Kashmir ki Taqdeer

Kashmir,the land of unimaginable beauty. The hilly terrains,snow capped mountains, valleys,Kashmiri Wazwan and Kahwah tea...this is what comes into our mind when we hear the word Kashmir.But in the same Kashmir, we see protests,stone pelting,  separatism,wars.More than 60000 dead over the last 7 decades,what's it that makes this beautiful Kashmir territory the World's most militarized zone now? India got independence on 15th August 1947 along with the partitioned muslim nation Pakistan .While leaving India, the British gave the more than 560+ Princely States, freedom of choice to accede to India or Pakistan or remain Independent. Raja Hari Singh wanted to rule over his J&K independently. But multiple instances of atrocities,violence and harassment over the Muslims there,gave Pakistan a perfect chance to enter the state . On October 21 1947, several thousands of tribesmen from North-West Frontier Province poured into Jammu and Kashmir to liberate it from the Maharaja's rule. In order to save the kingdom, Raja Hari Singh sought help from India. But considering the international law and conventions, it would be legally impossible for India to send its army in Jammu and Kashmir without its annexation. Having no other choice, Raja Hari Singh obliged and finally signed the ‘Instrument of Accession’ that resulted in annexation of Jammu and Kashmir to India on 26th of October, 1947. Indian troops were immediately airlifted into Srinagar.In the subsequent waragainst the Pakistani tribesmen, Indian armysuccessfully resisted their forward movement.

However, considering the aspirations of various protesting groups in Jammu and Kashmir, The United Nations passed several resolutions in favour of the holding of a plebiscite with regard to Kashmir's future. However, no such plebiscite has ever been held on either side, since there was a precondition which required the withdrawal of the Pakistani Army along with the non-state elements and the subsequent partial withdrawal of the Indian Army from the parts of Kashmir under their respective control, a withdrawal that never took place. So the option of plebiscite was never actually tried out. Vote bank politics was also a main reason why this never occured later too Pakistan feared that Sheikh Abdullah(called the Lion of Kashmir) was firmly with India and given his mass following in Kashmir, a plebiscite would have handed India a landslide victory. For the same reasons, Nehru and Hari Singh formed an emergency government for the state on October 30, 1948 with Sheikh Abdullah as the Prime Minister. On January 1, 1949, a UN-backed ceasefire was agreed, with 65 per cent of the territory under Indian control and Azad Kashmir ,Gilgit-Baltistan with Pakistan(PoK) and hence drawing the LoC between 2 countries. The fact that Aksai Chin region in the North fell under control of China is a different story altogether.Till date this remains a disputed border issue. 

The erstwhile "Indian" Kashmir was given special provisions under Article 370 of the Indian Constitution for many reasons.Sheikh was an highly ambitious leader and loved to see Kashmir enjoy a complete autonomy.Nehru being a Kashmiri pandit himself was biased and also in the wake of continuous protests by some section of people for joining Pakistan,this move would win people's hearts. Hence whatever Sheikh asked for was granted. This Article was India's means of establishing legal relationship with J&K When it came to drafting the Indian constituion, BR Ambedkar refused to draft this article. Even Sardar Patel wasn't much happy with this thought. So Nehru had to bring in Gopalaswami Ayyangar to draw the relevant clauses and articles for including 370 in the constitution. When this issue was debated in the Constituent Assembly, Ayyangar argued that Kashmir was not fully integrated, 1/3rd of the state was still in occupation of Pakistan and the matter was with UN Security Council. Thus, he said there must be special provisions for Kashmir as a stopgap until the state is ready for full integration. This was a "temporary provision" in that its applicability was intended to last till the formulation and adoption of the State's constitution. However, the State's constituent assembly dissolved itself on 25 January 1957 without recommending either abrogation or amendment of the Article 370. Thus the Article has become a permanent feature of the Indian constitution

In layman's terms, keys to this unbreakable jail cell is with a person, who's now dead and untraceable. He died & vanished without unlocking you . 

And this is why J&K HC calls this Article as a permanent one. 

Some of the salient features of this article include dual citizenship, separate constitution and state flag, no non-Kashmiri can buy land and invest here, Central Govt laws are applicable to only in concurrence with the state, geographically state can't be divided into territories, no emergency can be declared there and many more such provisions.

The state prides in being unique this way.However, others feel that such a major change would breed further resentment and build more separatism.Article 370's motive was to empower people, make them feel that they belong here, and about increasing the accountability of public institutions and services.But now it turned as a kind of barrier between Kashmir and rest of India. It reduces the feeling of national integrity and increases the seperatist feelings. It prevents industrial development of the state because people from outside the state can't invest there.No investment leads to no development and then no employment. Most of the youth over there is unemployed.RTE, RTI, CAG and many Indian laws aren’t applicable in Kashmir which has a situation of corruption.There is a feeling of alienation from rest of the country.... leading to Insurgency!! On the other hand we have Pakistan continuosly supplying weapons to the separatist groups thereby instigating them to cause terrorism herein.

What if....just imagine if. .we were able to remove this article...then the state will prosper economically and socially.Also Social Amalgamation will reduce the threat of militancy. With multiple companies coming inside and starting businesses, employment rate boosts up. Right now what's the conflict going on? In July 1988 a series of demonstrations, strikes and attacks on the Indian Government began the Kashmir Insurgency

Thousands of people have died during fighting between insurgents and the government as well as thousands of civilians have died as a result of being targeted by the various armed groups. Most of the civilians started joining Lashkar-e-taiba. 1965 Pak designed to infiltrate forces into Jammu and Kashmir to precipitate an insurgency against rule by India. India retaliated by launching a full-scale military attack on West Pakistan. The issue nearly came to a full stop with the Tashkent agreement in Russia, but following the mysterious death of our PM Lal Bahadur Shastri and many unproductive talks later...this turned out to be of no use too.

During early 1999, Pakistani troops infiltrated across the LoC and occupied Indian territory mostly in the Kargil district. India responded by launching a major military and diplomatic offensive to drive out the Pakistani infiltrators.

(1971 war not mentioned cause it is unique in the sense that it wasn't regarding Kashmir) 

Also why Pakistan wants Kashmir is because all major rivers (89% of fresh water) of Pakistan originate from Kashmir.Hence Pakistan fears that India may close their water supply anytime. 

So to avoid water crisis & capturing of more water resources, they are focussing on Kashmir. And today their worst fear comes true as Union Minister for Water resources Nitin Gadkari today told that water flowing to Pakistan would now be used to nurture Yamuna with different dam projects.

Many such wars ,conflicts across the border and insurgency within the country is posing a serious threat to what lies ahead in the future of Kashmir.