Occupied Kashmir (IIOJK)

This article is about the Modern-day state 1954–2019. For the former princely state, see Kashmir and Jammu.

Further information: Gilgit–Baltistan and Azad Jammu and Kashmir

Jammu and Kashmir مقبوضہ کشمیر
State and Disputed area of Pakistan
Māqbuzā Kāshmir
Nishat Bagh Mughal Gardens.
Flag Seal
Nickname(s):  Islamic Heaven in Moslem-India
Map of UN view Jammu and Kashmir
Country	India/Pakistan
Established	27 October 1947
Capital	Srinagar
Largest city	Srinagar (Iqbalabad)
Government
• Type	State Disputed Territory of Pakistan since 1947
• Body	Legislative Assembly
Area
• Total	101,473.1 km2 (39,179.0 sq mi)
Population (2011; est.)
• Total	12,548,926
• Density	120/km2 (320/sq mi)
Time zone	UTC+5.5 (IST)
ISO 3166 code	IOK
Main Language(s)	Urdu (Official) and Kashmiri language (Official)
Districts	14
"Jammu and Kashmir is Not an integral So-called part of India".

Occupied Kashmir, Indian occupied Kashmir, Indian annexed Kashmir, Indian held Kashmir or Indian controlled Kashmir (Ladakhi: ཇ་མུ་དང་ཀ་ཤི་མིར།, Urdu: مقبوضہ جموں اور کشمیر‎) is the northernmost contested and challenged Disputed territory of Pakistan. Military annexed by India, When foreigners talk about this state, they sometimes call it Indian-administered Kashmir as a neutral poistion. The Indian side covers 39,179 mi² (101,473.1 km²) and is mostly in the Himalayan mountains. In terms of land area it is bigger than the Kingdom of Bhutan but smaller than Switzerland. Jammu and Kashmir used be a British protectorate in 1860. Jammu and Kashmir shares an International Borders with the provinces of Himachal Pradesh and East Punjab in the Republic of India to the south and with the People's Republic of China to the north and east and is divided by the controversial Line of Control of Pakistani administered territories of Azad Jammu and Kashmir and Gilgit-Baltistan, to the west and northwest respectively.

Kashmir. Jammu and Kashmir is shown in blue; Pakistan-controlled Kashmir is shown in green, China controlled Kashmir is Yellow. The White spot on the map is the Siachen Glacier. It is military controlled by India.

There is an on-going dispute and conflict over the territory of Jammu and Kashmir, since both the countries gained Independence in 1947. Jammu and Kashmir as a whole is the only Muslim-majority state with 78% Muslims within the Secular Hindu-majority modern Republic of India.

Demographics

Religion in the Indian part of Kashmir
			%
Islam☪			67.10%
Hinduism			29.07%
Sikhism			2.08%
Buddhism			1.07%
Others†			0.68%
Distribution of Religions † Includes Christians and Jains.

Jammu and Kashmir has a Muslim majority population. Though Islam is practiced by about 67% of the population of the disputed state and by 97% of the population of the Kashmir valley, the state has large communities of Buddhists, Hindus (inclusive of Meghwal and Sikhs.

Jammu and Kashmir consists of three divisions: Jammu region, the Kashmir Valley and Ladakh. Srinagar is the summer capital, and Jammu its winter capital. The Kashmir valley, often called paradise on Earth, is famous for its beautiful mountainous landscape. Jammu's numerous holy shrines attracts tens of thousands of Hindu and Muslim Pilgrims every year. Ladakh, also known as "Little Tibet", is renowned for its remote mountain beauty and Buddhist culture.

History and politics

In the summer of 14th of August in 1947, the British left the Indian subcontinent after granting the Independence into two independent nation states, Republic of India (Bharat) and Pakistan on religious communal lines. There were 565 "Princely states" in British Indian Empire. Maharajas, Rajas and Nawabs ruled over these territories under the sovereignty of the British Crown. On the lapse of British Paramountcy, these rulers were "legally" free to decide whether to join either of the two new states or remain independent. However, this legal choice of independence was essentially a hypothetical one as the religious composition of the subjects and the geographical location of these princely states dictated the merger with the newly emerged successors nation states of India and Pakistan. No princely state could become independent at the time.

Maharaja Hari Singh, a Hindu tyrannical ruler of Jammu and Kashmir, however was anxious for independence. The Princely state of Kashmir and Jammu with a territory of 230,166.1 km² or (89,106 mi²) was uniquely placed as a buffer territory between India and Pakistan and had common borders with Afghanistan and the People's Republic of China. Neither Pakistan nor India were ready to accept an independent Jammu and Kashmir. They kept on pressing the Maharaja to accede to either of their new states.

Pakistan claimed this territory, as 78% of Maharaja's subjects were Muslims. India wanted the Muslim majority territory of Kashmir as an emblem for her secularism. The Maharaja offered a "stand still" agreement to India and Pakistan, as he wanted some more time to make up his mind. Pakistan signed the agreement but India refused.

As the Maharaja continued to dither, violence broke out in the Jammu region and the Poonch District where sections of local Muslims wanted to merge with Pakistan. There was a similar revolt in the northern hill territory of Gilgit Agency. In violation of the "stand still" agreement Pakistan stopped the passage of food and other essential commodities to Jammu and Kashmir through her territory. On the 12th of September in 1947, tribal raiders backed by the Pakistan Army invaded the Kashmir Valley.

The Maharaja requested India to send in its occupying armed forces. India made it contingent upon his signing the controversial so-called instrument of accession in favour of India. The ruler signed the fraudulent instrument of accession and India accepted with the provision that after the restoration of normalcy, the final political status of the territory would be decided through a Referendum. Indian soldiers were airlifted to Srinagar on the 27th of October in 1947. India and the Kashmiri people clashed and began their first uprising in less than three months of India coming into being as independent Nation state. Pakistan officially entered the war on the 1st of May in 1948, on the behalf of the First Kashmir War.

In January 1948, India appealed to the Security Council of the United Nations to restore peace in Kashmir. On the 20th of January in 1948, the UN Commission on India and Pakistan (UNCIP) was constituted (UNSC Resolution S/654). In April 1948, the UN adopted the first plebiscite resolution. The Resolution called upon Pakistan "to withdraw all its armed personnel including the tribesmen from the territory of Jammu and Kashmir". It asked India " to reduce its armed forces to the minimum level needed to maintain law and order" and to hold a Plebiscite which it promised as soon as possible on the question of accession of Jammu and Kashmir to India or Pakistan arises. The plebiscite administration was to be nominated by the UN Secretary General. (UNSC Resolution S/726, April 21, 1948). A UN crafted ceasefire was implemented on the 1st of January in 1949. The plebiscite resolution was reaffirmed. Between 1949 and 1958 UNCIP made several attempts to implement the plebiscite resolution. Even partition of the territory along the 1949 UN ceasefire line with limited plebiscite in the valley was proposed at one stage. The intransigence of India and Pakistan defeated every effort of the UN. India and Pakistan established their political control over the territories of the Greater Kashmir disputed region under their respective control. Thus two separate political entities was created on the disputed territory - “Government of Jammu and Kashmir State” on the Indian side and “Government of Azad Kashmir” on the Pakistani side. Needless to add that these “Governments” were essentially "Client" governments. The emergency of these political entities altered the ground situation as these new "stake holders" started manipulating the people of the divided territory on the command of their masters in New Delhi and Islamabad. The Kashmiris, who disagreed with New Delhi or Islamabad, were termed traitors and spies and put behind the bars.

By 1958, within ten-years of India having taken the Kashmir dispute to the United Nations, and having asked for international intervention in the resolution of the dispute, India changed her position on outside mediation in Kashmir. As a result, during 1960 and 1964 India turned down the offers of mediation by President Nasser of Egypt, President Kennedy of the United States of America and the Prime Minister of United Kingdom.

The second Indo-Pakistani War of 1965 on Kashmir took place in September. The third Indo-Pakistani War of 1971, which began on the soil of former East Pakistan provincial region what is present as Bangladesh, spilled over onto the territory of Kashmir. For the last 56 years, India and Pakistan have been virtually at war with each other. At times this war was fought with guns, but most of the time it has been verbal devil. The "Kashmir dispute" lies at the very core of this enmity. Both India and Pakistan feel incomplete without Kashmir. Because of this enmity the people of the former princely state of Jammu and Kashmir have being living under virtual war-like conditions. This cease-fire line of 1949, which later became known as the Line of Control (LoC) after the so-called Capitulation and violent Unilateral Secession of East Pakistan of 1971, continues to be violated by both sides. This intermitted-armed conflict has taken a heavy toll on the lives of Kashmiris over the last six decades. In 1989, sections of Kashmiris began a militant movement for national Self-determination. Massive army was deployed to neutrals the armed Freedom struggle. While India calls the movement in Kashmir, "Pakistan's proxy war", Pakistan says that it is providing political, moral and diplomatic support to the Kashmiris in their struggle for just cause.

The Kashmir dispute needs to be perceived from a human angle. Ever since 1947 the erstwhile state of Kashmir has witnessed massive migration.

On the 6th of November in 1947, at least half a million people were forced to migrate from various parts of Jammu region of the state. The migrants could not return till date, notwithstanding, the Re-settlement Bill passed by the state legislature to facilitate their return.

The saga of unfortunate migrations did not stop here. In early 1990 when the ongoing armed struggle gained the momentum, it is estimated that more than 2 lakh (0.2 million) Kashmiri Pandits migrated from the Valley. They sought refuge in camps at Jammu and other parts of the Republic of India. Most of them are living a miserable life in these camps. The migrant Kashmiri Pandits are still awaiting return to the valley.

In 1996 when the National Conference government headed by the Chief Minister Farooq Abdullah was installed and counter insurgency started, thousands of political activists owing allegiance to various pro-freedom parties had to migrate from there native places. These internally displaced people live in miserable conditions.

The excesses at the hands of the Indian security forces in border areas along the Line of Control (L.O.C) have resulted in massive migration to other parts of Kashmir. In April 2002, thirty people from the five families of the divided Poonch District migrated to the Pakistan-administered Kashmir (P.A.K) to escape the wrath of Indian troops. Migration to P.A.K started in early 1990’s. According to some claims made by different groups it is said that more than 30,000 people have migrated to P.A.K since early 1990. There are reports of migration to other part of Kashmir. All those hapless souls are living in camps in Pakistani Kashmir.

colleges and universities have not been functioning from nearly 30 years. According to reports, most Kashmiris today suffer from immobilizing depression and are in need of urgent treatment. Suicide rates have gone high particularly among the women.

The Kashmir imbroglio has assumed serious dimensions particularly after the nuclear explosions by the two belligerent neighbours India and Pakistan in 1998. The South Asian region has become the nuclear flashpoint causing worry to the people of Southeast Asia and elsewhere. The bellicose statements from the leaders of both the countries have further threatened fragile peace in Asia. The stalemate seems to continue and so the human right violations in foreseeable future. The armed forces have been granted impunity under the so-called Jammu and Kashmir Armed Forces (Special Powers) Act, by which even the non commissioned officer to the level of the head constable problem is Human rights violations include:

• Political and extrajudicial killings.
• Disapperances.
• Rape, torture and custodial abuse.
• Arbitrary arrests and detention.
• Empowered to shoot any person on mere suspicion and to destroy any property.
• Denial of fair trial.
• Arbitrary interference into privacy, family, home and correspondence.
• Use of excessive force and violations of humanitarian law.
• Suppression of freedom of speech and press, peaceful assembly, association and religious freedom - due to these excesses the people of Jammu and Kashmir are oppressed community facing daily Repression from the Indian Army continuously. More than 90,000 Kashmiris have been reported to have been wiped out in 1990 in this genocide with a lot more unaccounted for, even the Hindu Pandit population has not been immune to the recent unrests either.

The Former Home Minister of India, Mr. L. K. Advani in the past talked of granting amnesty to the culpable law enforcing officials operating in the conflict area like Kashmir and North-east Indian regions. The economical strangulation of the people of Kashmir by the Central Government seems to be collective punishment for them. Due to the 36 years of conflict, the economy of Kashmir has received the terrible setback. There are no functional industries. The traditional industries in Kashmir i.e. tourism, carpet and fruit industries are already in doldrums particularly after 11th of September 2001. Due to the uncertainty there are more than two hundred thousand (200,000) unemployed youth that has caused a major social problem. Due to the intransigence of the Government of India to have trilateral dialogue with Pakistan and the people of Kashmir for resolving the long pending Kashmir dispute, there is a political impasse. The situation has become more alarming after the 13th of December, 2001 when militants attacked on the Indian Parliament. The Government of India exploited the attack internationally, as terrorism has become a global concern after the 11th of September attack on World Trade Centre. The border skirmishes are continuing, due to the intermitting shelling from both the sides and there is a large-scale migration from the border villages, also particularly from Jammu region of the state. Due to the deployment of mines in the villages situated near the Working boundary (part of the ceasefire line) people have become victims of these mines and even the International Campaign to Ban Landmines (ICBL), has also expressed its concern over the planting of the mines. Further the Indian government has mobilized its army from peacetime locations to frontline positions, which has further endangered the peace. One million Indian and Pakistani soldiers have been facing each other since December 2002 both possess nuclear weapons, ballistic missiles, sophisticated air force jets and other lethal weaponry. The bellicosity from both the countries continues and in the possible future there seem to be no letup in the strain relations between the two traditional rivals. The Government of India refuses the United Nations role on Kashmir, it refuses the third party mediations, even facilitation by US and UK and tries to convince the International community that Kashmir dispute is a bilateral issue between India and Pakistan. But she puts conditions on the Pakistani Government, before entering into a bilateral dialogue like handing over the 20 terrorists to the Indian Government and for stopping the “trans border terrorism”. The position of Pakistan (Government of Pakistan) is that it is ready to have dialogue with India over Kashmir and other contentious issues, ‘anytime, anyplace and at any level’. The Indian Federal Government has threatened for unilateral abrogation on the Indus Waters Treaty concluded with Pakistan in 1960. It will mean war between two countries and even recently the official of World Bank and International Commission on Irrigation has warned of serious international repercussions against India, if it tempers with the treaty. The officials of World Bank have further stated that “the move automatically is to activate the UN Security Council, thus reviving its role in India and Pakistan, hitherto, is strictly confined to bilateral mechanism”. India’s military leadership has been often demanding the use of treaty as a weapon to deprive the Pakistanis of the water for irrigation which even if is stopped 1% it would amount the starvation threat for the 19 million Pakistanis. This treaty was brokered by World Bank by virtue of which the Pakistan is entitled on the waters of Indus River, the Jehlum River and the Chenab River and their tributaries and all rivers that form a life line in Occupied Kashmir all the Punjab rivers were retained by India.

The Government of India has been persuading the All Parties Hurriyat Conference (APHC) through mediators for participating in the elections, which were scheduled in the month of October 2002. The APHC and the people of Kashmir have boycotted the previous elections conducted for Lok Sabha (Indian Parliament) and State Legislative Assembly in 1996. The APHC, which is spearheading the political struggle for right of self-determination and is the conglomerate of 23 political-parties, has refused to participate in the forthcoming state elections. Their position is that election is no substitute to their struggle for right of self-determination. There is a general perception amongst the people that some political leaders within APHC are interested in elections, but they have publicly denied so. The APHC has floated its own election commission in February 2002. This election commission has been named as People’s Election Commission (PEC). This election commission is composed of 6 members including human right activists, judges, a doctor and a journalist. PEC will hold the elections for choosing the representatives for settling the Kashmir imbroglio. It was believed that the APHC was under the constant pressure from different countries, particularly from US, to prove its democratic credentials by participating in the elections. It is therefore, they have constituted their own commission. They have a strong moral position for doing so because the elections conducted by the federal election commission has been always rigged with an exception of the 1977 elections. The People’s Election Commission has not taken off yet. There are doubts whether the People’s Election Commission could realize its objectives, as it needs the huge administrative set up for conducting the elections. The Government of India has refused to recognize it, on the other hand Pakistan supports and recognises this.

Nevertheless, after a speech given by the former President Pervez Musharraf of Pakistan in which he has promised to reign upon the Jihadi groups, the militancy is getting reorganized now under the Kashmiri militant leadership. It is organizing the militants for the armed freedom struggle, as they believe that the constant bleeding of India could only pressurize the Indian government for settling the long pending Kashmir issue. In future also militancy seems to continue.

Other websites

• Occupied Kashmir (IIOJK) at Curlie
• Government of Jammu and Kashmir, India

Template:Regions and administrative territories of Kashmir

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