Kashmir Conflict.The unsolved

controversy between two brothers.

Contents

A. Introduction.B. Instrument of accession.C. Indian’s Prospective.D. Pakistan’s prospective.E. China’s Prospective.F. Article 370.G. Armed force special power act(AFSPA.).H. Present scenario. I. Conclusion.

Introduction.• Kashmir word originate from Sanskrit, which means Desiccated land.• Pashutun Durrani Empire ruled Kashmir in 18th Century.• Until 1819 it was ruled by Sikh ruler called Ranjit Singh.• In 1845-1846 Anglo-Sikh war took place and Kashmir has to sing Treaty of

Lahore with East India Company.• During independence Kashmir was a princely state ruled by Hindu Maharaja called Maharaja Hari Singh. He thought that he could make a independent state.• At present India covers about 47% of Jammu and Kashmir Pakistan

covers about 37% of it and the rest are covered by China.

Instrument of accession.• After Tribesman attacked Jammu and Kashmir the Maharaja singed a

treaty with India called instrument of accession.• The pact was singed between The Maharaja, Lord Louis

Mountbatten(Governor general of India in 1947).• On 25th October 1947 Maharaja singed a treaty with The Government of

India called instrument of accession.• The pact was implemented from 27th October 1947.• The pact States that Jammu and Kashmir is now a part of union of India.• The pact is already approved by United Nations, Indian Independence act

1947 and Government of India act 1935.

Continued…..• The pact also states that after when law and order is restored in

Jammu and Kashmir states accession will be in hands of its people.• After singing treaty Government of India deployed Armed forces in

Jammu and Kashmir.

Indian’s Prospective.• India fought three wars with Pakistan in 1947, 1965, 1999.• The war of 1947 was fought till 1948 after which United Nation Intervened

into the matter.• The first law by UN was implemented successfully that is United nations

security council resolution 1172.• But the United Nation security council resolution 47 one can’t be

implemented successfully as Pakistan failed to withdraw its army from Kashmir.• India does not accept the two-nation theory that forms the basis of

Pakistan's claims and considers that Kashmir, despite being a Muslim-majority state, is in many ways an "integral part" of secular India.

Continued…..• The state of Jammu and Kashmir was provided with significant

autonomy under Article 370 of the Constitution of India.• Insurgency and terrorism in Kashmir is deliberately fueled by Pakistan to

create instability in the region. The Government of India has repeatedly accused Pakistan of waging a proxy war in Kashmir by providing weapons and financial assistance to terrorist groups in the region.• Pakistan is trying to rise anti-India sentiments in Kashmir's peoples

mind.• India claims that Pakistan Occupied Kashmir (POK) are lacking behind of

political reforms.

Continued…..• All differences between India and Pakistan, including Kashmir, need

to be settled through bilateral negotiations as agreed to by the two countries under the Simla Agreement signed on 2 July 1972.• Karan Singh, the son of the last ruler of the princely state of Kashmir

and Jammu, has said that the Instrument of Accession signed by his father was the same as signed by other states. He opined that Kashmir was therefore a part of India, and that its special status granted by Article 370 of the Indian Constitution stemmed from the fact that it had its own constitution

Pakistan’s Prospective.• Pakistan insists that the Maharaja was not a popular leader, and was

regarded as a tyrant by most Kashmiris.• Pakistan claims that Indian forces were in Kashmir before the

Instrument of Accession was signed with India, and that therefore Indian troops were in Kashmir in violation of the Standstill Agreement.• From 1990 to 1999, some organizations reported that the Indian Armed

Forces, its paramilitary groups, and counter-insurgent militias were responsible for the deaths of 4,501 Kashmiri civilians. During the same period, there were records of 4,242 women between the ages of 7–70 being raped.

Continued…..• Pakistan claims that Kashmiris are no longer willing to live with India.

It suggests that Kashmir wants to be with Pakistan or Independent.• According to Two nation theory Kashmir should be in Pakistan as it

has Muslim majority.• It says that Maharaja was nothing but a puppet of British

government he was not a heredity ruler.• It also argues that there is widespread killings and rape in the Kashmir

and many human rights are violated.

China’s Prospective.• China did not accept the boundaries of the princely state of Kashmir

and Jammu, north of Aksai Chin and the Karakoram as proposed by the British.• China settled its border disputes with Pakistan under the 1963 Trans

Karakoram Tract with the provision that the settlement was subject to the final solution of the Kashmir dispute.

Article 370.• It is a temporary provision made by Government of India which

provides special status to the state of Jammu and Kashmir.• The article 238 doesn’t apply in Jammu and Kashmir.• This article specifies that the states must concur in the application of

laws, except those that pertain to Communications, Defense, Finance, and Foreign Affairs.

Armed force special power act(AFSPA.).

• The act was passed by Government of India in 11th September 1958 and applied to Kashmir in 1990.• After giving due warning, Fire upon or use other kinds of force even if

it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order.• To arrest without a warrant anyone who has committed cognizable

offences or is reasonably suspected of having done so and may use force if needed for the arrest and many more inhuman rules are their.• In 2009 United Nation asked Indian Government to repeal AFSPA this

was not the first time UN has asked for it.

Continued…..• In 2012 UN also said that there is no place of AFSPA in Indian

Democracy.• A UN reporter visited Kashmir his statement was like a Black spot for

Indian Democracy "During my visit to Kashmir, AFSPA was described to me as 'hated' and 'draconian'. It clearly violates International Law. A number of UN treaty bodies have pronounced it to be in violation of International Law as well."

Present scenario.• There is always ceasefire violation on LOC which led to killing of both

sides of army personals and even the citizens nearby.• Presence of AL-Quida and other terrorist group in both parts of

Kashmir. They use Kashmir as their base camps.• Passing of China Pakistan Economic Corridor through Pakistan

occupied Kashmir has given boost to the conflict in the recent times.• Vote turnout in Kashmir in 2014 elections was about 65%.

Conclusion.• The scenario are made by the politicians for their own Interest.• Their should be more intervention of United Nation so that peace

could be restored.• Armed Force Special Power Act should either be repealed or it should

be modified because government are meant to protect people they are not meant to kill the or rape them.• Their should be no Indian Prospective, Pakistan’s Prospective or

China’s Prospective only the prospective of Kashmir’s people should be reorganized.

THANK YOU……