Tri- Lateral Talks: When Bi- Lateral Just A'int Enough

Pakistan emphasizes that talks between them and India must be maintained to not only solve the issues in Kashmir but for the development of the entire South Asia region. However, this was followed by a request to bring in a third party to form the trilateral talks with parties representing Pakistan, India and the people of Kashmir.

Pakistan has said that the Kashmiri people will be the most affected by the outcome of the talks and therefore need to be privy to the talks themselves. This statement has largely been supported by the Kashmiri people and has shifted the baton of power towards Pakistan in the minds of the people.

Source: dnaindia.com

India has no concrete statement regarding this issue and this has left a taste of uncertainty in Kashmir.  The Kashmiris who support India now wonder whether they made the right choice as it makes sense to involve the Kashmir people in the talks. Since Kashmir welfare is the top priority, people believe that India should let a third party join the talks and ensure that the discussions are steered in the right direction.

One of the reasons India could be forestalling is because this could mean complicating and undermining the position that India is in.  It is widely believed that India was on the verge of completing the talks that provide India a favorable outcome.  Pakistan, seeing no way out, decided that involving a third party would not only prolong the talks but change the entire dynamics of it, effectively starting the talks afresh.

This would hinder the welfare and growth that Kashmir is currently experiencing and also prolong any legislation that the people are waiting for as the presence of these talks would provide obstacles to the smooth functioning and development of Kashmir.

No Maps for these Territories

The Senkaku/ Diaoyu are a cluster of islands off the coast of Taiwan that are in close proximity to both Japan and China. The reason that these islands have been a source of conflict is that they are of Geo- strategic importance to both China and Japan who are both competing to expand their sphere of influence in the region. Japan has the distinction of being one of the countries that has an amount of consideration for land claims, even if it does not skimp on security arrangements to back its own claim.

Map Unveiled by China in 2014
Source: dailymail.co.uk

Under Shinzo Abe, there has been a distinct change of narrative that has emerged from Japan. Its distinct nationalist flavor now has diluted some of the bi- partisan brownie points that Japan might have earned in political discourse if it had maintained its school textbooks, and the different claims made by different countries over contested regions.

It is in this vein that I hope to bring up the Jammu and Kashmir and Arunchal Pradesh land issues that India faces in its interaction with both China and Pakistan. We shall stick with the problem of POK and the Aksai Chin region, since we are dealing with the Kashmir issue here. 

Status Quo Boundaries
Source: economist.com

As Claimed by Pakistan
Source: economist.com

As Claimed by China
Source: economist.com

As Claimed by India
Source: economist.com

Here I propose that as opposed to being militant and shrill about the land issues, it would make sense to educate children in the actual politics of land and how these varying claims also have varying degrees of legitimacy and Indians being aggrieved by this issue makes us no better than that one spokesman of the People’s Republic of China who claims that Arunchal Pradesh and China’s claim to it is for the purposes of ensuring that the people of China have an understanding of China’s “maritime” and “geographical” claims, as it were.

The only people who can legitimately be aggrieved by this situation are the people in the contested territories. Both the valley and Aksai Chin. Where, when the politics of the South East Asian region play out, we treat their homes like tiles on a chess board. 

Sources/ References:

The Economist on the Controversial Border Issue

China and the Modi visit to Arunachal Pradesh

China and Arunachal Pradesh

The Kashmir Conflict: A Historical Context

Kashmir is a matter of conflict between India and Pakistan before independence. It has lead to wars between these countries.  They have fought three wars for Kashmir, which includes the wars of 1947, 1965 & 1999. India is claiming the entire state of Jammu and Kashmir including Kashmir valley, Ladakh and most of Jammu. Pakistan has approx. 37% of Kashmir, known as ‘Azad Kashmir’.

In 1947, British rule in India ended with creation of a new country, Pakistan (earlier, part of India). All the states were free to choose either to join India or Pakistan or to remain independent. At that time, Jammu and Kashmir had majority of Muslim population ruled by Hindu King, Maharaja Hari Singh. He chose to join India. Muhammad Ali Jinnah, leader of the newly created Pakistan wanted Kashmir as it was Muslim dominated. The king did not decide anything for months and Pakistan sent a troop of raiders to force the king to join. The king fled to India and agreed to join India in return for protecting Kashmir from Pakistanis. Soon, India & Pakistan were involved in the war in 1947 & Pakistanis were pushed back.

Kashmir belongs to India as the last king had signed the instrument of accession to join India. Its history and culture is similar to the India.

Pakistanis has encouraged separatists for 5 decades and now, China has involved to be in aid of Pakistan.

Essentially, it is a two party conflict (between India & Pakistan) where external parties are quite interested.

Kashmir - My Perception

Kashmir denotes a larger area that includes Indian administered state of Jammu and Kashmir (consists of Jammu, the Kashmir valley and Ladakh), the Pakistan-administered territories of Azad Kashmir and the Chinese-administered regions of Aksai Chin and the Trans-Karakoram Tract.

The Kashmir dispute is a major territorial conflict between India and Pakistan that dates back to 1947.

The question is: To whom does Kashmir belong: India or Pakistan?

Well, it depends on who you ask.

As an Indian, I would say that Kashmir was not a part of British India and was an independent province under British suzerainty. Partition does not govern where Kashmir belongs. Accession is a matter to be decided by each Princely state. In 1948, when Pakistan attempted to annex Kashmir, the Hindu ruler of Kashmir signed up to accede with India to get India’s protection. He was supported by Sheikh Abdullah, the Muslim leader of Kashmir’s popular political party.

But if you ask any Kashmiri, he/she would say that the future of Kashmir should be determined by Kashmiris. Not by India, not by Pakistan. Some may want to remain in India, some may want to join Pakistan or some may want to be independent.

Though in reality,

Both India and Pakistan are nuclear powers. It is not easy for political super powers to adjudicate on this matter and force either India or Pakistan to do what the political powers think is fair.

Public opinion in both India and Pakistan are so entrenched that any politician who cedes Kashmir away will never get re-elected. Kashmir can be taken away only by force. Such force against a nuclear power is not easy; not available.

Therefore, the LOC is likely to remain a de- facto international border splitting Kashmir unfortunately into two: one under Pakistan control, one under India control.

Such a beautiful place and such a wonderful people caught in such a milieu of politics!

- Mosam Acharya

This is an opinion piece written by the author who has been credited, and the views that are expressed are exclusively hers.

Secularity, Autonomy, and Article 370

Article 370 was drafted in 1947 with the intention of being a temporary provision due to the ongoing territorial conflict between India and Pakistan over the Kashmir region. This clause grants special autonomous powers to the state and the debate over whether it should be abrogated or retained is still ongoing. 

The concessions given by Article 370 showed clear discrimination between the majority and minority communities. It resulted in the religious oppression of the Kashmiri Hindus who are the largest minority community in the region causing the numbers to dwindle even further. So while the rest of India enjoyed secular rights, a greater divide was formed in Kashmir due to the unequal rights of the communities. 

Source: thehindu.com

When Article 370 was drafted the condition for its abrogation was an agreement between the President of India and the Constituent Assembly. That Assembly is now defunct as it was disbanded in 1957 and hence, Article 370 can be abrogated without much delay - a point that has been raised quite often in arguments regarding this issue. However, this topic is multi-dimensional and can’t be viewed from just a single viewpoint. 

Any changes or the removal of Article 370 may result in a more secular and equal state but it would also cause dissatisfaction among the people of the Muslim majority community. The government is dependent on the votes of this community as well, causing a certain amount of delay and thought to be put into the option of making changes to this clause. People in this community aren't eager to become a part of the Indian nation either, claiming to be comfortable with their socio-economic scenario. 

Indian citizens may express discontent at not being allowed to enjoy the same privileges in Kashmir that they do in other states of India. While there may be an ongoing conflict about whether Kashmir belongs to India or Pakistan, a part of it remains under the Indian Territory and Indian citizens should be able to exercise their rights even there. This also gives rise to the question of whether every state in India should have its own laws governing the extent to which people can exercise their freedom.

Around the time of Independence, the Kashmiris were reluctant to become a part of India and preferred to remain an autonomous state as they felt separated from the rest of the nation. Now, India is secular and every religious community enjoys a certain amount of freedom and rights within the nation while Kashmir remains separated without that reason remaining. 

- Purnima Bala 

This is an opinion piece written by the author who has been credited, and the views that are expressed are exclusively hers.

Kashmir: Our Problem?

The Kashmir issue is many sided and has more layers than people would care to admit, since not admitting to the complexity of a problem is a lot easier than respecting the multi- varied dimensions of it. As said before, the problem that Kashmir poses to New Delhi is similar to any other counter- insurgency operation that has been undertaken by any government.

In military parlance the term used for a situation that had multiple points of origin and no clear targets, or easily identifiable/ tangible objectives (such as Afghanistan and the International NATO forces) was called a "Cluster Fuck". Which while apt couldn't be spoken of in the presence of official, so it was abbreviated to CF and then referred to as Charlie Foxtrot. The insurgency threat in the valley is a CF if there every was one.

You have a mostly Hindu peace keeping/ security force that is an almost entirely Muslim area. This split on communal lines need not exist, but the fact that it exists must not be ignored by politico's who have the power to shape the lives of entire families who inhabit the Kashmir valley. The constant threat that a child in the valley is in, can't be easily described.

A riot in progress
Source: http://kashmirinfocus.com

The Indian government has not done a great job at inspiring any sort of trust in the people. In addition the politicization of every issue that the state deals with ensures that the state will continue to be split on communal lines as long as political parties see it fit to do so. A recent example is how the BJP decided it was ethical, or at least alright to start accusing Abdullah and his National Conference of not ensuring that flood victims were rehabilitated and the disaster as a whole was contained.

The Jhelum floods over
Source: ibnlive.in.com

The Assembly election have presented another significant problem. The alliance between the PDP and the BJP seems quite perfect, but if one looks deeper, it seems to be a little counter- intuitive to have an alliance between two parties that are on completely opposite sides of an ideological spectrum. One of the strongest criticism of the UPA I and UPA II was that even though Dr. Singh might have been well meaning, he was curtailed by different factions of his coalition that just refused to co- operate on certain issues. Thus are the perils of a parliamentary system. The PDP and BJP alliance in the state legislature are going to be beleaguered by problems that can't even be imagined, and we didn't even have to wait very long before a comment crediting the Hurriyat for ensuring that elections went off without a hitch ensured that a parliamentary session was interrupted.

There might be any one solution to this problem, in truth there can't be, not when there are so many different factions that are vying for their own version of the promised land, or at least their home. Here is where David Malone again comes to my mind, and like he said, if India bases it's argument on the fact that the people of Kashmir are Indian, then why don't we begin acting like they are?

- Anirudh R.

This is an opinion piece written by the author who has been credited, and the views that are expressed are exclusively his. 

Couplet- 7

Agar firdaus bar roo-e zameen ast, hameen ast-o hameen ast-o hameen ast. 

English Translation:
If there is a paradise on earth, it is this, it is this, it is this.
- Amir Khusro

Said to have been said of the northern land that is now Jammu and Kashmir. Sources differ on whether Amir wrote it on Kashmir or whether Jahangir famously uttered this Farsi couplet when surveying the land.

The Resumption Of Talks: A Beginning?

The Kashmiri Separatist Leadership places great importance on people’s freedom to choose their own paths. This was brought to light when the Leadership criticized the Indian government of attempting to steal the Kashmiris’ power to shape their own destinies when India pulled out of talks with Pakistan.

The Pakistan government has huge support due to the Muslim population in present in the area but both parties control equal territories of the state. Although both parties control equal parts, they each claim that Kashmir belongs only to them - Pakistan due to heritage and India because of history.

However, with the decision of resumption of talks, the leaders have publicly supported both parties and have made several encouraging statements with regard to the outcomes of the talks that would lead to the welfare and development of Kashmir.

These talks were abandoned for various reasons and there seems to be no solution in sight as both parties declined to release any meaningful information about decisions that were formulated during the talks.

However, it is safe to assume that India has new information and solutions that would not only benefit its position but also help improve its image among the people of Kashmir, and prove to them that their welfare and prosperity is the priority of the Indian government.

An Eye- Witness Account

Gunfire and deafening blasts were common where I lived. It would be considered a good day if we didn't hear any of those. I remember when I was little; I used to flinch at noises and lived in constant fear of someone causing harm to my mother or me.

As I grew up, I stopped flinching. I got used to the specter that hovered over my head, but my fear grew in other directions. I no longer feared just for my mother, but for my friends, their brother and sisters and their families. The militants and the Indian army have been fighting for a very long time. Both say that they are fighting for our safety and freedom but neither of them realizes that their fighting is what is robbing us of our safety and freedom.

I never cared to join either side. I didn't see a solution. All I could think of was that I only had the power to wait until one of them destroys the other. Until then, I would keep working and keep my mother fed. I thought this was enough. I hoped it would be. I was walking home when I was caught in a gunfight. I ran for the nearest shelter, which was a burnt car. Then, there was darkness.

I woke up in a hospital and discovered that I could only see through my left eye. They said it was because of a tear gas canister. My mother was hysterical. I was then told of the outrage my injury had caused. The number of people that took to the streets in violent protests. I was angry at first but as time passed, I realized something. On that day, I realized that the side I wanted to pick. On that day, I lost one eye, but I gained a purpose.

- Purnima. Bala

The short tale above has been told with reference to a story that was published in the Washington Post on political and civil dissenters in the Kashmir valley. 

The Chinese Super- Highway

It has been confirmed through various sources that Pakistan is now seeking to help China build a superhighway connecting the south regions of China directly to Europe. This has been confirmed by both parties and has been a long standing project of China. The construction would be made considerably easier if the road is built through Pakistan-controlled Kashmir.

The advantages of having a super highway are huge not only in terms of financial gain but also the political and emotional support of the Kashmiri people. This project would create jobs for the people of Kashmir and also boost development along the route. This is one of many deals that have been concluded between Pakistan and China.

If the deal does go through, it will only improve the relations of Pakistan and China, which is unfavorable to India amidst prolonged tensions regarding the Kashmir territories. India must act now to stop this project as it can be used by Pakistan to tilt the support of the Kashmiri people further in their favor.

India needs to use the political instability in the proposed region and highlight the safety concerns that the current situation would bring to the users of the highway. Increased military actions to counter militant activities would only deteriorate the faith that people have in the super highway. This could lead to the road being unused and could ultimately cause China to suffer an enormous amount in loses.

India needs to stop the developments between Pakistan and China so that outside parties don’t interfere in the territorial conflict between India and Pakistan. 

Inshallah, Kashmir: Living Terror

Inshallah, Kashmir: Living Terror is a documentary by Ashvin Kumar. it has everything that inspires hope and desolation. From the sweeping visuals to the desolation of the home, he captures everything that exemplifies the struggle of the Kashmiri people. Often, attention is focused on either the Kashmiri Pandit ethnic conflict, or the separatists of the valley.

The Poster of Inshallah, Kashmir by Ashvin Kumar 

 By weaving together the testimonials of both ex- militants and ordinary citizens who are just searching for their fathers or brothers, a compelling case is made for a softer and more careful hand that the government can wield in the state.

Source: ibnlive.in

Watch the Documentary in Full Here:

The Exodus that Nobody Remembers

January 19 (or 21st by certain accounts) is infamous in India for being remembered as the anniversary of the exodus of the Pandits from their home, the Kashmir valley and also as the anniversary of the only ethnic cleanse in the modern history of the sub- continent. The Pandits who might have numbered anywhere between 15% and 20% at one point of time have slowly been whittled down to about 3,000 odd. Though these numbers are contentious, they tell a striking story of a people whose government has forsaken them.

Many are of the opinion that the reason for the Exodus (which really came to head in the 1990 riots) was Jagmohan (former Governer of J&K) who not many remember very fondly. Though the number of Pandits who have actually been killed by militants is a contentious question (figures range from 200 to 600 plus), the Exodus implies a threat that was felt by the community that was both implicit and explicit.

Rehabilitation has been attempted, as said by Omar Abdullah, former Chief Minister of Jammu and Kashmir, but has so far been fairly unsuccessful. If history has taught us anything, when a community is displaced so absolutely, it is going to take more than a good dental plan to lure them back.

References and Future Reading:

On the steps taken by the government.

Sanjay Tickoo, head of the KPSS and a Kashmiri Pandit.

Author Mridu Rai speaks about the Exodus.

Indian Express Opinion Piece on the Conflict.

Hindu Op- Ed on the Issue.

NDTV on Omar Abdullah and Rehabilitation Efforts.


  

A Former Border Patrol Official Speaks

Ved Prakash Sahni is a Senior IPS officer who has served as part of the border patrol on the Leh- Ladakh border and while there can be an incredible amount of information that one can discern from accounts of academics and political opinion-makers, the testimony of a former security official is invaluable.

In his interview to us he was of the opinion that the Kashmir issue has many different shades to it and must not be treated only as a bi- lateral issue that concerns India and Pakistan. It is true that China is left out of the conversation many a time when the Kashmir issue is discussed. He also makes an observation about what is at stake when three nuclear powers are at logger heads over an issue that is as contentious and salient as land.

Watch the whole interview, here:

Human Rights and Kashmir (Indian Army)

The problems that Kashmir poses to the center can be described best as an insurgency issue. The Kashmir valley has become a hot- bed of separatist activity, where ISI sponsored extremists can often find safety in numbers and where the public are often willing to give them sanctuary.

Counter- insurgency operations require rapid response times and more than an adequate amount of secrecy to accomplish successfully. This is the case that is often times made by many security agencies when certain breaches of ethical codes come to light (read: the CIA), but that still leaves the question of how much rope agencies can be given in situations, if they ever can be, in the name of safety.

The complexity of the operations in the valley, where claims differ as to the exact number of separatist organizations and militants that are active at any given time, can be best understood by using the case study of the operations of the United States in Afghanistan. While Iraq was a little more cut and dried in terms of operational complexity, Afghanistan was a mezzanine of differing control nodes and cross- cutting linkages, which made fighting both the Taliban and Al- Qaeda threat increasingly difficult. Another take away from that operation (if it can even be called that) is that the longer the United States and its NATO allies stayed put, the more local resistance they encounter.

The Valley too poses the same kind of threat to the Indian Army. Being a Muslim dominated region, there is opposition to a mostly Hindu, peace keeping force, who have not done much to earn the trust of the locals. It must be remembered here that counter- insurgency is often territory where huge errors in judgement can be made since the stakes are high.

The Genesis and Life of Article 370: A Brief Over- View

The history of article 370 features a vast and colorful cast of characters, but a better question is what is article 370 and why exactly did it become one of the most important points on which the BJP prime- ministerial race was run? What makes it so important that it has to be the focus of attention? Before that we would do well to better understand the reasons for its existence and let you, the readers be the judge of whether or not Jammu and Kashmir still needs special provision or whether national integrity is more at question here.

The main players in the completion and implementation of article 370 were Nehru, Patel, Abdullah and Ayyangar. The debate is often times couched in the slightly ambiguous position that Hindu hardliners take on the issue of a state that is supposed to be part of the country, but has a degree of sovereignty. Additionally, the Indian- governed regions of the state can be viewed in terms of three different regions: The Kashmir Valley, Jammu and Ladakh. The valley has an almost absolutely Muslim population, while Ladakh is split between Muslims and Buddhists. Jammu has a more evenly distributed population between Muslims and Hindus. While this by itself might not be of concern to nationalists (though it could be), the position that
Kashmir is in presents a problem in itself.

Source: dnaindia.com

The special position of J&K springs from a need that was seen by Sheik Abdullah, the Prime Minister of the state at the time of partition. The stated reason for this is the fact that the state was quite distinct from the rest of the country, in its unique geographical and ethnic position. Here it should also be noted that he was arrested for sedition, by Nehru himself who had no choice but to do so. Here is where we see the beginning of the narrative that has continued till the present date. Separatist Tendencies versus Nationalist tendencies. 

Recent developments include the Assembly elections in J&K, which showed the clear split in voting patterns between the Valley and Jammu. The PDP- BJP coalition will have their work cut out for them in trying to bridge the gap between the two ideologies. Here's to hoping they remember the people of Jammu and Kashmir. 

An Unlikely Alliance
Source: zeenews.india.com

References:

 The Original Text of the Constitution: Featuring Article 370

The Hindu on Understanding Article 370

The Times of India on Understanding Article 370

Current Political Issues

History and Players of Article 370