Jammu & Kashmir

Facts, Challenges and Solutions

Geography of Jammu and
Kashmir
Jammu & Kashmir

Area – 2,22,236
Sq. km
 Different regions of J&K state
Jammu Kashmir

Area : 27,000 Sq.Kms Area : 15,000 Sq.Kms

Different regions of J&K state
Ladakh

Area : 59,000 Sq.Kms

Occupied Areas of J&K State
 Population split
Region Population (2001 Census)

Jammu 57 lakhs
- 72 % Hindus
- 23 % Muslims
- 5 % Others
Kashmir 52 lakhs
- 95 % Muslims
- 4 % Hindus
- 1 % Others
Ladakh 3 lakhs
- 47.4 % Buddhists
- 45.9 % Muslims
- 6.5 % Hindus
- 0.5 % Others
• So, J&K is not a Muslim state.

• Not all in J&K are separatists

Accession of the Princely
state of J&K
 Status of J&K prior partiton
 Jammu, Kashmir and Ladakh regions were parts of the
Indian pricely state of Maharaja hari Singh of Jammu and
Kashmir
 Gilgit agency (a part of ladakh region) that was leased to
the British by the Maharaja of J&K in 1935 was taken back
by the Maharaja in 1947
 There was NO separatist movement (worth significance)
nor demand from people of J&K to remain independent or
to go to Pakistan
 National Conference's Sheik Mohd. Abdullah had pledged
unconditional loyalty to the Maharaja in a letter dated 26th
Sept. 1947
 Draft of the Instrument of accession that was to be signed
by the princely states acceding to India Dominion was
same for all such, nearly 560 states, including J&K. (as per
Independence of India Act 1947)
 Status of J&K after partition
 Tribesmen from NWFP aided and abetted by Pak
infiltrated into J&K
 'Kabailis'/Tribesmen raided western J&K; Ransacked,
looted and marauded men and women in their path
 Maharaja pleaded for materials as well as help from
India and British as Pakistan had blocked all supply
lines
 India did not agree for any direct help till Maharaja
accedes J&K to India
 Maharaja Hari Singh acceded to India 'unconditionally'
For Representational purposes only
on
26th Oct 1947
 Status of J&K after partition
 Lord Mountbatten signed his acceptance on the Instrument of
Accession on 27th Oct 1947.
 However, in a covering letter accompanying Maharaja’s letter
(received with Instrument of accession) Mountbatten mentioned of
“some dispute” that technically existed no where in terms of
Independence of India Act 1947.
 Indian Army was sent to J&K immediately 27th Oct 1947. The
infiltrators were checked and some areas were freed
 State constituent assembly has ratified this accession on Feb 6th,
1954 (constituent assembly was elected in 1951)
 Accession and thereafter
 Emergency administration with Sheikh Abdullah as its head was put in
place in Oct, 1947.
 On 1st January 1948 Nehru’s government went with a complaint to UN
that Pakistan had engineered an attack on Indian territories in J&K and
requested to intervene in getting the area evacuated and declaring
Pakistan as an invader.
 GOI also gave a proposal that in the peace time we will get the public
opinion about accession of Jammu & Kashmir with India. In fact, this
proposal and this suggestion were illegal.
 India declared ceasefire on 1st Jan 1949 and some areas transgressed by
Pakistan are still not recovered.
 In view of the local administrative uncertainties prevailing in J&K, Article
370 was incorporated in Constitution of India (1950) as a temporary
measure for finalising centre–state operations/relations beyond the For Representational purposes only
subjects that were listed in the Instrument of accession as Dominion
subjects (Foreign Affairs, Defence, Communications and Allied
Matters).
 Accession and thereafter

 Delhi Agreement of 1952 b/w Nehru and Abdullah was made to draw some
guidelines for centre–state operations/relations beyond the subjects (Foreign
Affairs, Defence, Communications and Allied Matters) that were listed in
the Instrument of accession as Dominion subjects like -
– Sadar-i-Riyasat will be elected by the State legislature; J&K state may keep some
special rights of Indian citizens who were Subjects of Maharaja’s J&K ( Holding State
Subject Certificate ); Supreme Court will have only appellate jurisdiction; Modification in
scope of Article 352 (Emergency Powers); It was also agreed that the application of
Article 356 (suspension of State Constitution) and 360 (financial emergency) was not
necessary; State to have its own flag;
 Accession and thereafter
 The state of Jammu & Kashmir executed its own Constitution on January 26,
1957, according to which :
 Article-3: Jammu & Kashmir state is and shall be an integral part of
India.
 Article-4: The meaning of 'Jammu & Kashmir' is the area of land, which
was ruled by the sovereign authority of the King before August 15,
1947.
 Article-5: According to Indian Constitution, the state of Jammu &
Kashmir is authorised to exercise all the legislative and executive
functions except in those matters which come under the legislative
powers of the Indian Parliament.
 The Article -147 of the same Constitution says that Articles 3, 4 and 147
can never be amended, to the extent that no bill can be presented in
the state assembly about this for consideration.
Article 370
 Article 370 is temporary
 In May 1949, all the kings of states decided that the
constituent assembly of India can create a constitution all
states.
 Shaik Abdullah’s interim Govt. of J&K did not agree to it.
They formed their own constituent assembly.
 Thus, national conference leaders opted to exclude the J&K
from constitutional framework of India.
 NC, along with Nehru forced Hari Singh to go out of the
state.
 Article 370 is temporary
 Article 370 allows
 J&K to have its own constitution
 Parliament’s legislative power is restricted to Foreign affairs,
Communication and Defence
 If other constitutional provisions to be extended to J&K, prior
approval of the state government is required.
 Article 370 can be withdrawn by a notification by the president of
Bharat only on recommendation of constituent assembly of J&K
 Implications of Article 370
 RTI is not applicable for out side people
 CM of J&K is not bound to obey the order of Union Gvt. Even in
case of terminally ill people.
 Denial of protection against the religious descrimination
 Isolate the state from main stream politics of Bharat
 Separate state citizenship
 Separate flag. National flag can be flown only along with this
flag
 If a girl marries an outside boy, she loose citizenship and
property rights.
 Implications of Article 370
 Burning the national flag is not a cognisable offense
 Parliament cannot increase or decrease the borders of the
state
 High court cannot declare any law as unconstitutional
 It cannot issue writs except fr enforcements of fundamental
rights
 The provisions of the Constitution of India with regard to the
services do not apply to the Jammu and Kashmir State, except
for the all india service.
 Implications of Article 370

Region Voters Assembly Parliament Cabinet

seats seats ministers
Jammu 24.55 lakhs 37 2 5
Kashmir 24.22 lakhs 47 3 14
Ladakh 1.43 lakhs 4 1
 Implications of Article 370

Region No. of districts in 1947 Now

Jammu 6 10
Kashmir 3 10
Ladakh 2 2
 West-Pak Refugees and
Displaced people from POJK
 Refugees from West Pakistan
About 5,764 families, mostly Hindus & Sikhs,
entered Jammu from West Pakistan (West
Punjab) during and after partition in 1947; They
were allowed to stay and were given 'refugee'
status.
Most of these refugees belong to the Scheduled
Castes. They do not have the benefits of
SC/ST as per Indian constitution
Their present population is about 4,00,000;
and are settled in the areas adjoining India and
Pakistan Border right from Jorian to Kathua in
Jammu.
 Refugees from West Pakistan
They live mostly in rural areas and under poor sanitary / health
conditions and in economic deprivation
Since 1947 these refugees have not been granted State Subject
Certificate / Permanent Resident of J&K Status. Hence they can not
get jobs under J&K Government, they can not buy property in J&K
and cannot vote for J&K Assembly
They can not take admission in J&K State owned professional
colleges. Since they can not get admissions in J&K professional
colleges / they can not get J&K Government Jobs
No doubt they are citizens of India and have rights like other citizens
of India other than Permanent resident of J&K. However they can
vote in Parliament Elections
 Displaced people from POJK
For Representational purposes only
For Representational purposes only
Those who migrated from POJK after tribal
incursions (mainly from Muzafarabad, Mirpur,
Kotli, Bhimbar , Deva Balala and also from
Gilgit / Baltistan) were not given REFUGEE
STATUS. They have been named by J&K
Government as Displaced Persons.
Neither GOI nor J&K Government has done any
formal registration of the POJK DPs. Some
people place the number of DPs around
10,00,000.
No claims for their Properties have been given.
Even meagre Ex Gratia that was given, was
not given to all POK Dps.
 Displaced people from POJK
No educational or employment or commercial support provided to
POJK DPs by GOI or State Government.
Neither the UN nor any international Human Rights organizations
have cared for their cause over 64Yrs.
Their properties needs to be registered and should be compensated
for delayed payments and neglect they suffered over 6 decades.
Many of them could not get PRC due to violent circumstances of
displacement in 1947 and cannot even construct their own house in
this part of J&K.
International human rights law is unambiguous about the prohibition
of citizenship based on “jus sanguine” i.e. based on the nationality of
their parents instead of where they are born. (That is the rule in J&K)
Terrorism and Separatists
Terrorism & exodus from Kashmir Valley
 In the 1989-1991 time period, nearly 4,00,000 Kashmiri locals (98% of them were Kashmiri
Pandits) were expelled from their native Kashmir valley after a combination of violence and explicit
threats by Islamic terrorists aided and inspired by Pakistan.

 Even after 22 years in exile more than 50,000 refugees, most of them Kashmiri Pandits,
mislabeled as "migrants" live in squalid camps with spiralling health and economic problems.
 Some of the Kashmir valley migrants who were non State Subjects (those living and working in
valley even since 1960 but belonged to Punjab / UP / etc) have been given no assistance by the
Government, not even the monthly relief.
 Kashmiri pandits leaders suggest that return is possible only after a consensual rehabilitation
scheme that guarantees security to their life and property
 Whenever any attempt to facilitate their return to the Valley has been initiated, a major incident of
terrorist violence against them has occurred;
– Jan 26, 1998 Gandherbal massacre,
– Killings of Sangrampora in Budgam district on March 22, 1997,
– Massacre of 26 Hindus at Prankote on April 21, 1998;
– Killing of 24 Kashmir Pandits (who stayed back) at Nadimarg Villag on March 2003;
 Separatists – who are they?
 Al Fatah, a militant organization organized and funded by
Pakistan started a armed separatist activities in J&K in 1966
 In the 1970s, Pakistan's ISI started to train Sikhs and other
anti-India elements as part of Zulfiqar Ali Bhutto's strategy
 In 1980's Jamait-e-Islami another terrorist organization incited
Kashmir youths to take up arms and be part of anti-India
operations
 Terrorist organizations that operated or operating in J&K like
JKLF, Harkat-ul-Mujahiddeen, Lashkar-e-toiba, Hizbul
Mujahiddeen are funded and maintained by Pakistan's ISI
 Separatist like Syed Ali Shah Geelani, Mirwaiz Farooq and
Yasin Malik, advocate separatism based on religious grounds
in the Valley.
 There are some so called mainstream “political” parties also
who suggest something like dilution of 1947 Accession of
J&K with India. Self Rule proposals of J&K PDP suggesting
JOINT Control of Pakistan and India over some affairs of J&K
too promotes the separatist ideologies.
1994 Parliament Resolution
 1994 Parl resolution
In view of the increased terrorist violence and Pakistan’s
attempts to highlight the Kashmir dispute, both houses
of the Indian Parliament unanimously adopted a
resolution on February 22, 1994, emphasizing that
Jammu and Kashmir was an integral part of India, and
that Pakistan must vacate parts of the State under its
occupation. The highlights of the resolution follows:
 The State of J&K has been, is and shall be an
integral part of India and any attempts to separate it
from the rest of the country will be resisted by all
necessary means;
 India has the will and capacity to firmly counter all
designs against its unity, sovereignty and territorial
integrity; and demands that - For Representational purposes only

– Pakistan must vacate the areas of the Indian

State of Jammu and Kashmir, which they have
occupied through aggression; and resolves that -
– All attempts to interfere in the internal affairs of India
will be met resolutely.
Status of J&K areas under
illegal occupation of
Pakistan and China
 Status of J&K under illegal occupation of Pak & China
 POK govt works like a war council under 'Rules of Business (ROB)
with almost no say in its own affairs

 People of POK have no say in any administrative or legislative

changes

 POK council has nominal powers and functions under direct control
of Pak govt.

 Mirpuris were forced to flee their homeland when hundreds of

villages were inundated following the construction of the Mangla
Dam.

 POJK DPs will not be able to locate their properties left back home
and there is no record even with GOI as no registration of POK DPs
has been done so far
 Gilgit-Baltistan, came under direct rule of Pakistan after
Karachi Agreement and was termed 'Northern Areas'.
 Northern Areas were ruled by Pak directly till 1993 with a joint
secretary level officer as in-charge
 Pakistan’s SC in 1994 upheld the Muzaffarabad High Court
decision that Northern Areas (Gilgit and Baltistan) are NOT a
part of Pakistan, but a part of State of J&K.
 Gilgit-Baltistan got its first CM after 6 decades
 Even as per Pak's constituion Gilgit-Baltistan do not form a part
of Islamic Republic of Pakistan

For Representational purposes only

 Rights Violations and Neglect in POJK, Gilgit & Baltistan
 There are only 12 high schools and 2 regional colleges
for a population of 8,70,347 in Gilgit-Baltistan
 There are no professional colleges in Gilgit-Baltistan
 Locals get 25% less than non-native workers in the
government sector. There are no local dailies or radio or
television sation; Just 1 doctor for 6000 people
 Almost all of 15000 mega watts generated in Gilgit is
used by other areas of Pak and even China leaving Gilgit
in the dark
 No freedom of expression, no press freedom; Arbitrary
arrests and detentions are common
 2005 earthquake left thousands dead and lakhs
homeless in the region. Pakistan governemnt provided
no respite
 Militant groups threaten locals who do not co-operate or
support their terror activities
 Pakistan is bent upon changing the Demographics of
For Representational purposes only Gilgit Baltistan sub region “flooding” in people from other
areas of Pakistan
 Aspirations of people of POJK, Ladakh and Gilgit
 Local Gilgit people are agitating to undo the designs of Pakistan to
overshadow the local Shia majority with Sunni/Pathan through unfair
demographic flooding
 The Gilgit-Baltistan united action forum for self-frule has been demanding
right to self-rule as well as some status atleast comparable to that of
Mirpur/Muzaffarbad
 Remove the Chinese troops on their soil, which is estimated anywhere
inbetween 7000-11000
 Some are calling on UN and International Court of Justice(ICJ) to book
Musharraf and other Pak generals for genocide carried out by them in
Northern Areas
 People are agitating to move out all the Pakistani troops from civilian
areas of Gilgit-Baltistan
 Students from Gilgit-Baltistan demand reservation for seats in premier
institutions like IITs and IIMs
 Adequate share of power and economy generated from hydro-electric
projects inside Gilgit for local population
 More than 900 have been killed, 1000s disalbed and more than 40 are
allegedly missing as a result of recent uprising in the sub region
For Representational purposes only
Way forward and Role of
Govt. Of India
 Strategic importance of POJK for India
 PoJK has a lot of strategic significance for India: it is the
gateway to Central Asia through the Wakhan Corridor and
at the same time it has rich water resources. Thus, there is
greater need for India to take a more proactive approach on
PoK, not only because it is a part of its territory but because
of the high strategic stakes.
 Indian strategic analysts should build future scenarios on
PoJK through more conferences and publication of factual
reports on PoJK to revisit the entire issue
 Gilgit is a throughfare to Afghanistan, central asia and
countries of erstwhile USSR
 China is connected to Pakistan by the Karakoram Highway
 Karakoram Highway has been used for illegal transfer of
nuclear material from China to Pakistan
 Several Hydel projects and infrastructure projects are being
planned by China in Gilgit and Baltistan
 Gilgit is rich in several minerals like uranium, rich copper
and gems like topaz, quartz, albite, etc For Representational purposes only
 J&K – Way forward
 As the accession of J&K is both legal and ethical, abrogate article 370 as
it was meant to be a temporary measure

 In accordance with 1994 Parliamentary Resolution on J&K, India should

openly claim its rightful position on PoJK in international fora and
denounce Pakistan's illegal occupation of the territory by aggression in
1947.

 Annul the 1952 Delhi Agreement and 1974 Kashmir accords. The
discourse on autonomy in J&K needs to be analysed in thecontext of what
is taking place across the LoC in PoJK

 Grant Permanent Resident of J&K status to all West Pak refugees.

Properly and adequately settle / resettle all POJK DPs , West Pak
refugees as well the displaced persons / refuges of 1965 / 1971 wars.

 Government of India needs to create more opportunities for investment

and employment in J&K
 Tourism outside Kashmir valley like Jammu (Poonch, Rajouri,
Bhaderwa, Kishtwar, Udhampur , Kathua, Doda etc) and Ladakh
regions needs to be given more impetus so that the economy of
these regions grows and the neglect of 60 yrs is undone.

 Take measures to conserve and improve the local cultures,

languages, customs and traditions in Jammu and Ladakh regions

 GOI's should come out of the culture of working with a Kashmir

valley centric approach.

 Engage leaders and people from Jammu and Ladakh in decisions

For Representational purposes only related to J&K
Role of India in POJK and Gilgit-Baltistan
 India should also bring to the notice of the world the gross human rights
violations in PoJK and expose the policies of the Pakistan government
towards so-called “AJK” and Gilgit-Baltistan
 The Indian government should come out with a 'White Paper' on PoJK to
convey a clear and explicit message to Pakistan that it is in illegal
occupation of the region.
 A similar message needs to be conveyed to China that its role in PoJK is
totally unjustified and against the process of normalization of Indo-China
relations
 Indian government should provide scholarships to students from Gilgit-
Baltistan and engage the people in Gilgit-Baltistan in meaningful
dialogues
 J&K government may consider proportionately allocating some of the 24
seats in Assembly that are reserved for POJK and allow the DP's from
POJK to vote for those seats.
 People of POJK are citizens of India. They may be allowed to visit India
after proper check of their antecedents.
 Demand for reservations of people of Gilgit-Baltistan in premier
For Representational purposes only institutions in India like IIT and IIMs should be considered provided they
declare themselves are citizens of India.
 Opportunities in J&K
1.Tourism and Hospitality
1. Religious Tourism - Famous archaeological and historical sites. Ladakh has Buddhist
sites. Jammu has tremendous scope for summer / winter Commercial Tourism as well
as pilgrim Tourism
2. Adventure Tourism – Ladakh offer several routes for trekking and mountaineering.
3. Wildlife Tourism – National parks & Sanctuaries, Dachigam and Chitral National park

2.Textiles – People of J&K possess inherent skills of weaving and designing of textile .
Handicraft and handloom sector act as the source of foreign exchange earnings for the
economy

1.Minerals - J&K possess large mineral deposits of uranium, copper, etc. Gilgit-Baltistan is
rich in deposits of uranium and quality gemstones

1.Industrial policy - Attractive incentives, single-window clearance, land at concession

rates for 90 years lease. The cost of setting up operations is, comparatively, lower.

For Representational purposes only

 Opportunities in J&K
1.Horticulture, Floriculture, Sericulture and Handicrafts - Horticulture is the bulwark of
rural economy in the state. State is a leading producer of apples, walnuts, pears, almonds
and apricots. Has huge potential for manufacture & exports of processed food and allied
services.

1. The floriculture industry supplies flowers to, both, domestic and international markets
with over $2million turnover.
2. Silk carpets & shawls are famous the world over. Can earn a substantial foreign
exchange.

2. Agriculture - Exports from Jammu and Kashmir include apples, , cherries, corn, millet,
rice, peaches, pears, saffron, sorghum, vegetables and wheat.

1. Lot of scope for promotion of new projects for super quality saffron cultivation in
Jammu Region ( Kishtwar ), rare quality spices like black Jeera in Kishtwar / Ladakh
areas , world famous pulses like Rajmash , Wild honey , Guchi ( wild black
mushroom ) in Jammu region.

For Representational purposes only

Our role and further reading
resources
 What is our role
 Read more about J&K and Gilgit-Baltistan; Lots of book, periodicals and articles
are available
 Talk to people about Jammu and Kashmir; Interact with people from J&K more
often
 Write in papers, magazines, blogs and on social networking sites; Translate
articles on J&K from English to local language and distribute
 Visit J&K and border areas and learn more about the people who live there
 Encourage PHd students to research on J&K
 People among you interested in law, should write on legal status of J&K more
often
 Plan a tour of places in J&K, especially in Jammu and Ladakh region, write
travelogues, spread the word. Guide people who travel there.

It is our responsibility to change discourse on Jammu and Kashmir

 Further Reading
 PAKISTAN OCCUPIED KASHMIR: CHANGING THE DISCOURSE: IDSA Report
 Pakistan Occupied Kashmir: The Untold Story : Virendra Gupta and Alok Bansal
 Jammu and Kashmir Affairs- Mishandled :: Misquoted :: Miscarried : Daya Sagar
 Jammu and Kashmir 1947 Accession and events thereafter : Daya Sagar
 (HINDI) Jammu-Kashmir – Varthman paridryushya aur bhavi disha : Dr.Mohanrao Bhagwat
 (HINDI) Jammu Kashmir : Tatya, Samasyayein aur samadhan : Ashutosh
 Article 370 – Law and Politics : Daya Sagar
 The Armed Forces Special Powers Act 1990 – A Perspective : Jaibans Singh
 A look Through the Mist : Peoples Democratic Party Self Rule Document Oct 2008 : Daya
Sagar
 Balochistan in Turmoil: Pakistan at Crossroads : Alok Bansal
 Websites : http://jammukashmirtoday.blogspot.in/ and http://www.gilgitbaltistan.us/
 Acknowledgements

Jammu Kashmir Study Centre – Kargil Bhavan, Jammu; An initiative to focus on the
study of issues and solutions related to the state of Jammu and Kashmir
Arun Kumar – Director, Jammu-Kashmir Study Centre
Daya Sagar – Author, Social activist and freelance scribe, specialist on J&K affairs
Ashutosh – Author, Social activist and heads J&K study centre at New Delhi
IDSA - The Institute for Defence Studies and Analyses (IDSA) is autonomous body
dedicated to studies on all aspects of defence and security.
Centre for Security and Strategy(CSS) – An initiative of the Indian Foundation to
study and strategize various aspects of the security challenges faced by India
Websites : http://jammukashmirtoday.blogspot.in/ and http://www.gilgitbaltistan.us/
Dhanyavad
Instrument of Accession
Instrument of Accession - Acceptance