October 4, 2024: Impossible Peace in Kashmir: Understanding Indo-Pak Tensions in the Disputed Territory by Suravi Kumar, MA Security Policy Studies

Background

What makes peace in Kashmir a complex possibility? Why is Kashmir the reason for hair-trigger hostilities between India and Pakistan? The conflict in Kashmir is far from simple, and it is far from being resolved. For the past seventy-five years, the neighboring countries of India and Pakistan have fought over the territory in numerous wars and border skirmishes as well as attempted to achieve through countless negotiations, with no success. As of today, Kashmir is divided between India and Pakistan. Indian-Administered Kashmir is split into two union territories: Kashmir and Ladakh[1]. Pakistan-administered Kashmir is also split into two administrative territories: Azad Kashmir and Gilgit-Baltistan. Religion has been a significant factor in the conflict as both Muslims and Hindus have a stake in Kashmir’s final status. Before its division, Kashmir was a Muslim-majority state with a large Hindu minority. There are numerous aspects to the ongoing conflict, which has only complicated the idea of peace in Kashmir.

Kashmir’s Wars and Violence  

Conflict and violence in Kashmir are not uncommon; India and Pakistan have gone to war officially four times, in 1948, 1965, 1971, and 1999, in an attempt to alter the borders of Kashmir to their favor, however, each time was unsuccessful[2]. Though there has not been a full-blown conflict since 1999, India and Pakistan have been engaging in major border skirmishes that have threatened the fragile peace, running the risk of escalating into an armed conflict. The origins of conflict in Kashmir stem back to the British Raj’s independence in 1947 and the subsequent partition of the subcontinent into a Hindu India and a Muslim Pakistan. Pakistan was keen on having Kashmir as it would have supported their national ideology of being a homeland for Muslims in South Asia. On the other hand, India was keen on having Kashmir as it would support their national ideology of a secular nation, a homeland for numerous ethnicities and religious communities. The Hindu King of Kashmir was wary of joining either nation due to Kashmir’s Muslim majority but also its Hindu minority. However, the Pakistani invasion of Kashmir forced the king to accede the state to India in return for military support from India, starting the First Kashmir War in 1948, which ended with a ceasefire and division of Kashmir between India and Pakistan. Since 1948, Kashmir has remained divided, with India and Pakistan’s ultimate goal being their complete accession of the state. Simultaneously, pro-separatist movements and insurgency have been rampant in Indian Kashmir for over twenty years. Various militant groups aimed at separating Kashmir from India and either creating an independent state or acceding to Pakistan. Insurgent groups operating in Kashmir receive covert support from the Pakistani army, which has only fueled India’s animosity towards its neighbor. The insurgency and religious unrest destabilized the state as insurgents attacked Indian central government interests and those who did not support their cause, as well as forced thousands of Kashmiri Hindus to flee[3]. Kashmir has been marred with violence and conflict for decades with little advancement to peace and stability.

The State of Human Rights

The state of human rights in both Indian-Administered and Pakistani-Administered Kashmir is abysmal and has been a serious concern for international human rights groups. As per Freedom House, both Indian and Pakistani Kashmir are understood to be “not free” in terms of political rights and civil liberties. Though both India and Pakistan argue against the accusations of human rights abuses within their own Kashmir, it is very present and continues to be an obstacle to sustainable peace in the territory[4]. On both sides of the border, there is widespread suppression of media freedom, freedom of political expression, suppression of the idea of an independent Kashmir, and frequent human rights violations[5]. The human rights abuses committed by the Governments of India and Pakistan are seen as a way to suppress the Kashmiris’ push for an independent Kashmir and continue to maintain heavy control over the territory. However, the human rights abuses not only undermine both governments’ control over their respective part of Kashmir but also further destabilize Kashmir, prolonging the conflict both in the territory and between India and Pakistan.

Implications of an Unresolved Kashmir

There are serious implications of an unresolved Kashmir not only for the South Asia region but for the international community. The largest consequence of the ongoing dispute has kept India and Pakistan hostile towards each other, increasing the possibility of an armed conflict between the two nations in the near future. To make matters worse, both nations have nuclear weapons, increasing the probability of a nuclear conflict if tensions were to escalate. The conflict, along with the suppression of civil liberties and the continuation of human rights abuses by both governments, have resulted in Kashmiris’ deepened distrust in the respective government as well as in the peace process. The conflict and insurgency has kept Kashmir unstable, unsafe, and underdeveloped for Kashmiris. Kashmir is a multifaceted conflict; there are numerous conflicts within the territorial dispute. Kashmir is a conflict for its territory and its strategic position. If either country were to maintain control over the entirety of Kashmir, it would give them a crucial upper hand in the India-Pakistan security dilemma. There is also a major water conflict within the Kashmir conflict; the Chenab, Jhelum, and Indus Rivers fall from Kashmir into both India and Pakistan, they are a vital source of energy and agricultural support for the two countries[6]. Complete control over Kashmir would also give complete control over its rivers, which would give either country a large advantage over the other. An unresolved Kashmir puts the entire South Asia region at risk of continued destabilization and violence.

Solutions to the Long Conflict

Despite the failure to reach a sustainable solution to the Kashmir territorial dispute, there are possible solutions outlined. The first solution is the complete accession of Kashmir to India, which would be favorable to India, but not to Pakistan or the Kashmiri Muslims. The second solution is the complete accession of Kashmir to Pakistan, which would be favorable to Pakistan, but not to India or the Kashmiri Hindus and Buddhists. The third solution is the creation of an independent Kashmir, which would be favorable to the Kashmiri people, but not to India or Pakistan. The fourth solution is the acceptance of the status quo in Kashmir and making the line of control the permanent border between India and Pakistan. This solution isn’t favorable to India, Pakistan, or the Kashmiri people; however, it seems to be the most realistic solution as the two countries remain deadlocked over Kashmir. If the solutions outlined are unpopular with India, Pakistan, and the Kashmiri people, then is there a sustainable solution to the territorial dispute? The complete accession of Kashmir to either India or Pakistan is very unlikely, but could Kashmiri statehood be a sustainable solution? Could both countries agree on making the status quo of Kashmir permanent, or is peace in Kashmir inevitably doomed? The various complexities in Kashmir such as the religiously diverse demographic of the territory and the role of water control from its rivers have kept Kashmir unresolved for decades. Past ceasefires and negotiations over Kashmir have failed to bring sustainable peace, and these negotiations largely exclude the Kashmiri people. It is time for India and Pakistan to begin bilateral talks on resolving the Kashmir territorial dispute, with a third-party mediator and most importantly, with Kashmiri involvement in the peace process this time. Kashmir is a complicated conflict that has gone on for too long and has damaged relations between India and Pakistan as well as hindered development in the territory; it is high time for the international community to support India, Pakistan, and the Kashmiri people in its efforts to decisively resolve the conflict.

Work Cited

Center for Preventative Action. (2024, April 9). Conflict Between India and Pakistan | Global Conflict Tracker. Council on Foreign Relations. Retrieved November 6, 2024, from https://www.cfr.org/global-conflict-tracker/conflict/conflict-between-india-and-pakistan

Freedom House. (2024). Indian Kashmir: Freedom in the World 2024 Country Report. Freedom House. Retrieved November 6, 2024, from https://freedomhouse.org/country/indian-kashmir/freedom-world/2024

Freedom House. (2024). Pakistani Kashmir: Freedom in the World 2024 Country Report. Freedom House. Retrieved November 6, 2024, from https://freedomhouse.org/country/pakistani-kashmir/freedom-world/2024

Ganguly, M. (2019, July 10). Kashmir: UN Reports Serious Abuses. Human Rights Watch. Retrieved November 6, 2024, from https://www.hrw.org/news/2019/07/10/kashmir-un-reports-serious-abuses

Human Rights Watch. (1999, July 1). Behind the Kashmir Conflict: Abuses by Indian Security Forces and Militant Groups Continue | HRW. Human Rights Watch. Retrieved November 6, 2024, from https://www.hrw.org/report/1999/07/01/behind-kashmir-conflict/abuses-indian-security-forces-and-militant-groups-continue

Jacob, H. (2020, August 5). Toward a Kashmir Endgame? How India and Pakistan Could Negotiate a Lasting Solution. United States Institute of Peace. Retrieved November 7, 2024, from https://www.usip.org/publications/2020/08/toward-kashmir-endgame-how-india-and-pakistan-could-negotiate-lasting-solution

Kronstadt, K. A. (2019, August 14). Kashmir: Background, Recent Developments, and U.S. Policy. CRS Reports. Retrieved November 6, 2024, from https://crsreports.congress.gov/product/pdf/R/R45877

Snedden, C. (2019, April 9). What Kashmir’s Looming Water Crisis Means for India-Pakistan Relations | The National Bureau of Asian Research (NBR). National Bureau of Asian Research. Retrieved November 6, 2024, from https://www.nbr.org/publication/what-kashmirs-looming-water-crisis-means-for-india-pakistan-relations/


[1] Kronstadt, K. A. (2019, August 14). Kashmir: Background, Recent Developments, and U.S. Policy. CRS Reports

[2] Center for Preventative Action. (2024, April 9). Conflict Between India and Pakistan | Global Conflict Tracker. Council on Foreign Relations

[3] Human Rights Watch. (1999, July 1). Behind the Kashmir Conflict: Abuses by Indian Security Forces and Militant Groups Continue | HRW. Human Rights Watch.

[4] Freedom House. (2024). Pakistani Kashmir: Freedom in the World 2024 Country Report. Freedom House.

[5] Ganguly, M. (2019, July 10). Kashmir: UN Reports Serious Abuses. Human Rights Watch.

[6] Snedden, C. (2019, April 9). What Kashmir’s Looming Water Crisis Means for India-Pakistan Relations | The National Bureau of Asian Research (NBR). National Bureau of Asian Research.

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