under Rajiv Gandhis leadership blamed the Hindus of havingproved disastrous. appropriated economic advantage at the This opportunist use of Kashmir by cost of the Muslim majority. TheNC-Congress for narrow political Muslims, they alleged, were compelledpurposes continues under Omar-Rahul by poverty and economic depression tocombination. resort to armed resistance against India. Another dangerous consequence ofthis political opportunism is the PDP ofMufti Sayyed who is leaving no stoneunturned to establish his family as anJammu-Kashmir : Facts, Problems and Solution 26
  28. 28. Article 370 of the constitution of India Article 370 of the constitution of Maharaja Hari Singh out of state toIndia is temporary in nature and grants ensure its grip over power.special status to Jammu and Kashmir. The exclusion of the Jammu and The whole question of constitution Kashmir State from the constitutionalmaking in the State was considered in organization of India and itsMay 1949, at a Conference of the Premiers reconstitution into a separate politicalof the various States and the Union of identity based upon the MuslimStates. The Conference of the Premiers precedence is Article 370 in nutshell.decided to leave the task of the framing of Article 370 implies Sixfollowingthe Constitution of the States to the Special Provisions for Jammu &KashmirConstituent Assembly of India. 1) Jammu & Kashmir was allowed The Maharaja of Kashmir accepted to have its own constitution.the Constitution of India the same way; it 2) Parliament’s legislative powerwas accepted by other acceding princely over the state was restricted to threeStates. subjects – Defence, Foreign affairs, and The Interim Government of Jammu communications.and Kashmir State, which wasconstituted by the National Conference, 3) If other constitutional provisionsdid not accept that the Constituent or other Union powers were to beAssembly of India should frame the extended to Kashmir, the priorConstitution of the State and insisted concurrence of the state govt. wasupon the convocation of a separate required.Constituent Assembly in the State. The Constituent Assembly of India,in spite of tragic partition, had opted for a Text of the Article 370Union of India based on the secular Article 370 of the Indianintegration of the people of India. Constitution- In broad terms, the NationalConference leaders took the position, toexclude the Muslim majority State from (1) Temporary provisions withthe Constitutional organization of India. respect to the State of Jammu and Kashmir. NC under the leadership of SheikhAbdullah in collaboration with Jawahar Notwithstanding anything in thisLal Nehru forced legitimate ruler Constitution,-27 Jammu-Kashmir : Facts, Problems and Solution
  29. 29. (a) the provisions of article 238 shall Instrument of Accession of the Statenot apply in relation to the State of referred to in paragraph (i) of sub-clauseJammu and Kashmir; (b) shall be issued except in (b) the power of Parliament to make consultation with the Government of thelaws for the said State shall be limited to– State : (i) those matters in the Union List and Provided further that no such orderthe Concurrent List which, in which relates to matters other than thoseconsultation with the Government of the referred to in the last preceding provisoState, are declared by the President to shall be issued except with thecorrespond to matters specified in the concurrence of that Government.Instrument of Accession governing the (2) If the concurrence of theaccession of the State to the Dominion of Government of the State referred to inIndia as the matters with respect to which paragraph (ii) of sub-clause (b) of clausethe Dominion Legislature may make (1) or in the second proviso to sub-clauselaws for that State; and (d) of that clause be given before the (ii)such other matters in the said Lists Constituent Assembly for the purpose ofas, with the concurrence of the framing the Constitution of the State isGovernment of the State, the President convened, it shall be placed before suchmay by order specify. Assembly for such decision as it may take thereon. Explanation.- For the purposes of this (3) Not withstanding anything in thearticle, the Government of the State means the foregoing provisions of this article, theperson for the time being recognised by the President may, by public notification,President as the Maharaja of Jammu and declare that this article shall cease to beKashmir acting on the advice of the Council of operative or shall be operative only withMinisters for the time being in office under such exceptions and modifications andthe Maharajas Proclamation dated the fifth from such date as he may specify :day of March, 1948; Provided that the recommendation (c) the provisions of article 1 and of of the Constituent Assembly of the Statethis article shall apply in relation to that referred to in clause (2) shall beState; necessary before the President issues (d) such of the other provisions of this such a notification.Constitution shall apply in relation to (Source: Constitution of India)that State subject to such exceptions andmodifications as the President may byorder specify : Provided that no such order whichrelates to the matters specified in theJammu-Kashmir : Facts, Problems and Solution 28
  30. 30. Implications of Article 370 Government for her son Vipuls treatment. "Hence your sons medical the case cannot be settled at any cost on Manifestation of Limitations on Law the instruction of the Home Ministry,"making in India, Examples: Ahmed wrote. Chapter- I ( Preliminary )- Be it This is a case of 2007 that got someenacted by Parliament in the Fifty-sixth media attention.Year of the Republic of India as follows:— Refusal to limit the authority of state 1 (1) This Act may be called the Right power and the nature and extent ofto Information Act, 2005. individual liberty and freedom. (2) It extends to the whole of India Denial of protection againstexcept the State of Jammu and Kashmir. discrimination on grounds of religion, Implication of Such limitation [Reply caste and region and laid down legalfrom Deputy Secretary to Home MHA remedies against arbitrary exercise ofNorth Block department of J&K authority.Government] Isolate the State from the WRT your above quoted letter for mainstream of the Indian politicalproviding of information to the applicant development.regarding above noted subject, I am Push the state into a separate orbit ofdirected to say that as per section 3 of J&K political operatives, which ultimatelyRight to Information Act,2009 every isolated it from the rest of the country.person residing in the state shall have theright to information. Since the applicant The provisions with regard tois not a resident of J&K state, the citizenship are applicable to the stateapplication filed by him has not been with a number of exceptions.entertained.’ There is an overlapping in Article I CM J&K not bound to obey the orders and Article 370 as far as definition ofof Union government Even in case of Union is concerned.terminally ill people Article370 comes to The State of J&K has a Flag of itsrescue of reluctant officers. own. The Indian National Flag can be "It is to intimate that the Government flown only along with the State Flag.of Jammu and Kashmir is not bound to Jammu and Kashmir is the only Stateobey the orders of the Home Ministry that has dual citizenship, one of the Stateunder Article 370, which gives special and the other of India. Even the voter’sstatus to the state," Chief Minister lists for State elections and forGhulam Nabi Azads special secretary Parliament elections are not common.Zafar Ahmed reportedly wrote to Usha If a girl belonging to Jammu andKoul, who had sought aid from the State Kashmir marries a boy from outside the29 Jammu-Kashmir : Facts, Problems and Solution
  31. 31. state, who is not a state subject, she loses The Supreme Court is not vestedall her rights as a State Subject. Even if with the jurisdiction of the Federal Courther children are then born in the state, in regard to the Jammu and Kashmirthose children have no rights as state State;subjects! The appellate jurisdiction of the The Urban Land Act, 1976, which is in Court cannot be enlarged by theforce in the entire country, is not Parliament without having received aapplicable to Jammu and Kashmir. request to that effect from the State; andTherefore, rich landlords, belonging to In regard to the Jammu and Kashmirthe majority community in the Valley, State the Parliament is not empoweredindulge in economic exploitation of the to confer on the Supreme Court powerspoor and the Indian citizens, who are to issue directions, orders and writs innon-state subjects and living in the valley, the nature of habeas corpus, mandamus,cannot even secure loans from the prohibition, quo warranto and certiorarifinancial institutions. for purposes other than the enforcement . The State Government of Jammu of the fundamental rights.and Kashmir did not accept the Anti- The provisions of the Constitution ofdefection law adopted in the country; it India with regard to the services do notmade several amendments. The decision apply to the Jammu and Kashmir State,on defection is not taken by the Speaker of except in regard to the powers of thethe Assembly but by the leader of the Parliament to create one or more allconnected political party, giving India services common to the Union andunbridled authority to the leader of the the States and regulate and recruitmentparty. and conditions of service of any such Burning of the national flag is not a services.cognizable offence. The provisions of the Constitution of Under Article 370 the Indian India with regard to the election isParliament cannot increase or reduce the applicable to Jammu and Kashmir withborders of the state. certain major modifications. The High Court of J&K has limited The provisions of the Constitution ofpowers as compared to other High India that law made by the Parliament inCourts within India. It can’t declare any regard to the delimitation of thelaw unconstitutional. Unlike High constituencies cannot be called into theCourts in other states, under Article 226 question in any court of law, do notof the Constitution, it can’t issue writs apply to the State.except for enforcement of FundamentalRights.Jammu-Kashmir : Facts, Problems and Solution 30
  32. 32. Discrimination with Jammu and Laddakh Historically, the present of the state in the hands of Kashmiriconglomeration of three heterogeneous Muslims. With Kashmir valley-centricregions of Jammu, Kashmir and Ladakh mindset Sheikh Abdullah deliberatelywere never an organic political entity. earmarked 43 seats for Kashmir, 30 forThis sharp inter-regional contradiction Jammu and 2 for Ladakh in the thenhas a ‘spill over’ in the political house of a 75-member Legislativeperception of the three dominant Assembly in the state, even though morecommunities of the respective region and than half of the population and 90 perintegration is absent. cent of the land area belong to Jammu Political domination of Kashmiri and Ladakh. Presently, in the house ofMuslims and their discrimination against 87-member legislative assembly in theJammu and Ladakh kept the latter state, Kashmir valley sends 46 membersneglected. Both these regions are raising and the rest is shared between the twothe issue of abject discrimination at all regions with 37 from Jammu and only 4possible levels but have failed to get from Ladakh. Of the total 6 Lok Sabhajustice in the name of containing seats in the state, Kashmir valley, Jammuseparatismin Kashmir valley. The neo- and Ladakh have been sharing 3, 2 and 1elite ruling section of Kashmir has seats respectively. The regional share ofconstantly discriminated several regions political representation in the state is notof Kashmir also. This clearly indicates in conformity with the strength ofthat this ruling class that captured the population and voters structure of thepower in the state in 1947 by pure respective region. The voters strength ofmanipulation and blackmail is interested Jammu (24,55,174), Kashmir valleyin enjoying the power only and haveno (24,22,765) and Ladakh (1,43719)respect for ideals they claim. vindicates the allegation that the people Political domination of Kashmiri of Jammu and Ladakh due to unevenMuslims: representation in the state Legislative Assembly were discriminated in the The democratic process in the state of decision making process in the state.Jammu and Kashmir was initiated with There are also allegations that in thefirst assembly election in 1951. But by absence of the control of the Electionmaneuvering the dominant political Commission of India in conducting therepresentation of the valley in the state election in Jammu and Kashmir till 1967,Legislative Assembly, Sheikh Abdullah the National Conference manipulatedmanaged to place the political command the rejection of the nomination of31 Jammu-Kashmir : Facts, Problems and Solution
  33. 33. opposition candidates to maintain its But Wazir Commission report was nothegemony in the political control of the implemented putting the people ofstate. most backward areas of Kishtwar, Where as Kashmir Region (province) Rajouri and Samba to great financial /had only three districts (Anantnag, developmental disadvantage. And toBaramulla and Muzafarabad ). After 1947 add to this, so strangely, it was in 2006invasion from Pakistan side some areas that without any rational study Ghulamof Mirpur district and Muzafarrabad Nabi Azad lead Congress Governmentwere encroached by Pakistan as POK. carved 4 new districts in KashmirAs far as the administrative units of Division as against only oneMaharajas J&K are concerned, before recommended by Wazir Commission in1975, Jammu Region had six districts ( 1984. Where as for Jammu Region asJammu, Kathua, Udhampur, Rajouri, against 3 recommended by WazirPoonch and Doda } spread over nearly Commission only four were created.26000 sq Km where as Kashmir region This way Jammu region was given justhad only three ( Anantnag, Baramulla 33 % more than what Wazir Commissionand Srinagar ) districts( 2.5 Districts of recommended where as Kashmir regionPre 1947 days ) spread over nearly 16000 was given 300 % more than what Wazirsq km But as regards Kashmir region the Commission had recommended. So,number of districts was arbitrarily overall a net financial advantage wasincreased to 6 districts (Srinagar, intentionally and irrationally tiltedBadgam, Baramulla, Kupwara, towards to Kashmir Region.Anantnag and Pulwama) in At overall planning and1978/79..Where as the cause of Jammu development level too Jammu regionregion was neglected, rather it could be has been neglected , if not discriminated.termed discrimination.This surely made The road net work in this region hasthe case of Kashmir Division more remained severely overlooked uptostronger for additional development 2005 and the connectivity was just lessfunds based on the number of districts . than 40 % as compared to Kashmir Similarly Wazir Commission region till the last delimitation was done.recommended three new districts for No doubt climate wise KashmirJammu region in 1984 { Samba/ Bahu, Valley has more uniformly distributedReasi and Kishtwar ) and only one more tourism friendly locations and sites. Butfor Kashmir division. This way Jammu Jammu region does have many goodregion would have got more areas worth development of summerdevelopment funds taking into tourism, adventure tourism and pilgrimconsideration 9 districts for Jammu tourism. Rather Jammu region has muchRegion and only 7 for Kashmir division. more scope for pilgrim tourism asJammu-Kashmir : Facts, Problems and Solution 32