Jammu & Kashmir

Recent history, the present

and the way forward

Index
Geography of Jammu and Kashmir
Accession of the Princely state of J&K
West-Pak refugees and DP's from POJK
Terrorism and Separatists
1994 parl resolution
Status of J&K regions under illegal occupation of Pakistan and China
Way forward and role of Govt. of India
Our role and further reading resources

Geography of Jammu and

Kashmir

Jammu & Kashmir

Different regions of J&K state

Jammu

Area : 36, 315 Sq.Kms

Kashmir

Area : 22,000 Sq.Kms

Different regions of J&K state

Ladakh

Area : 1,64,748 Sq.Kms

Occupied Areas of J&K State

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 550) states, including J&K

Status of J&K after partition

For Representational purposes only

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 Britishas
Pakistan had blocked all supply lines
India did not agree for any direct help till Maharaja acceeds J&K to
India
Maharaja Hari Singh acceeded to India 'unconditionally' on 26th Oct
1947
Lord Mountbatten signed his acceptance on the Instrument of
Accession on 27th Oct 1947. However, in a covering letter
accompanying Maharajas letter (received with Instrument of accession)
Mountbatten made a mention of some dispute that (otherwise)
technically existed no where in terms of Indian Independence Act
1947
Indian Army was sent to J&K immediately 27th Oct 1947. The
infiltrators were checked and some areas were freed

Accession and thereafter

Emergency administration with Sheikh Abdullah as its head was put in

place in Oct, 1947.
On 1st January 1948 Nehrus government went with a complaint to UN
that Pakistan had engineered an attack on Indian territories in J&K
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 centrestate operations/relations beyond the subjects
that were listed in the Instrument of accession as Dominion subjects
(Foreign Affairs, Defence, Communications and Allied Matters).
Delhi Agreement of 1952 b/w Nehru and Abdullah was made to draw some
guidelines for centrestate 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 Maharajas 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;

For Representational purposes only

West-Pak Refugees and

DP's 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 have the
benefits of SC/ST as per Indian constitution.
Their present population is about 2,50,000; and are settled in the areas
adjoining India and Pakistan Border right from Jorian to Kathua in Jammu.
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, their children do not take education
seriously.
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

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 1,200,000.
No claims for their Properties have been given. Even meagre Ex Gratia
that was given, was not given to all POJK DPs.
For Representational purposes only

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

For Representational purposes only

Terrorism and Separatists

Terrorism & exodus from Kashmir Valley

During 1989-1991 time period, lakhs of Kashmiri families (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 guanrentees 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 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 Pakistans
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 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.

For Representational purposes only

Status of J&K areas under

illegal occupation of
Pakistan and China

Status of J&K under illegal occupation of Pak & China

POJK govt works like a war council under 'Rules of Business (ROB)
with almost no say in its own affairs
People of POJK have no say in any administrative or legislative
changes
POJK 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 POJK
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
Pakistans 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
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
For Representational purposes only

Pakistan is bent upon changing the Demographics of

Gilgit Baltistan sub region by 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
PoJK, 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

For Representational purposes only

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
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
institutions in India like IIT and IIMs should be considered
provided they declare themselves are citizens of India.
For Representational purposes only

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
1.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 and vegetables.
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

Jammu & Kashmir

Some facts and figures