Kashmir issue | History & Solution

Kashmir was ruled by Afghan Durran and in 1819 was conquered by the Sikh Empire under Ranjit Sindh. Following the first Anglo-Sikh War (1845-46) Kashmir was ceded under the Treaty of Lahore to the East India Company, which transferred it to Gulab Singh (in 7.5 million nansakhee rupees) through the Treaty of Amritsar. From 1846 till the partition of India, Kashmir was ruled by Maharaj Gulab Singh's Dogra Dynasty as a princely state under British. The British managed defense, foreign affairs and communications and stationed a British Resident in Srinagar to oversee the internal administration.

According to the 1941 census, the state's population was 77% Muslim, 20% Hindu and 3% others (Sikhs and Buddhists). The Muslim majority suffered under the high taxes of the administration and had few opportunities.

After partition, princely states were to choose whether to join India or Pakistan or remain independent. Maharaja Hari Singh choosed 3rd option. When Muslim population demanded to join Pakistan, Maharaja suppressed them with Hindu Dogra troops including members of RSS (Rashtriya Swayamsevak Sangh). Brutal killings of Muslims resulted in rebellion by Muslims of western districts of Jammu and Kashmir against the Maharaja. Pakistan's border Pashtun tribal men entered into Jammu and Kashmir to help the vulnerable Muslims. They soon controlled most of the western parts of the state and formed a provisional Azad Kashmir Government on 24.10.1947.

Being helpless, Maharaja asked India for help, but the government of India required accession to send troops. Accordingly, the Maharaja signed a provisional instrument of accession on 26 Oct 1947, which was accepted by Governor General Lord Mountbatten the next day. Only defense, foreign affairs and communications were ceded to the Government of India, and others to be discussed after the state is cleared of the invaders. While the Government of India accepted the accession, it added the provision that it would be submitted to a reference to the people after law and order prevails. Since only the people, not the Maharaja, could decide where the Kashmiris wanted to live; it was a provision of accession. In the north of the state, Gilgit-Baltistan was joined to Pakistan according to the wishes of its inhabitants.

Moreover, in response to Indian Forces, Pakistan nationals joined Pashtun Tribals for helping the vulnerable Muslims. Being helpless to halt the invasion, the Government of India went to the United Nations.

United Nations Security Council passed its Resolution 47 in April 1948, which resulted in a ceasefire and ceasefire line(LOC-Line of Control in 2-July 1972 Shimla Agreement after 1971 Indo-Pak war) between India and Pakistan. India gained roughly 2/3rd of Jammu and Kashmir (Jammu, Kashmir Valley and Ladakh) and Pakistan gained roughly 1/3rd third of Kashmir (Gilgit-Baltistan and Azad Kashmir).

Moreover, UNSC established a Commission and instructed it to go to the subcontinent to help the Government of India and Pakistan to restore peace and prepare for a plebiscite to decide the fate of Kashmir.

The Commission recommended a three step process:

1. Pakistan was asked to withdraw all nationals.

2. India was asked to reduce its forces to a minimum level required for law and order.

3. India was asked to appoint a plebiscite administrator nominated by the UN, who would conduct a free and impartial plebiscite.

Through Presidential Order 1950, Indian Government gave special status to Jammu and Kashmir under Article-370 of the Indian Constitution, conferring it with the power to have a separate Constitutional Assembly to make a separate Constitution (would define that to what extent the Indian Constitution would apply to the state), a state flag and autonomy over the internal administration of the state. Moreover, The Presidential Order 1954 added Article-35A under Article-370, which empowered the state legislature to define "permanent residents" of the state and provide special rights and privileges like; the ability to sale/purchase land and immovable property; vote and contest elections; government employment; higher education; and health care.

After the Indo-Pak war of 1971, both the Governments signed the Shimla Agreement on 02 July, 1972. According to it, both the countries will "settle their differences by peaceful means through bilateral negotiations".

On 5 August 2019, the Government of India issued a Presidential Order(Jammu and Kashmir Reorganization Bill, 2019), superseding the 1954 order to abolish Article 35A.

Why is the Kashmir dispute not resolved yet?

• Lack of unity within the Kashmir resistance: Kashmiri resistance divided between Jammu and Kashmir Liberation Front (JKLF) and Hizbul-Mujahideen, and some others. JKLF wants independence but Hizbul-Mujahideen wants the implementation of UN Resolution of Kashmir and eventual accession to Pakistan.

• Indian Intransigence: India is using delaying tactics to implement the UN Resolution regarding plebiscite. Moreover, India wants to change the LOC into an international border. Moreover, India has refused any kind of mediation in the pretext of Shimla Agreement's provision that Kashmir dispute will be resolved through bilateral negotiations. Furthermore, India has labeled the Kashmiri freedom fight as terrorism at international forums.

• Unbalanced Pakistan policy: Pakistan hadn't maintained a long-term policy regarding Kashmir dispute. Moreover, Muslilm world has never openly supported Pakistan in this regard. However, the Shimla Agreement has sabotaged the resolution of the Kashmir issue.

• Inhospitable International Environment: UNO has shown non seriousness since the first day because of strong trade relations of India with USA and European countries.

Solutions and constraints over them:

• Independence: An idea favored by JKLF, but rejected by Hizbul-Mujahideen (dominant group). Moreover, Independence is thought as the third option by India and Pakistan, because India, Pakistan and China believe that an independent Kashmir would set a bad precedent for the balkanization of other restive areas of ethnic minorities in their respective states, and would become the hot bed of Western powers.

• Division: India favors the division of Kashmir along the present Line of Control, but this proposal is not acceptable to Kashmiris and Pakistan. Another option is to divide on religious grounds, which seems much better and practicable because Kashmir's population is much polarized on religious grounds.

• UN Trusteeship: Some scholars want to put Kashmir under trusteeship of the UN for five or ten years, to arrange a plebiscite. But Past record of the UN is not good in settling issues of third world countries like Iraq, Palestine etc. Moreover, both the countries would not agree on it.

• UN Resolution: UNSC's Resolution of April 21, 1948 proposed a package deal comprising three sections; withdrawal of forces, plebiscite and interim government in Kashmir. Both India and Pakistan raised several objections to the plebiscite scheme.

Conclusion: Kashmir has been a bone of contention between two nuclear countries polarized in the name of the religion. It is the duty of the United Nations, European Union, Russia, China and Muslim world to resolve the Kashmir issue for the sake of international peace. Various solutions have been tried but failed. That’s why there is only one option left to apply; division on religious population base as of India in 1947.

Causes of Corruption in Pakistan

In 1996 the international anti-corruption NGO Transparency International (TI) rated Pakistan as the second most corrupt country out of the 54 they had surveyed.  The joke making the rounds in Pakistan at the time was that Pakistan was actually in first place but the government had bribed TI to put Nigeria ahead of Pakistan!

The culture of corruption was promoted in the colonial system of administration by the award of lands, titles and jobs to a specific group supporting colonial objectives as part of political bribery. settlement of refugee claims.

Major issues which have been the main cause of corruption:

• Public Utilities

• The Tax Regime (Evasion/Leakage)

• Public Sector Banking

• Public Sector Expenditures

• Underground Economy

Main Causes of Anti-Corruption Failure:

• Misuse of the Agencies by Successive Governments

• Poor investigations and lack of professional expertise

• Misuse of mandate by the Investigating Agencies

• Lack of Fair and Just Accountability

• Kinship based politics

• Military interference (directly or indirectly)

• The Incompatible Legal Judicial System

• Appointment of Heads of Investigating Agencies on political grounds

• In-adequacies & Institutional Weakness of the Anti-Corruption Agencies

Various acts/laws regarding anti-corruption have been passed since 1947. Moreover, for the prevention of corruption, departments like FIA, Ombudsman, NAB, Anti-Corruption have been established, but useless.

First Director General of NAB , was removed because he wanted to extend ‘accountability’ to senior military officers. The National Reconciliation Ordinance (NRO) gave Benazir Bhutto, Asif Ali Zardari and a few other politicians and some 8,000 civil servants full immunity for all acts committed between 1986 and 1999. After assuming presidency, Mr. Asif Ali Zardari, NAB could not pursue corrupt politicians but only go after relatively low-ranking bureaucrats. That’s why NAB became a toy in the hands of the establishment and the pro-establishment government to punish opposition.

Pakistan Movement 1857 - 1947

    Sir Syed Ahmad Khan wrote "Asbab-e-Bagawat-e-Hind", in which he blamed British Government for their miscalculated policies due to unawareness of Indian Culture. This booklet mitigate the miserable condition of the Muslims of Sub-continent after the revolt (mutiny) of 1857. He wrote "Tabaeen-ul-Kalam" to draw out similarities in Islam and Christianity. Moreover he wrote Tahzib-ul-Akhlaq to revive Muslims society.

    Scientific Society Established to translate English Books at Ghazipur in 1864 and transferred to Aligarh in 1866, and Aligarh Movement starts here with:

• Loyalty to British Government.
• Modernizing Muslims with English language and Western sciences to compete with Hindu counterparts.
• Keeps Muslims away from politics.

    He visited Europe along with his son to study their educational structure and apply it in Sub-continent. Upon arrival, he established Anjuman-Taraqqi-e-Musalmanan-i-Hind to raise funds for establishment of an educational system like West. Mohammadan Anglo Oriented School at Aligarh was established in 1875 and upgraded it to college level in 1877. It became university in 1920.

    Prominent Muslim personalities who were part of Aligarh Movement during his lifetime or afterwards:

• Khawaja Salimullah (Nawab of Bengal)
• Maulana Shibli Nomani
• Nawab Mohsin-ul-Mulk &Nawab Waqar-ul-Mulk
• Nazir Ahmad Dehlvi
• Hasrat Mohani
• Agha Khan III
• Molana Hali & Molana Zafar Ali
• Molana Shaukat Ali & Molana Johar Ali (Ali Brothers)

    In early, he was in favor of Muslim-Hindu unity, but Urdu-Hindi controversy in 1867 forced him to say that being two different groups (Hindus and Muslims) and it is impossible to unite them. (Two Nation Theory)

    All India Mohammadan Educational Conference was established by Sir Syed Ahmad Khan and All India Muslim League (AIML) was formed in its 20th annual session at Dhacca.

    When the partition of Bengal was reversed, Nawab Salimullah of Bengal sent a deputation (consisted upon 35 top Muslim members from Aligarh Movement) under the presidentship of Sir Agha Khan to meet with Lord Minto on 01.10.1906 (Simla Deputation). This deputation met with Lord Minto in Shimla and demand for political representation for Muslims. Shimla deputation was a landmark for the Muslims, because, in Subcontinent, it was the first time that Muslims demanded political rights, especially demand for separate electorate for Muslims, and luckily this right was included in Minto-Morley Reforms of 1906.

    After Simla deputation, Nawab Salimullah published in a newspaper, asked Muslims of Subcontinent to make a political party for the rights of the Muslims. Members of Aligarh Movement requested Nawab to host the next upcoming 20th annual All Muhammadan Educational Conference at his own cost. Consequently, Nawab hosted 2000 people from all over the Subcontinent during 27th-30th December 1906. All India Muslim League was founded on 30th December, 1906. Sir Agha Khan became its President and Khawaja Salimullah its founder and Vice-President.

    Lukhnow pact (December 1916) was an important event in the history, when both the parties convened a joint conference to demand Indian autonomy from British Government. In this meeting, congress agreed to the demand of separate electorate by AIML. Moreover, in this meeting, they jointly presented some demands before the British Government:

• Increase in elected seats.
• A law concerning minorities should not be passed without their consent.
• Protection for minorities in provinces.
• Autonomy for provinces.
• Separation of executive from judiciary.
• Executive and legislative assembly should have more than half elected members.

    Due to Lucknow Pact, both parties pressured British Government to give weightage to the Indians and consequently, in Government of India Act, 1919 diarchy system was introduced at provincial councils, giving some autonomy.

    Jinnah Joined Indian National Congress in 1906 and AIML in 1913, but left Congress in 1920 due to non-cooperation movement started by Mohandas Karamchand Gandhi and rejected of GOIA, 1919 by Congress. Because, he was in favor of self-rule for India through constitutional means.

    Sir John Simon was assigned a commission (1928) to present a report on constitutional reforms in India. Both political parties rejected it due to non-involvement of any Indian in this commission.

    Motilal Nehru with his son Jawaharlal Nehru chaired a conference on 28.08.1928 (Nehru report) demanding dominion status for India with federal setup and joint electorates with reserved seats for minorities in legislative in upcoming Constitution of India.

    In response to Nehru Report, Jinnah gave his 14 points (in March 1929):

1. Federal government system.
2. Sovereignty/autonomy to all the provinces.
3. Representation according to population in provinces.
4. Muslim representation in central legislation not less than 1/3^rd.
5. 1/3^rd Muslim representation in cabinet at central and provincial level.
6. Separate electorate, if a community demands.
7. Any provincial partition should not affect Muslim majority.
8. Religious liberty for all communities.
9. No bill shall be passed, until 3/4^th of that community approves it, to whom it concerned.
10. Separation of Sindh from Bombay.
11. Reforms in Balochistan and NWFP and equal opportunities like other provinces.
12. Adequate share for the Muslims in government services.
13. Protection for Muslims culture, education, language, religious and personal laws.
14. Amendment in Constitution with the consent of provinces.

    Simon Commission proposed (in May 1930) representative government at provincial level with separate electorate. Government of India Act, 1935 was mostly based on this commission.

    In Government of India Act (GOIA), 1935 was based on Simon Commission report and most of the points from Jinnah’s 14-Points were incorporated.

    Dr. Allama Muhammad Iqbal during his presidential speech at AIML's annual session on 29.12.1930: "I would like to see the Punjab, NWFP, Sindh and Balochistan amalgamated into a single state with self-government under British rule or without British rule. At least, North-West state appears to me the final destiny of Indian Muslims."

    Round Table Conferences were convened from 1930 to 1932. Jinnah was invited in first two but not for the third (last). These conferences failed due to the non-participation of important political parties and the deadlock during these meetings. Due to the failure of these conferences, Jinnah became disappointed and remained in Britain, until Iqbal wrote him letters to come back in 1934.

    Elections were held in 1937 under the provisions of GOIA, 1935. Congress won with majority in provinces and ruled through its Congress Ministries 1937-39. Moreover, Congress Ministries paved the way for partition of India and Creation of Pakistan:

• Hindi as national language.
• Congress flag as national flag.
• Vande Mataram as national anthem.
• Vidya Mandir scheme and Warda educational system at educational institutes.
• Ban on cow-slaughtering and construction of new Mosques.
• Harassment of Muslims during prayer.
• No opportunities for Muslims in Government services.
• Economical and agricultural exploitation of Muslim businessmen.
• Judiciary was directed to target Muslim.

    Raja Syed M. Mehdi and Mr. Shareef presented Pirpur Report, 1938, and Sharif Report report, 1939, respectively. In these reports, brutalities carried out by Congress-ministries against Muslims were mentioned. Moreover, they revealed the Congress supported anti-Muslim League groups and threated pro-Muslim League people.

   Indian National Congress demanded transfer of power if they wanted Indian involvement in WWII, but British denied this demand and announced involvement. As a protest, Congress ministries resigned on 22nd October, 1939. Qaid-e-Azam Muhammad Ali Jinnah asked to celebrate a Day of Deliverance on 22 December, 1939 as a thanksgiving.

    In 1940, at annual session of AIML, Mr. Jinnah spoke on Two Nation Theory, which states that Muslims and Hindus of India are two different nations with different religions, traditions, customs, heroes, etc. Hence, they cannot live peacefully within a country. Then, A. K. Fazlul-Haq presented (Lahore) Resolution on 23rd March, 1940 before an estimated 1,00,000 attendees. Important points of Lahore Resolution:

1. “No constitutional plan would be acceptable, unless India is demarcated with necessary territorial adjustments into two independent states. And, the units should be autonomous and sovereign.”
2. “The constitution of new homeland shall provide safeguards for minorities in all aspects.”

These provisions were for the satisfaction of smaller provinces, and for minorities.

    Maulana Zafar Ali Khan, Sir Abdullah Haroon, Sardar Aurangzeb and Qazi Esa presented Punjab, Sindh, N.W.F.P and Balochistan respectively.

    Hindu Press ridiculed the Lahore Resolution and called it Pakistan Resolution, and named it as a demand of creation of Pakistan.

    Due to successive victory of Japan in WWII, British sent Cripps Mission to India in 1942 to negotiate with both the political parties and to make convince them to postpone their independence struggle till the end of war. Stanford Cripps assured that after war, India shall be granted the status of dominion status and a constitutional assembly will be made for the upcoming constitution of the country, but both the parties rejected it. Gandhi went on “Do or Die” and launched “Quit India Movement” on 8th August, 1942. This campaign was crushed and whole the leadership of INC was jailed.

    According to C. R. Formula, Mr. Gandhi met with Mr. Jinnah in September, 1944 and said that, if AIML joins INC, and they get independence from British, India shall be demarcated according to adult suffrage. Foreign relations, currency, communication and defense shall be controlled with mutual agreement. Mr. Jinnah refused this offer wisely, because on the same terms Sikhs were betrayed by the Indian National Congress.

    On 14th June, 1945, Shimla Conference was convened by both the parties, invited by Lord Wavell at Viceregal Lodge, Shimla. In this conference, they were offered all positions except Viceroy and Defense, but the plan was failed due to non-agreement between the both the parties.

    To transfer power to Indians, Cabinet Mission came India in 1946 with a plan of division of India into three administrative groups (A, B & C) with a common center. Muslims majority provinces in West and East would comprise two groups, and the third group would comprise of Hindu majority provinces. All the groups shall sovereign except foreign affairs, communication, defense and currency. Moreover, princely states shall enjoy the powers like a group. Both the parties agreed to this plan. In a conference, Nehru said that we’re not bound to commission and if a province does not want to join a group, shall remain independent. In reaction to this, Mr. Jinnah stated this speech another treachery by Congress, and reversed his assent to this plan. In a hurry, Lord Wavell made an interim government with Jawaharlal Nehru as Prime Minister. Due to refusal of grouping plan and non-consultation by the British government, led to “Direct Action Day” on 16th August, 1946 by AIML for the demand of Pakistan.

    In Provincial Elections 1946 Muslims League won majority of Muslim seats while Congress won majority of non-Muslim seats. But provincial government couldn’t perform smoothly, especially in Punjab, where communal riots erupted due to Sikh resistance over Punjab’s division because of Pakistan’s demand by Muslims.

    On 3rd June, 1947 Lord Mountbatten announced that India shall be independent on 15th August 1948 (3rd June / Mountbatten Plan). Moreover, the legislative assemblies of the provinces would decide whether to divide it and join with either dominion state. Princely states were free to join either state or remain independent. A boundary commission will be made up for the demarcation.

    Punjab and Bengal were demarcated between Pakistan and India by Radcliffe Award.

    On 18th July 1947, British Government passed Government of India Act, 1947, which states that:

• India and Pakistan shall govern under the GOIA, 1939, until their legislative assemblies prepare their own Constitution.
• Dominion states shall be sovereign and autonomous.
• A boundary commission will demarcate the Punjab and Bengal.
• Army, civil servants, economy shall be divided.

    Mr. Jinnah in his first speech to the Constituent Assembly of Pakistan on 11th August, 1947:

• Today you are free to go to your Temples, or Masajids or to your worship places freely.
• Muslims and Hindus should cease to be Muslims and Hindus not in the sense of faith but political for the welfare of the newly homeland.

    By the grace of the Almighty Allah, independence of Pakistan was announced on 14th August, 1947.