Keith Mack
Pakistan-administered Kashmir has been the subject of a dispute between India, Pakistan, and China since 1947. The region has been divided since the UN-sponsored ceasefire in 1949, with both Delhi and Islamabad claiming Kashmir in full. In 2019, Indian-administered Kashmir was stripped of its semi-autonomous status, which allowed it to have a separate constitution, a state flag, and the freedom to formulate laws for permanent residents. This has resulted in a complex and often fraught relationship with India, with some calling for outright independence. Pakistan-administered Kashmir has also witnessed violence, such as the 1988 Gilgit Massacre, and has been accused of backing militants in Indian-controlled Kashmir.
| Characteristics | Values |
|---|---|
| Pakistan-administered Kashmir | Northern and western portions of Kashmir, comprising three areas: Azad Kashmir, Gilgit, and Baltistan |
| India-administered Kashmir | Southern and southeastern portions of Kashmir, comprising Jammu and Kashmir and Ladakh |
| Line of Control | Agreed upon in 1972 as the boundary between Indian- and Pakistani-administered Kashmir, though neither country recognizes it as an international boundary |
| India-Pakistan Wars | Two wars and a limited conflict have been fought over Kashmir |
| Semi-autonomous status | Revoked by the Indian government in 2019 |
| Article 370 | Article in the Indian constitution that allowed Jammu and Kashmir a certain amount of autonomy, including its own constitution and the freedom to make laws; nearly all of it was revoked by the Indian government in 2019 |
| Article 35A | Part of Article 370, it gave special privileges to the people of Jammu and Kashmir, including the ability to bar Indians from outside the state from purchasing property or settling there |
| Human rights concerns | Amnesty International has accused Indian security forces in Kashmir of exploiting the Armed Forces (Special Powers) Act to hold prisoners without trial for up to two years without charges |
| UN involvement | The UN Security Council passed Resolution 47 on April 21, 1948, calling for a ceasefire and the withdrawal of Pakistani troops and tribesmen from Jammu and Kashmir |
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India-Pakistan Wars
Pakistan-administered Kashmir has different laws from the rest of Pakistan. The region has its own constitution and the freedom to make its own rules relating to permanent residency, ownership of property, and fundamental rights.
India and Pakistan have fought two wars and a limited conflict over Kashmir. The two nuclear-armed neighbours have been involved in several wars, conflicts, and military standoffs since their independence from British rule in 1947. The partition of British India in 1947 created two countries based on religious majorities. The princely state of Jammu and Kashmir, with a Muslim majority but a Hindu ruler, became a point of conflict. Pakistan wanted to rule the territory, while India kept its accession to the Indian Union, leading to the First Kashmir War in 1947-48.
The UN Security Council passed Resolution 47 on 21 April 1948, calling for a ceasefire and the withdrawal of Pakistani nationals from Jammu and Kashmir. The ceasefire was signed on 1 January 1949, with India controlling about two-thirds of the state and Pakistan controlling roughly a third, known as Pakistan-administered Kashmir.
The Second Indo-Pak War in 1965 was also a result of the lingering Kashmir conflict. Pakistan attempted to infiltrate forces into Jammu and Kashmir to start an insurgency, but India responded with a full-scale military operation. The war lasted 17 days and witnessed significant losses and large tank battles on both sides.
In 1971, India and Pakistan went to war again, this time as a direct result of the Bangladesh Liberation War in erstwhile East Pakistan (now Bangladesh). The conflict resulted in the independence of Bangladesh and a decisive Indian victory.
The most recent conflict between India and Pakistan was the Kargil War in 1999, when Pakistani troops infiltrated and occupied Indian territory in the Kargil district. India responded with "surgical strikes" and airstrikes deep into Pakistan, leading to retaliatory raids and an aerial dogfight.
The disputes over Kashmir have significantly impacted the political, military, and diplomatic ties between India and Pakistan, shaping their national identities and military ideologies.
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Article 370
The region of Kashmir has been the subject of a dispute between India, Pakistan and China since 1947. Jammu and Kashmir was once a princely state, but it joined India in 1947 after the sub-continent was divided at the end of British rule. India and Pakistan subsequently went to war over the territory, each gaining control of different parts. There has been violence in the Indian-administered side due to a separatist insurgency against Indian rule.
The state's constituent assembly dissolved itself on 25 January 1957 without recommending either the abrogation or amendment of Article 370. Thus, the Article was considered to have become a permanent feature of the Indian constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir.
On 5 August 2019, the Government of India issued a Presidential Order superseding the 1954 order, making all the provisions of the Indian constitution applicable to Jammu and Kashmir. A further order on 6 August made all the clauses of Article 370 except clause 1 inoperative. The government's decision to revoke Article 370 has been controversial and has been challenged in the Supreme Court of India.
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Article 35A
The abrogation of Article 35A, which took place on 5 August 2019, became a significant obstacle in the resolution of the Kashmir dispute. This article protected the legal rights and cultural and political distinctiveness of the people of Kashmir, and its revocation was seen as a step towards snatching their identity. The abolition of laws prohibiting others from buying land and securing jobs led to the fear of erasure of the local identity of the Kashmiri people.
The revocation of Article 35A also had implications for the demographic aspects of the region, threatening the Muslim majority in the area. By providing domicile certificates to non-Muslims, the Indian government aimed to increase the population of non-Kashmiris. This would impact the outcome of any plebiscite held, as the majority would then automatically favour India.
The abolishment of Article 35A was part of a broader move by the Indian government to redefine its relationship with Kashmir. As a result of the revocation, Jammu and Kashmir was stripped of its semi-autonomous status, and all Indian laws became automatically applicable to Kashmiris.
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Jammu and Kashmir
However, in 2019, the Indian government revoked Article 370, stripping Jammu and Kashmir of its special autonomous status. The government also passed a reorganisation act to split the state into two union territories: Ladakh in the east and the residual state of Jammu and Kashmir in the west. The reorganisation took effect on 31 October 2019. The Indian government justifies its actions by arguing that the special status hindered the region's development and integration with the rest of India.
The revocation of Jammu and Kashmir's special status has been controversial and has led to increased tensions between India and Pakistan. Critics argue that the move violates the human rights of the region's inhabitants, and there have been allegations of human rights abuses by Indian security forces in the region, including the detention of individuals without trial. The region has also experienced a security crackdown, with widespread arrests, lockdowns, and the suspension of communication and internet services.
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Pakistani-backed forces
Nuclear-armed neighbours India and Pakistan have fought two wars and a limited conflict over Kashmir. The region is one of the most militarised zones in the world. Both countries claim Kashmir in full but control only parts of it.
In 1947, the princely state of Jammu and Kashmir, with its Muslim-majority population ruled by the Hindu Maharaja Hari Singh, joined India. Singh initially wanted Kashmir to be independent, but in October 1947, he chose to join India in return for its help against an invasion of tribesmen from Pakistan. Pakistan seized the northern remainder, and China occupied parts of the state in the 1950s.
In 1948, the UN Security Council passed Resolution 47, which called for a ceasefire and for Pakistan to secure the withdrawal of Pakistani nationals who had entered the state to fight. It also asked the Government of India to reduce its forces to minimum strength, after which the circumstances for holding a plebiscite should be put into effect on the question of Accession of the state to India or Pakistan. However, a truce agreement was never reached.
In 1965, a second war followed, and in 1999, India and Pakistan engaged in a brief but bitter conflict after militants crossed the Line of Control into the Indian-administered district of Kargil. This was the first clash since the two countries were declared nuclear powers.
India accuses Pakistan of backing militants in Kashmir, a charge Pakistan denies. In 2016, after 19 Indian soldiers were killed in Uri, India launched "surgical strikes" across the Line of Control, targeting alleged militant bases. In 2019, Indian-administered Kashmir was stripped of its semi-autonomous status, and in the same year, the Pulwama bombing left more than 40 Indian paramilitary personnel dead, prompting Indian airstrikes deep into Balakot and retaliatory raids from Pakistan.
In 1984, some members of the JKLF crossed over to Pakistan to receive arms training. Pakistan-backed Jihadist groups took over an insurgency that was initially spearheaded by a group seeking the creation of an independent state. The militancy continued through the 1990s and early 2000s, resulting in tens of thousands of casualties.
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Frequently asked questions
Yes, Pakistani-administered Kashmir has different laws to Indian-administered Kashmir. Pakistani-administered Kashmir is made up of two territories: Azad Jammu and Kashmir (AJK) and Gilgit-Baltistan (GB). Both territories have laws that curb freedom of expression, particularly in relation to the political status of the regions. Media houses need permission from the relevant authorities to operate. Pakistani-administered Kashmir also has laws criminalising blasphemy, rules requiring observance of Ramadan, and labour laws similar to those in Pakistan.
Pakistan claims Jammu and Kashmir as its citizens, and that they are rising up against the Indian army as part of an independence movement. Pakistan has also sponsored extremist groups in Kashmir, including the 1988 Gilgit Massacre led by Osama bin Laden.
The legal status of Kashmir is contested. In 1947, Jammu and Kashmir joined India soon after the subcontinent was divided at the end of British rule. India and Pakistan went to war over it and each gained control of different parts of the territory. The Indian government has since revoked Article 370, which allowed Kashmir a certain degree of autonomy, including its own constitution and the freedom to make laws.
