Kashmir conflict: Difference between revisions - Wikipedia

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The roots of the conflict between the Kashmiri insurgents and the Indian Government are tied to a dispute over local autonomy.<ref name="autogenerated4">[[Uppsala Conflict Data Program]] Conflict Encyclopedia, Conflict Summary, Conflict name: India: Kashmir, "Roots of Conflict and the emergence of Kashmir Insurgents, viewed 2013-05-29, http://www.ucdp.uu.se/gpdatabase/gpcountry.php?id=74&regionSelect=6-Central_and_Southern_Asia#</ref> Democratic development was limited in Kashmir until the late 1970s and by 1988 many of the democratic reforms provided by the Indian Government had been reversed and non-violent channels for expressing discontent were limited and caused a dramatic increase in support for insurgents advocating violent secession from India.<ref name="autogenerated4"/> In 1987, a disputed State election<ref name="Elections in Kashmir">{{cite web|url=http://www.kashmirlibrary.org/kashmir_timeline/kashmir_chapters/kashmir-elections.shtml |title=Elections in Kashmir |publisher=Kashmirlibrary.org |accessdate=6 January 2013}}</ref> created a catalyst for the insurgency when it resulted in some of the state's legislative assembly members forming armed insurgent groups.<ref>{{cite news|url=http://news.bbc.co.uk/hi/english/static/in_depth/south_asia/2002/india_pakistan/timeline/1989.stm |title=India Pakistan | Timeline |publisher=BBC News |accessdate=2 February 2010}}</ref><ref>{{cite web|url=http://www.mediamonitors.net/jeelani4.html |title=Kashmir: A History Littered With Rigged Elections (by Mushtaq A. Jeelani) – Media Monitors Network |publisher=Mediamonitors.net |accessdate=2 February 2010}}</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/south_asia/2223364.stm |title=South Asia | Kashmir's flawed elections |publisher=BBC News |date=14 September 2002 |accessdate=2 February 2010 | first=Altaf | last=Hussain}}</ref> In July 1988 a series of demonstrations, strikes and attacks on the Indian Government began the [[Insurgency in Jammu and Kashmir|Kashmir Insurgency]] which during the 1990s escalated into the most important internal security issue in India.

The turmoil in Jammu and Kashmir has resulted in thousands of deaths,<ref>{{cite web|url=http://mea.gov.in/bestoftheweb/2002/06/09bow01.htm |title=A Good Voice Silenced: Kashmir's Loss Is Also Mine |publisher=Mea.gov.in |date=9 June 2002 |accessdate=2 February 2010}}{{Dead link|date=September 2010|bot=H3llBot}}</ref> but has become less deadly in recent years.<ref name="washingtonpost.com">{{cite news|url=http://www.washingtonpost.com/wp-dyn/content/article/2008/08/27/AR2008082703195.html?nav=rss_world|title=Peaceful Protests in Kashmir Alter Equation for India|author=Emily Wax|date=28 August 2008|work=The Washington Post|accessdate=23 November 2010}}</ref><ref name="online.wsj.com">{{cite news|last=Trofimov |first=Yaroslav |url=http://online.wsj.com/article/SB122930169820005503.html |title=A New Tack in Kashmir |work=The Wall Street Journal |date=15 December 2008 |accessdate=2 February 2010}}</ref> There have been protest movements in Indian Administered Kashmir since 1989. The movements were created to voice Kashmir's disputes and grievances with the Indian government, specifically the Indian Military.<ref name="washingtonpost.com"/><ref name="online.wsj.com"/> Elections held in 2008 were generally regarded as fair by the [[United Nations High Commissioner for Refugees]], had a high voter turnout in spite of calls by ~~militants~~separatists for a boycott, and led to the pro-India [[Jammu & Kashmir National Conference]] forming the government in the state.<ref name="unhcr2009in">{{cite web|url=http://www.unhcr.org/refworld/country,,,ANNUALREPORT,IND,,4a6452aa2d,0.html|title=Freedom in the World 2009 – Kashmir (India)|date=16 July 2009|publisher=[[UNHCR]]|accessdate=1 May 2010}}</ref><ref name="CNN12282008">{{cite news|url=http://www.cnn.com/2008/WORLD/asiapcf/12/28/indian.kashmir.vote/|title=Pro-India parties win majority in Kashmir elections |date=28 December 2008|publisher=CNN|accessdate=1 May 2010}}</ref> According to [[Voice of America]], many analysts have interpreted the high voter turnout in this election as a sign that the people of Kashmir have endorsed Indian rule in the state.<ref name= voa12292008/> However Sajjad Lone, a prominent separatist leader in Kashmir, claims that "the high turnout should not be taken as a sign that Kashmiris no longer want independence.<ref name="voa12292008">{{cite news|url=http://www1.voanews.com/english/news/a-13-2008-12-29-voa15-66803742.html|title=Regional Party Enters Talks for Coalition Government in Jammu and Kashmir|date=29 December 2008|publisher=[[Voice of America]]|accessdate=9 May 2010}}</ref> In 2009 and [[2010 Kashmir Unrest|2010 unrest erupted]] again.

==Timeline==

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After rumours that the Maharaja supported the annexation of Kashmir by India, ~~militant~~ Muslim revolutionaries from western Kashmir<ref name="britannica1"/> and Pakistani tribesmen made rapid advances into the [[Baramulla district|Baramulla]] sector. Maharaja [[Hari Singh]] of Kashmir asked the government of India to intervene. However, India and Pakistan had signed an agreement of non-intervention. Although tribal fighters from Pakistan had entered Jammu and Kashmir, there was no iron-clad legal evidence to unequivocally prove that Pakistan was officially involved.{{citation needed|date=August 2012}} It would have been illegal for India to unilaterally intervene in an open, official capacity unless Jammu and Kashmir officially joined the Union of India, at which point it would be possible to send in its forces and occupy the remaining parts.

The Maharaja desperately needed military assistance when the Pakistani tribals reached the outskirts of [[Srinagar]]. Before their arrival into Srinagar, India argued that the Maharaja must complete negotiations for ceding Jammu and Kashmir to India in exchange for receiving military aid. The agreement which ceded Jammu and Kashmir to India was signed by the Maharaja and [[Louis Mountbatten, 1st Earl Mountbatten of Burma|Lord Mountbatten of Burma]].{{ref|lord}} In Jammu and Kashmir, [[Jammu & Kashmir National Conference|National Conference]] volunteers worked with the [[Indian Army]] to drive out the Pakistanis.<ref name="Sayyid Mīr Qāsim">{{cite book|url = http://books.google.com/books?id=KNFJKap8YxwC&printsec=frontcover&dq=My+life+and+times+By+Sayyid+M%C4%ABr+Q%C4%81sim&source=bl&ots=QelHViveYB&sig=59zRr-XTYB8srl0zs3A_CyfCabI&hl=en&ei=OAnCTM3rKsT48Aa7rajhCQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBMQ6AEwAA#v=onepage&q&f=false| title = My Life and Times|publisher =Allied Publishers Limited|quote=On the battlefield, the National Conference volunteers were working shoulder-to-shoulder with the Indian army to drive out the invaders. On 31 December 1947, India filed a complaint with the United Nations against the Pakistani aggression and its help to the invading tribesmen. Sheikh Abdullah was not in favor of India seeking the UN intervention because he was sure the Indian army could free the entire State of the invaders. The UNO did not resolve the Kashmir issue. It called for withdrawal of troops on 21 April 1948. The Indian army had driven the Pakistanis up to Uri in Kashmir and Poonch in Jammu when ceasefire was ordered in December 1948. Mr. Jinnah, the promoter of this invasion, had died in September of that year. Both India and Pakistan accepted the ceasefire.|author=Sayyid Mīr Qāsim|accessdate = 1 July 2010}}</ref>

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{{rquote|right|In the years since 1990, the Kashmiri Muslims and the Indian government have conspired to abolish the complexities of Kashmiri civilization. The world it inhabited has vanished: the state government and the political class, the rule of law, almost all the Hindu inhabitants of the valley, alcohol, cinemas, cricket matches, picnics by moonlight in the saffron fields, schools, universities, an independent press, tourists and banks. In this reduction of civilian reality, the sights of Kashmir are redefined: not the lakes and Mogul gardens, or the storied triumphs of Kashmiri agriculture, handicrafts and cookery, but two entities that confront each other without intermediary: the mosque and the army camp.| British journalist [[James Buchan]]<ref name="Buchan">''India After Gandhi: The History of the World's Largest Democracy'', Ramachandra Guha, Pan Macmillan, 2008, p. 654</ref>}}

In 1989, a widespread popular and armed insurgency<ref>{{cite web|url=http://www.kashmirlibrary.org/kashmir_timeline/kashmir_chapters/1987-1998_detailed.shtml |title=1989 Insurgency |publisher=Kashmirlibrary.org |accessdate=6 January 2013}}</ref><ref>[http://www.hinduonnet.com/fline/fl1720/17200800.htm Contours of Militancy]{{dead link|date=January 2013}}</ref> started in Kashmir. After the 1987 State legislative assembly election, some of the results were disputed. This resulted in the formation of ~~militant~~separatists wings after the election and was the beginning of the [[Mujahadeen]] insurgency, which continues to this day.<ref>{{cite news|url=http://news.bbc.co.uk/hi/english/static/in_depth/south_asia/2002/india_pakistan/timeline/1989.stm |title=Timeline of the conflict |publisher=BBC News |accessdate=6 January 2013}}</ref> India contends that the insurgency was largely started by Afghan mujahadeen who entered the Kashmir valley following the end of the [[Soviet-Afghan War]].<ref>[http://news.bbc.co.uk/hi/english/static/in_depth/south_asia/2002/india_pakistan/timeline/1989.stm Timeline of the conflict] – [[BBC]]</ref> [[Yasin Malik]], a leader of one faction of the [[Jammu Kashmir Liberation Front (Yasin Malik)|Jammu Kashmir Liberation Front]], was one of the Kashmiris to organise militancy in Kashmir, along with Ashfaq Majid Wani and Farooq Ahmad Dar (alias Bitta Karatay). Since 1995, Malik has renounced the use of violence and calls for strictly peaceful methods to resolve the dispute. He developed differences with one of the senior leaders, Farooq Siddiqui (alias Farooq Papa), for shunning the demand for an independent Kashmir and trying to cut a deal with the Indian Prime Minister. This resulted in a spilt in which Bitta Karatay, Salim Nanhaji, and other senior comrades joined Farooq Papa.<ref>[http://www.hindu.com/2006/01/25/stories/2006012506451400.htm PMO in secret talks with secessionists], The Hindu, 25 January 2006</ref><ref>[http://www.jammu-kashmir.com/archives/archives2005/kashmir20051223c.html Malik Under Fire, Rebels Call For 'less Autocratic' JKLF], ''[[The Indian Express]]'', 23 December 2005</ref> Pakistan claims these insurgents are Jammu and Kashmir citizens, and are rising up against the Indian army in an independence movement. Amnesty International accused security forces in Indian-controlled Kashmir of exploiting the [[Armed Forces (Special Powers) Act, 1958#Armed Forces (Special Powers) Act|Public Safety Act]] that enables them to "hold prisoners without trial". The group argues that the law, which allows security to detain individuals for as many as two years "without presenting charges, violating prisoners' human rights".<ref>{{cite web|last=Huey |first=Caitlin |url=http://www.usnews.com/news/articles/2011/03/28/amnesty-international-cites-human-rights-abuse-in-kashmir |title=Amnesty International Cites Human Rights Abuse in Kashmir |publisher=Usnews.com |date=28 March 2011 |accessdate=6 January 2013}}</ref><ref name=BBC/> In 2011, the state human right commission said it had evidence that 2,156 bodies had been buried in 40 graves over the last 20-year.<ref name=BBC>{{cite news|title=Kashmir graves: Human Rights Watch calls for inquiry|url=http://www.bbc.co.uk/news/world-south-asia-14660253|accessdate=30 July 2012|publisher=BBC News|date=25 August 2011}}</ref> The authorities deny such accusations. The security forces say the unidentified dead are ~~militants~~separatists who may have originally come from outside India. They also say that many of the missing people have crossed into Pakistan-administered Kashmir to engage in militancy.<ref name=BBC/> But according to The state human rights commission, among the identified bodies 574 were those of "disappeared locals", and according to Amnesty International's annual human rights report (2012) it was sufficient for "belying the security forces' claim that they were ~~militants~~separatists".<ref name=AI>{{cite news|title=Asia Pacific Human Rights by region|url=http://www.amnesty.org/en/annual-report/2012/asia-pacific#header-3|accessdate=30 July 2012|publisher=Amnesty International}}</ref>

India claims these insurgents are [[Islamic terrorism|Islamic terrorist]] groups from Pakistan-administered Kashmir and Afghanistan, fighting to make Jammu and Kashmir, a part of Pakistan.<ref name=BBC/><ref>[http://www.janes.com/security/international_security/news/misc/janes011005_1_n.shtml Kashmir insurgency is being 'Talibanised']{{dead link|date=January 2013}}[[Jane's Information Group]], 5 October 2001</ref> They claim Pakistan is supplying munitions to the terrorists and training them in Pakistan. India states that the terrorists have been killing many citizens in Kashmir and committing human rights violations. They deny that their own armed forces are responsible for human rights abuses. On a visit to Pakistan in 2006 current Chief Minister of Kashmir [[Omar Abdullah]] remarked that foreign ~~militants~~separatists were engaged in reckless killings and mayhem in the name of religion.<ref>[http://www.hindu.com/2006/03/12/stories/2006031205080900.htm Foreign ~~militants~~separatists creating mayhem in Kashmir: Omar Abdullah ], ''[[The Hindu]]'', 12 March 2006</ref>

Indian government has said militancy is now on the decline.<ref name="online.wsj.com"/>

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===Al-Qaeda involvement===

{{Main|Al-Qaeda}} {{See also|Allegations of support system in Pakistan for Osama bin Laden}}

In a 'Letter to American People' written by [[Osama bin Laden]] in 2002, he stated that one of the reasons he was fighting America is because of its support of India on the Kashmir issue.<ref>[http://www.globalsecurity.org/security/library/report/2002/021120-ubl.htm Osama bin Laden "letter to the American people"], GlobalSecurity.org, 20 November 2002</ref><ref>[http://www.guardian.co.uk/world/2002/nov/24/theobserver Full text: bin Laden's 'letter to America'], ''[[The Guardian]]'', 24 November 2002</ref> While on a trip to Delhi in 2002, US Secretary of Defense [[Donald Rumsfeld]] suggested that [[Al-Qaeda]] was active in Kashmir, though he did not have any hard evidence.<ref>[http://news.bbc.co.uk/2/hi/2043800.stm Analysis: Is al-Qaeda in Kashmir?], [[BBC]], 13 June 2002</ref><ref name=SMH>[http://www.smh.com.au/articles/2002/06/13/1023864326179.html Rumsfeld offers US technology to guard Kashmir border], ''[[The Sydney Morning Herald]]'', 14 June 2002</ref> A journalistic investigation by a Christian Science Monitor reporter in 2002 claimed to have unearthed evidence that Al-Qaeda and its affiliates were prospering in [[Pakistan-administered Kashmir]] with tacit approval of Pakistan's National Intelligence agency [[Inter-Services Intelligence]].<ref>[http://www.csmonitor.com/2002/0702/p01s02-wosc.html Al Qaeda thriving in Pakistani Kashmir], ''[[The Christian Science Monitor]]'', 2 July 2002</ref> A team of [[Special Air Service]] and [[Delta Force]] was sent into [[Indian-administered Kashmir]] in 2002 to hunt for Osama bin Laden after reports that he was being sheltered by the Kashmiri ~~militant~~separatists group [[Harkat-ul-Mujahideen]].<ref>[http://www.telegraph.co.uk/news/worldnews/asia/india/1385795/SAS-joins-Kashmir-hunt-for-bin-Laden.html SAS joins Kashmir hunt for bin Laden], ''[[The Daily Telegraph]]'', 23 February 2002</ref> US officials believed that Al-Qaeda was helping organise a campaign of terror in Kashmir to provoke conflict between India and Pakistan. Their strategy was to force Pakistan to move its troops to the border with India, thereby relieving pressure on Al-Qaeda elements hiding in northwestern Pakistan. US intelligence analysts say Al-Qaeda and [[Taliban]] operatives in Pakistan-administered Kashmir are helping terrorists they had trained in Afghanistan to infiltrate Indian-administered Kashmir.<ref>[http://www.usatoday.com/news/world/2002/05/29/taliban-kashmir.htm Taliban, al-Qaeda linked to Kashmir], ''[[USA Today]]'', 29 May 2002</ref> [[Fazlur Rehman Khalil]], the leader of the Harkat-ul-Mujahideen, signed al-Qaeda's 1998 declaration of holy war, which called on Muslims to attack all Americans and their allies.<ref name=CFRKashmir>[http://www.cfr.org/publication/9135/ Kashmir ~~Militant~~separatists Extremists], [[Council on Foreign Relations]], 9 July 2009</ref> In 2006 Al-Qaeda claim they have established a wing in Kashmir; this worried the Indian government.<ref>[http://www.nytimes.com/2006/07/13/world/asia/13iht-india.2194572.html Al-Qaeda claim of Kashmir link worries India], ''[[The New York Times]]'', 13 July 2006</ref> Indian Army Lt. Gen. H.S. Panag, GOC-in-C Northern Command, said to reporters that the army has ruled out the presence of Al-Qaeda in Indian-administered Jammu and Kashmir. He said that there no evidence that verifies reports from the media of an Al-Qaeda presence in the state. He ruled out Al-Qaeda ties with the ~~militant~~separatists groups in Kashmir including [[Lashkar-e-Taiba]] and [[Jaish-e-Mohammed]]. However, he stated that they had information about Al Qaeda's strong ties with [[Lashkar-e-Taiba]] and [[Jaish-e-Mohammed]] operational in Pakistan.<ref>{{cite news|url=http://www.hindu.com/2007/06/18/stories/2007061801191400.htm |title=No Al Qaeda presence in Kashmir: Army |work=The Hindu |date=18 June 2007 |accessdate=2 February 2010 |location=Chennai, India}}</ref> While on a visit to Pakistan in January 2010, US Defense secretary [[Robert Gates]] stated that Al-Qaeda was seeking to destabilise the region and planning to provoke a nuclear war between India and Pakistan.<ref>[http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/world/03-al-qaeda-could-provoke-new-india-pakistan-war-gates-ss-02 Al Qaeda could provoke new India-Pakistan war: Gates], ''[[Dawn (newspaper)|Dawn]]'', 20 January 2010</ref>

In June 2011, a US [[Drone attacks in Pakistan|Drone strike]] killed [[Ilyas Kashmiri (~~militant~~separatists)|Ilyas Kashmiri]], who was the chief of [[Harkat-ul-Jihad al-Islami]], a Kashmiri ~~militant~~separatists group associated with Al-Qaeda.<ref>[http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/world/12-us+drones+killed+two+terrorist+leaders+in+pak--bi-10 US drones killed two terrorist leaders in Pak], ''[[Dawn (newspaper)|Dawn]]'', 17 September 2009</ref><ref>[http://www.nytimes.com/aponline/2010/01/25/us/AP-US-Chicago-Terrorism-Charges.html Chicago Man Pleads Not Guilty in Terror Cases], ''[[The New York Times]]'', 25 January 2010</ref> Kashmiri was described by [[Bruce Riedel]] as a 'prominent' Al-Qaeda member,<ref>[http://www.brookings.edu/opinions/2009/1215_terrorism_riedel.aspx Al Qaeda's American Mole], [[Brookings Institution]], 15 December 2009</ref> while others described him as the head of military operations for Al-Qaeda.<ref>[http://www.dailytimes.com.pk/default.asp?page=2009%5C10%5C15%5Cstory_15-10-2009_pg1_11 Ilyas Kashmiri alive, lays out future terror strategy], [[Daily Times (Pakistan)]], 15 October 2009</ref> [[Waziristan]] had now become the new battlefield for Kashmiri ~~militants~~separatists, who were now fighting [[NATO]] in support of Al-Qaeda.<ref>[http://www.thenews.com.pk/daily_detail.asp?id=199076 Ilyas Kashmiri had planned to attack COAS]{{dead link|date=January 2013}}, ''[[The News International]]'', 18 September 2009</ref> Ilyas Kashmiri was charged by the US in a plot against ''[[Jyllands-Posten]]'', the Danish newspaper which was at the center of [[Jyllands-Posten Muhammad cartoons controversy]].<ref>[http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/world/04-ilyas-kashmiri-danish-plot-qs-04 US charges Ilyas Kashmiri in Danish newspaper plot], ''[[Dawn (newspaper)|Dawn]]'', 15 January 2010</ref> In April 2012 [[Farman Ali Shinwari]] a former member of Kashmiri separatist groups [[Harkat-ul-Mujahideen]] and [[Harkat-ul-Jihad al-Islami]] was appointed chief of al-Qaeda in Pakistan.<ref name="rediff">{{cite web|url=http://www.rediff.com/news/special/farman-shinwari-new-al-qaeda-leader-kashmir-jihad-expert/20120718.htm|title=Farman Shinwari: New Al Qaeda leader, Kashmir jihad expert|date=18 July 2012|publisher=Rediff.com|accessdate=8 January 2013}}</ref>

===Conflict in Kargil===

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* According to the [[two-nation theory]], which is one of the theories that is cited for the partition that created India and Pakistan, Kashmir should have been with Pakistan, because it has a Muslim majority.

* India has shown disregard to the resolutions of the UN Security Council and the United Nations Commission in India and Pakistan by failing to hold a plebiscite to determine the future allegiance of the state.<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/south_asia/1766582.stm |title=South Asia | Kashmir's forgotten plebiscite |publisher=BBC News |date=17 January 2002 |accessdate=2 February 2010 | first=Victoria | last=Schofield}}</ref>

* Pakistan has noted the widespread use of [[extrajudicial killing]]s in Indian-administered Kashmir carried out by Indian security forces while claiming they were caught up in encounters with ~~militants~~separatists. These encounters are commonplace in Indian-administered Kashmir. The encounters go largely uninvestigated by the authorities, and the perpetrators are spared criminal prosecution.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/world/south_asia/6367917.stm |title=South Asia | Kashmir's extra-judicial killings |publisher=BBC News |date=8 March 2007 |accessdate=2 February 2010}}</ref><ref>{{cite web|author=Brad Adams, Asia director at Human Rights Watch |url=http://www.hrw.org/en/news/2007/01/29/india-prosecute-police-killings-jammu-and-kashmir |title=India: Prosecute Police for Killings in Jammu and Kashmir |publisher=Human Rights Watch |date=31 January 2007 |accessdate=2 February 2010}}</ref>

Human rights organisations have strongly condemned Indian troops for widespread rape and murder of innocent civilians while accusing these civilians of being ~~militants~~separatists.<ref>{{cite web|author=Brad Adams, Asia director at Human Rights Watch. |url=http://www.hrw.org/en/news/2009/02/09/india-hold-abusers-kashmir-accountable |title=India: Hold Abusers in Kashmir Accountable |publisher=Human Rights Watch |date=9 February 2009 |accessdate=6 January 2013}}</ref><ref>{{cite news|url=http://news.bbc.co.uk/1/hi/world/south_asia/6367917.stm|publisher=[[BBC News]]|date=8 March 2007|accessdate=27 March 2010 | title=Kashmir's extra-judicial killings}}</ref><ref>{{cite news|url=http://www.nytimes.com/2007/02/06/world/asia/06kashmir.html|title=Indian Army and Police Tied to Kashmir Killings|date=6 February 2007|accessdate=27 March 2010|work=The New York Times|author=Somini Sengupta}}</ref>

* The Chenab formula was a compromise proposed in the 1960s, in which the Kashmir valley and other Muslim-dominated areas north of the [[Chenab river]] would go to Pakistan, and Jammu and other Hindu-dominated regions would go to India.<ref>{{cite news|url=http://news.bbc.co.uk/2/shared/spl/hi/south_asia/03/kashmir_future/html/7.stm |title= |publisher=BBC News |accessdate=2 February 2010}}</ref>

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The [[Indus Waters Treaty]] was signed by both countries in September 1960, giving exclusive rights over the three western rivers of the Indus river system (Jhelum, Chenab and Indus) to Pakistan, and over the three eastern rivers (Sutlej, Ravi and Beas) to India, as long as it does not reduce or delay the supply to Pakistan. India therefore maintains that they are not willing to break the regulation established and they see no more problems with this issue.

===Pakistan's relation with ~~militants~~separatists===

India has furnished documentary evidence to the United Nations that these ~~militants~~separatists are supported by Pakistan, leading to a ban on some terrorist organisations, which Pakistan has yet to enforce.{{citation needed|date=November 2012}} [[List of Presidents of Pakistan|Former President of Pakistan]] and the ex-chief of Pakistan military [[Pervez Musharraf]], stated in an interview in London, that Pakistani government indeed helped to form underground ~~militant~~separatists groups and "turned a blind eye" towards their existence.<ref name=Speigel/>

According to [[Prime Minister of India|Indian Prime-minister]] [[Manmohan Singh]], one of the main reasons behind the conflict is Pakistan's "terror-induced coercion". [[Prime Minister of India|Indian Prime-minister]] [[Manmohan Singh]] stated in a Joint Press Conference with United States President [[Barack Obama]] in New Delhi that India is not afraid of resolving all the issues with Pakistan including the kashmir "''but it is our request that you cannot simultaneously be talking and at the same time the terror machine is as active as ever before. Once Pakistan moves away from this terror-induced coercion, we will be very happy to engage productively with Pakistan to resolve all outstanding issues.''"<ref>{{cite web|url=http://www.whitehouse.gov/the-press-office/2010/11/08/remarks-president-obama-and-prime-minister-singh-joint-press-conference- |title=Remarks by President Obama and Prime Minister Singh in Joint Press Conference in New Delhi, India | The White House |publisher=White House |date=8 November 2010 |accessdate=6 January 2013}}</ref>

In 2009, the [[President of Pakistan]] [[Asif Zardari]] asserted at a conference in Islamabad that Pakistan had indeed created Islamic ~~militant~~separatists groups as a strategic tool for use in its geostrategic agenda and "to attack Indian forces in Jammu and Kashmir".<ref>{{cite news| url=http://www.telegraph.co.uk/news/worldnews/asia/pakistan/5779916/Pakistani-president-Asif-Zardari-admits-creating-terrorist-groups.html | work=[[The Daily Telegraph]] | title=Pakistani president Asif Zardari admits creating terrorist groups | location=London | first=Dean | last=Nelson | date=8 July 2009}}</ref> [[List of Presidents of Pakistan|Former President of Pakistan]] and the ex-chief of Pakistan military [[Pervez Musharraf]] also stated in an interview that Pakistani government helped to form underground ~~militant~~separatists groups to fight against Indian troops in [[Jammu and Kashmir]] and "turned a blind eye" towards their existence because it wanted to force India to enter negotiations.<ref name=Speigel>{{cite web|url=http://www.spiegel.de/international/world/spiegel-interview-with-pervez-musharraf-pakistan-is-always-seen-as-the-rogue-a-721110.html |title=SPIEGEL Interview with Pervez Musharraf: 'Pakistan is Always Seen as the Rogue' – SPIEGEL ONLINE |work=Der Spiegel |accessdate=11 November 2012}}</ref> The British Government have formally accepted that there is a clear connection between Pakistan's [[Inter-Services Intelligence]] and three major ~~militant~~separatists outfits operating in [[Jammu and Kashmir]], [[Lashkar-e-Tayiba]], [[Jaish-e-Mohammed]] and [[Harkat-ul-Mujahideen]].<ref>{{cite web|url=http://www.rediff.com/news/2002/jun/11war4.htm |title=Links between ISI, ~~militant~~separatists groups: Straw |publisher=Rediff.com |date=11 June 2002 |accessdate=6 January 2013}}</ref><ref>{{cite news|last=Shoaib |first=Syed |url=http://news.bbc.co.uk/2/hi/south_asia/4416771.stm |title=Why Pakistan is 'boosting Kashmir ~~militants~~separatists' |publisher=BBC News |date=3 March 2010 |accessdate=6 January 2013}}</ref> The ~~militants~~separatists are provided with "weapons, training, advice and planning assistance" in Punjab and Kashmir by the ISI which is "''coordinating the shipment of arms from the Pakistani side of Kashmir to the Indian side, where Muslim insurgents are waging a protracted war''".<ref>[http://community.seattletimes.nwsource.com/archive/?date=19940517&slug=1910966 Pakistan Reportedly Aiding Kashmir Rebels – Despite Assurances To U.S., Military Fueling India Conflict]. ''The Washington Post''.</ref><ref>{{cite web|author=John Pike |url=http://www.globalsecurity.org/intell/world/pakistan/isi.htm |title=Directorate for Inter-Services Intelligence [ISI] – Pakistan Intelligence Agencies |publisher=Globalsecurity.org |accessdate=6 January 2013}}</ref>

Throughout the 1990s, the ISI maintained its relationship with extremist networks and ~~militants~~separatists that it had established during the Afghan war to utilise in its campaign against Indian forces in Kashmir.<ref>{{cite web|url=http://globalsecuritystudies.com/HOLT%20ISI.pdf |title=The Pakistani Inter-Service Intelligence Directorate's Sponsorship of Terrorism |format=PDF |accessdate=6 January 2013}}</ref> [[Joint Intelligence/North]] (JIN) has been accused of conducting operations in [[Jammu and Kashmir]] and also [[Afghanistan]].<ref name=Camp>{{cite book|last=Camp|first=Dick|title=Boots on the Ground: The Fight to Liberate Afghanistan from Al-Qaeda and the Taliban, 2001–2002|year=2011|publisher=Zenith|isbn=978-0760341117|page=38}}</ref> The Joint Signal Intelligence Bureau (JSIB) provide support with communications to groups in Kashmir.<ref name=Camp/> According to [[Daniel Benjamin]] and [[Steven Simon]] both former members of the [[National Security Council]] the ISI acted as a "kind of terrorist conveyor belt" radicalising young men in the Madrassas in Pakistan and delivering them to training camps affiliated with or run by Al-Qaeda and from there moving them into [[Jammu and Kashmir]] to launch attacks.<ref name=Caldwell>{{cite book|last=Caldwell|first=Dan|title=Seeking Security in an Insecure World|year=2011|publisher=Rowman & Littlefield|isbn=978-1442208032|pages=103–104|edition=2nd|coauthors=Robert Williams}}</ref>

Reportedly, about [[Pakistani rupee|Rs.]] 24 million are paid out per month by the [[Inter-Services Intelligence]], to fund its activities in [[Jammu and Kashmir]].<ref name="FAS">Pike, John (25 July 2002). "[http://www.fas.org/irp/world/pakistan/isi/ Directorate for Inter-Services Intelligence]". Federation of American Scientists. Retrieved 25 June 2012.</ref> [[Pro-Pakistani]] groups were reportedly favoured over other ~~militant~~separatists groups.<ref name=FAS/> Creation of six ~~militant~~separatists groups in Kashmir, which included [[Lashkar-e-Taiba]] (LeT), was aided by the ISI.<ref name=Salon>[http://www.salon.com/opinion/feature/2008/12/12/pakistan/index.html Does Obama understand his biggest foreign-policy challenge?], ''[[Salon (website)|Salon]]'', 12 December 2008</ref><ref name=NYT1>[http://www.nytimes.com/2009/01/01/world/asia/01pstan.html Pakistani ~~Militants~~separatists Admit Role in Siege, Official Says], [[The New York Times]], 1 January 2009</ref> According to [[US intelligence|American Intelligence]] officials, ISI is still providing protection and help to LeT.<ref name=NYT1/> The [[Pakistan Army]] and ISI also LeT volunteers to surreptitiously penetrate from [[Pakistan Administrated Kashmir]] to Jammu and Kashmir.<ref name="tellis2010">{{Cite news| title = Bad Company – Lashkar-e-Tayyiba and the Growing Ambition of Islamist Militancy in Pakistan| url = http://www.internationalrelations.house.gov/111/tel031110.pdf| format = PDF| date = 11 March 2010| author = Ashley J. Tellis| publisher = Carnegie Endowment for International Peace}}</ref>

Indian authorities in past has alleged several times that Pakistan was involved in training and arming underground ~~militant~~separatists groups to fight Indian forces in Kashmir.<ref name=Musharraf>{{cite news|url=http://www.bbc.co.uk/news/world-south-asia-11474618 |title=BBC News – Musharraf admits Kashmir ~~militants~~separatists trained in Pakistan |publisher=BBC |date=5 October 2010 |accessdate=11 November 2012}}</ref>

==Human rights abuse==

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Claims of human rights abuses have been made against the Indian Armed Forces and the armed insurgents operating in Jammu and Kashmir.<ref>[http://www.hrw.org/campaigns/kashmir/1994/kashmir94-04.htm ]{{Dead link|date=February 2010}}</ref> Since 1989, over 50,000 and by some reports nearly 100,000 Kashmiris are claimed to have died during the conflict.<ref>{{cite web|author=Brad Adams, Asia director at Human Rights Watch |url=http://www.hrw.org/news/2006/09/11/india-impunity-fuels-conflict-jammu-and-kashmir |title=India: Impunity Fuels Conflict in Jammu and Kashmir |publisher=Human Rights Watch |date=13 September 2006 |accessdate=3 August 2012}}</ref> Some human rights organisations have alleged that Indian Security forces have killed hundreds of Kashmiris by indiscriminate use of force and torture, firing on demonstrations, custodial killings, encounters and detensions.<ref>{{cite press release|url=http://www.hrw.org/sites/default/files/reports/INDIA948.PDF |title=CONTINUING REPRESSION IN KASHMIR – Abuses Rise as International Pressure on India Eases |date=August 1994 |accessdate=3 August 2012}}</ref><ref name=amnestylibrary>{{cite web|url=http://www.amnesty.org/en/library/asset/ASA20/033/1995/en/ba90f2fe-eb2d-11dd-92ac-295bdf97101f/asa200331995en.html |title=Document – India: Torture continues in Jammu and Kashmir |publisher=Amnesty International |accessdate=3 August 2012}}</ref><ref>{{cite web|author=United Nations High Commissioner for Refugees |url=http://www.unhcr.org/refworld/country,,AMNESTY,,IND,,3ae6a9f20,0.html |title=Refworld | Amnesty International Report 1996 – India |publisher=UNHCR |date=1 January 1996 |accessdate=3 August 2012}}</ref><ref>{{cite web|url=http://www.hrw.org/news/2008/08/18/kashmir-tinderbox |title=The Kashmir tinderbox |publisher=Human Rights Watch |date=20 August 2008 |accessdate=3 August 2012}}</ref> the government of India denied that torture was widespread.<ref name=amnestylibrary/> It stated that some custodial crimes may have taken place but stated "these are few and far between".<ref name=amnestylibrary/> According to one human rights report in Kashmir there were more than three hundred cases of "disappearances" since 1990.<ref>{{cite web|url=http://www.hrw.org/reports/1999/kashmir/abus-dis.htm |title=Behind the Kashmir Conflict – Abuses in the Kashmir Valley (Human Rights Watch Report, July 1999) |publisher=Human Rights Watch |accessdate=3 August 2012}}</ref><ref>{{cite web|author=Brad Adams, Asia director at Human Rights Watch. |url=http://www.hrw.org/news/2009/02/09/india-hold-abusers-kashmir-accountable |title=India: Hold Abusers in Kashmir Accountable |publisher=Human Rights Watch |date=9 February 2009 |accessdate=3 August 2012}}</ref><ref>{{cite web|url=http://www.state.gov/j/drl/rls/hrrpt/2006/78871.htm |title=India |publisher=State.gov |date=6 March 2007 |accessdate=3 August 2012}}</ref> State Human Rights Commission (SHRC) has found 2,730 bodies buried into unmarked graves scattered all over Kashmir believed to contain the remains of victims of unlawful killings and enforced disappearances by Indian security forces.<ref>{{cite web|url=http://www.amnesty.org.au/news/comments/11808/ |title=India must investigate unidentified graves – Amnesty International Australia |publisher=Amnesty.org.au |date=8 April 2008 |accessdate=3 August 2012}}</ref><ref>{{cite web|url=http://www.amnesty.org/en/appeals-for-action/thousands-lost-kashmir-mass-graves |title=Thousands lost in Kashmir mass graves |publisher=Amnesty International |date=18 April 2008 |accessdate=3 August 2012}}</ref><ref>{{cite news|author=Cathy Scott-Clark |url=http://www.guardian.co.uk/world/2012/jul/09/mass-graves-of-kashmir |title=The mass graves of Kashmir | World news |work=The Guardian |date= 9 July 2012|accessdate=3 August 2012 |location=London}}</ref> SHRC stated that about 574 of these bodies have already been identified as those of disappeared locals.<ref>{{cite web|author=Asia and the Pacific |url=http://www.amnesty.org/en/annual-report/2012/asia-pacific#header-3 |title=Amnesty International | Working to Protect Human Rights |publisher=Amnesty International |accessdate=3 August 2012}}</ref> SHRC also accused Indian army of forced labour.<ref>{{cite web|author=GreaterKashmir.com (Greater Service) |url=http://greaterkashmir.com/news/2012/Oct/16/army-challenges-shrc-jurisdiction-81.asp |title=ARMY CHALLENGES SHRC JURISDICTION Lastupdate:- Tue, 16 Oct 2012 18:30:00 GMT |publisher=Greaterkashmir.com |date=16 October 2012 |accessdate=11 November 2012}}</ref> According to the cables leaked by website WikiLeaks, US diplomats in 2005 were informed by the International Committee of the Red Cross (ICRC) about the use of torture and sexual humiliation against hundreds of Kashmiri detainees by the security forces.<ref>{{cite news|author=Jason Burke in Delhi |url=http://www.guardian.co.uk/world/2010/dec/16/wikileaks-cables-indian-torture-kashmir |title=WikiLeaks cables: India accused of systematic use of torture in Kashmir | World news |work=The Guardian |date=16 December 2010 |accessdate=3 August 2012 |location=London}}</ref> The cable said Indian security forces relied on torture for confessions and the human right abuses are believed to be condoned by the Indian government.<ref>{{cite news|last=Allen |first=Nick |url=http://www.telegraph.co.uk/news/worldnews/wikileaks/8208084/WikiLeaks-India-systematically-torturing-civilians-in-Kashmir.html |title=WikiLeaks: India 'systematically torturing civilians in Kashmir' |work=The Daily Telegraph |date= 17 December 2010|accessdate=3 August 2012 |location=London}}</ref> In 2012, the Jammu and Kashmir State government stripped its State Information Commission (SIC) department of most powers after the commission asked the government to disclose the information about the unmarked graves. This action of the state was reportedly denounced by the former National Chief Information Commissioner.<ref>{{cite web|author=GreaterKashmir.com (Greater Service) |url=http://www.greaterkashmir.com/news/2012/Sep/10/wajahat-expresses-displeasure-48.asp |title=Wajahat expresses displeasure Lastupdate:- Mon, 10 Sep 2012 18:30:00 GMT |publisher=Greaterkashmir.com |date=10 September 2012 |accessdate=11 November 2012}}</ref> A state government inquiry into 22 Oct 1993 Bijbehara killings, in which the Indian military fired on a procession and killed 40 people and injured 150, found out that the firing by the forces was 'unprovoked' and the claim of the military that it was in retaliation was 'concocted and baseless'. However, the accused are still to be punished.<ref>{{cite web|url=http://kashmirtimes.com/newsdet.aspx?q=6675#.UISJ5kXzbWU.facebook |title=Bijbehara massacre: Guilty yet to be punished even after 19 years |work=Kashmir Times |accessdate=11 November 2012}}</ref>

According to a report of Human rights watch,<blockquote>"Indian security forces have assaulted civilians during search operations, tortured and summarily executed detainees in custody and murdered civilians in reprisal attacks. Rape most often occurs during crackdowns, cordon-and-search operations during which men are held for identification in parks or schoolyards while security forces search their homes. In these situations, the security forces frequently engage in collective punishment against the civilian population, most frequently by beating or otherwise assaulting residents, and burning their homes. Rape is used as a means of targetting women whom the security forces accuse of being ~~militant~~separatists sympathizers; in raping them, the security forces are attempting to punish and humiliate the entire community."<ref>RAPE IN KASHMIR – [http://www.hrw.org/sites/default/files/reports/INDIA935.PDF A Crime of War by Asia Watch, Human Rights Watch and Physicians for Human Rights]</ref></blockquote>

The allegation of mass rape incidents as well as forced disappearances are reflected in a Kashmiri short documentary film by an Independent Kashmiri film-maker, the ''[[Ocean of Tears]]'' produced by a non-governmental non-profit organisation called ''the Public Service Broadcasting Trust of India'' and approved by the [[Ministry of Information and Broadcasting (India)]]. The film also depicts mass rape incidents of [[Kunan Poshpora]] and [[Shopian]] as facts alleging that the Indian Scurity Forces are responsible.<ref>{{cite web|url=http://english.samaylive.com/nation-news/676520296/bilal-bhat-special-correspondent-movie-srinagar-jammu-kashmir-na.html|title=A documentary movie on Kashmir lands in controversy|publisher=english.samaylive.com|accessdate=19 December 2012}}</ref><ref>{{cite video | people = Billal A. Jan (Director) | title = [http://www.youtube.com/watch?v=foe-6ePl75I&feature=youtube_gdata_player Ocean of Tears (Excerpt)]| medium = Youtube | publisher = PSBTIndia | location = Jammu and Kashmir |year = 2012 }}</ref>

A report from the Indian Central Bureau of Investigation (CBI) claimed that the seven people who were killed in 2000 by the Indian military, were innocent civilians.<ref>{{cite web|last=India|first=Express|title=Pathribal encounter 'cold blooded murder', CBI tells SC|url=http://www.indianexpress.com/news/pathribal-encounter-cold-blooded-murder-cbi-tells-sc/925659/|accessdate=20 March 2012}}</ref><ref>{{cite web|last=India|first=Express|title=Pathribal encounter "cold blooded murders," CBI tells SC|url=http://www.expressindia.com/latest-news/PathribalencountercoldbloodedmurderCBItellsSC/925659/|accessdate=20 March 2012}}</ref><ref>{{cite news|last=Hindu|first=The|title=Pathribal encounter is cold-blooded murder, CBI tells court|url=http://www.thehindu.com/news/states/other-states/article3013556.ece|agency=Press Trust of India|accessdate=20 March 2012|location=Chennai, India|date=20 March 2012}}</ref> The Indian Army has decided to try the accused in the General Court Martial.<ref name=ZN>{{cite news|title=Pathribal case: Army decides to try 5 accused officers in GCM|url=http://zeenews.india.com/news/jammu-and-kashmir/pathribal-case-army-decides-to-try-5-accused-officers-in-gcm_784599.html|accessdate=2 August 2012|newspaper=Zeenews}}</ref> It was also reported that the killings that were allegedly committed in "cold-blood" by the Army, were actually in retaliation to the murder of 36 civilians [Sikhs] by ~~militants~~separatists at Chattisingpora in 2000.<ref name=ZN/> The official stance of the Indian Army was that, according to its own investigation, 97% of the reports about the human rights abuse have been found to be "fake or motivated".<ref name=DNA>{{cite news|title=Why Kashmiris want the hated AFSPA to go|url=http://www.dnaindia.com/india/report_why-kashmiris-want-the-hated-afspa-to-go_1615040|accessdate=29 August 2012|newspaper=Daily News & Analysis}}</ref> However, there have been at least one case where civilians were killed in 'fake encounters' by Indian army personnel for cash rewards.<ref>{{cite web|url=http://www.indianexpress.com/news/fake-encounter-at-loc-3-arrested-probe-ordered/626105/ |title=Fake encounter at LoC: 3 arrested, probe ordered |date=29 May 2010 |accessdate=11 November 2012}}</ref>

{{Rquote|right|"Our people were killed. I saw a girl tortured with cigarette butts. Another man had his eyes pulled out and his body hung on a tree. The armed separatists used a chainsaw to cut our bodies into pieces. It wasn't just the killing but the way they tortured and killed."|A crying old Kashmiri Hindu in refugee camps of Jammu told BBC news reporter<ref name=BBCuk/>}}

The violence was condemned and labelled as [[ethnic cleansing]] in a 2006 resolution passed by the [[United States Congress]].<ref>[http://thomas.loc.gov/cgi-bin/query/z?c109:H.CON.RES.344: Expressing the sense of Congress that the Government of the Republic of India and the State Government of Jammu and Kashmir should take immediate steps to remedy the situation of the Kashmiri Pandits and should act to ensure the physical, political, and economic security of this embattled community. HR Resolution 344], [[United States House of Representatives]], 15 February 2006</ref> It stated that the Islamic terrorists infiltrated the region in 1989 and began an ethnic cleansing campaign to convert Kashmir to a Muslim state. According to the same, since then nearly 400,000 Pandits were either murdered or forced to leave their ancestral homes.<ref name=USHR>{{cite web|title=PALLONE INTRODUCEs resolution CONDEMnING HUMAN RIGHTS VIOLATIONS AGAINST KASHMIRI PANDITS|url=http://www.house.gov/list/press/nj06_pallone/pr_feb15_kashmir.html|publisher=U.S. House of Representatives|accessdate=30 August 2012}}{{dead link|date=January 2013}}</ref>

According to Hindu American Foundation report, the rights and religious freedom of [[Kashmiri Pandit|Kashmiri Hindus]] have been severely curtailed since 1989, when there was an [[Insurgency in Jammu and Kashmir|organised and systematic campaign]] by ~~[[Islamist terrorism|Islamist militants]]~~separatists to cleanse Hindus from Kashmir. Less than 4,000 Kashmiri Hindus remain in the valley, reportedly living with daily threats of violence and terrorism.<ref name=HAF/>

According to an [[op-ed]] published in BBC journal, the emphasis of the movement after 1989, ″soon shifted from nationalism to [[Islam]].″ It also claimed that the minority community of [[Kashmiri Pandits]], who had lived in Kashmir for centuries, were forced to leave their homeland.<ref name=BBCuk>[http://www.bbc.co.uk/worldservice/specials/1246_land/page9.shtml Paradise lost]. BBC News.</ref>

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Mustafa Kamal, brother of [[Union Minister]] [[Farooq Abdullah]], blamed [[Indian Security Forces|security forces]], former Jammu and Kashmir governor Jagmohan and PDP leader Mufti Sayeed for forcing the migration of Kashmiri Pandits from the Valley.<ref>{{cite news|title = Kamal blames army, central agencies for Pandit migration| url = http://www.indianexpress.com/news/forces-jagmohan-mufti-sayeed-drove-pandits-out-farooqs-brother/735497/}}</ref> Jagmohan denies these allegations.<ref name=BBCuk/>

Reports by Indian government state 219 Kashmiri pandits were killed and around {{formatnum:140000}} migrated due to millitancy while over 3000 stayed in the valley <ref>{{cite news|url=http://www.hindu.com/2010/03/24/stories/2010032461230900.htm |title=Front Page : "219 Kashmiri Pandits killed by ~~militants~~separatists since 1989" |work=The Hindu |date=24 March 2010 |accessdate=3 August 2012 |location=Chennai, India}}</ref><ref>{{cite web|url=http://news.outlookindia.com/items.aspx?artid=731448 |title=219 Pandits Killed in J&K Since 1989 |publisher=news.outlookindia.com |accessdate=3 August 2012}}</ref> The local organisation of pandits in [[Kashmir]], Kashmir Pandit Sangharsh Samiti claimed that 399 [[Kashmiri Pandit]] were killed by insurgents.<ref>{{cite web|author=Azad Essa |url=http://www.aljazeera.com/indepth/spotlight/kashmirtheforgottenconflict/2011/07/201176134818984961.html |title=Kashmiri Pandits: Why we never fled Kashmir – Kashmir: The forgotten conflict |publisher=Al Jazeera |accessdate=3 August 2012}}</ref><ref>{{cite web|author=GreaterKashmir.com (Greater Service) |url=http://www.greaterkashmir.com/news/2011/Jun/20/399-pandits-killed-since-1990-kpss-37.asp |title=399 Pandits killed since 1990 KPSS Lastupdate:- Mon, 20 Jun 2011 18:30:00 GMT |publisher=Greaterkashmir.com |date=20 June 2011 |accessdate=24 May 2012}}</ref>

The CIA has reported that at least 506,000 people from [[Indian Administered Kashmir]] are internally displaced, about half of which are [[Kashmiri Pandits|Hindu Pandits]].<ref>{{cite web|url=https://www.cia.gov/library/publications/the-world-factbook/geos/in.html |title=CIA – The World Factbook |publisher=Cia.gov |accessdate=3 August 2012}}</ref><ref>[http://www.kaleo.org/2.13229/kashmir-the-predicament-1.1790247 Ka Leo The Voice – Kashmir: The Predicament]{{dead link|date=January 2013}}</ref> The [[United Nations Commission on Human Rights]] reports that there are roughly 1.5 million refugees from Indian-administered Kashmir, bulk of whom arrived in Pakistan-administered Kashmir and in Pakistan after the situation on the Indian side worsened in 1989 [[Insurgency in Jammu and Kashmir|insurgency]].<ref name=UNHR>{{cite web|author=United Nations High Commissioner for Refugees |url=http://www.unhcr.org/refworld/topic,463af2212,469f2dcf2,487ca21a2a,0.html |title=Refworld | Freedom in the World 2008 – Kashmir [Pakistan] |publisher=UNHCR |date=2 July 2008 |accessdate=2 February 2010}}</ref>

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====Azad Kashmir====

Claim of religious discrimination and restricting religious freedom in Azad Kashmir have been made against Pakistan.<ref name= UNHCRpak>[http://www.unhcr.org/refworld/topic,463af2212,469f2dcf2,487ca21a2a,0.html Freedom in the World 2008 – Kashmir (Pakistan)], [[United Nations High Commissioner for Refugees]], 2 July 2008</ref> It is also accused of systemic suppression of free speech and demonstrations against the government.<ref name= UNHCRpak/> The [[United Nations Commission on Human Rights]] reported that a number of Islamist ~~militant~~separatists groups, A number of Islamist ~~militant~~ separatists groups including [[al-Qaeda]], operate from bases in Pakistani-administered Kashmir with the tacit permission of [[Pakistani intelligence]]<ref name=UNHR/><ref name= UNHCRpak/> And there have been several allegations of human rights abuse.<ref name=UNHR/>

In 2006, Human rights watch (organisation) accused Pakistani intelligence agency ISI and the military of systemic torture with the purpose of "punishing" errant politicians, political activists and journalists in Azad Kashmir.<ref name=HRW>{{cite book|title=Human Rights Watch: "With Friends Like These..."|publisher=Human Rights Watch|page=51|url=https://www.hrw.org/sites/default/files/reports/pakistan0906webwcover_0.pdf}}</ref> A report titled "Kashmir: Present Situation and Future Prospects", which was submitted to the [[European Parliament]] by [[Emma Nicholson, Baroness Nicholson of Winterbourne]], was critical of the lack of human rights, justice, democracy, and Kashmiri representation in the Pakistan National Assembly.<ref>[http://www.outlookindia.com/article.aspx?233329 EU Report Rattles Pakistan], [[Outlook (magazine)|Outlook]], 8 December 2006</ref> According to the [[Human Rights Commission of Pakistan]], Pakistan's [[Inter Services Intelligence]] operates in Pakistan-administered Kashmir and is accused of involvement in extensive surveillance, arbitrary arrests, torture, and murder.<ref name= UNHCRpak/> The 2008 report by the United Nations High Commissioner for Refugees determined that [[Pakistan-administered Kashmir]] was 'Not free'.<ref name= UNHCRpak/> According to Shaukat Ali, chairman of the International Kashmir Alliance, "On one hand Pakistan claims to be the champion of the right of self-determination of the Kashmiri people, but she has denied the same rights under its controlled parts of Kashmir and Gilgit-Baltistan".<ref Name =GIC>[http://www.german-info.com/press_shownews.php?pid=115 European Parliamentarians express concern for Gilgit-Baltistan], German Information Center, New Delhi, 12 April 2008</ref>

''Kashmir herald'', a News and Analysis Reporting agency reoprted that on 28 May 1999, the Supreme Court of Pakistan delivered a stinging broadside of Islamabad’s oppressive, undemocratic and colonial subjugation of the Northern Areas of Pakistan Occupied Kashmir, including denial to fundamental rights, illegal detention with limited access to justice.".<ref name=KH>{{cite news|title=Human Rights in Pak-Occupied Kashmir: Screams of the Oppressed|url=http://www.kashmirherald.com/featuredarticle/humanrightsinPOK.html|accessdate=1 August 2012|newspaper=Kashmir herald}}</ref> After 2011 elections, The Azad Kashmir (also called PoK or ‘[[Pakistan Occupied Kashmir]]’) Prime Minister Sardar Attique Ahmad Khan stated that there were mistakes in the voters list which have raised questions about the credibility of the elections.<ref name=ER>{{cite news|title=Sham Elections in Pakistan Occupied Kashmir – Analysis|url=http://www.eurasiareview.com/24062011-sham-elections-in-pakistan-occupied-kashmir-analysis/|accessdate=1 August 2012|newspaper=Eurasia review}}</ref>

It was reported that politically "PoK" (aka Azad Kashmir) is a "replica of Pakistan": Basic Democracy of [[Ayub Khan (Field Marshal)|Ayub Khan]] and [[General Zia|Gen. Zia]]'s [[Martial Law]]. In December 1993 the [[blasphemy law]]s of Pakistan were extended to the ~~Pakistan administered Kash~~POK. They are ruled directly through a chief executive Lt. Gen. Mohammed Shafiq, appointed by Islamabad with a 26-member Northern Areas Council.<ref name=KS>{{cite news|title=Chapter 5: Pakistan-Occupied-Kashmir, Tashkent & The Shimla Agreement|url=http://www.kashmir-information.com/kashmirstory/chapter5.html|accessdate=1 August 2012|newspaper=Kashmir story}}</ref>

The regime in Muzaffarabad (capital of Azad Kashmir or POK) is one set up by Pakistan in territory it has occupied not acquired by law.<ref name=KS/>

The [[United Nations Commission on Human Rights]] reports that the status of women in Pakistani-administered Kashmir is similar to that of women in Pakistan. Women are not granted equal rights under the law, and their educational opportunities and choice of marriage partner remain "circumscribed" in Pakistan-administered kashmir. Domestic violence, forced marriage, and other forms of abuse continue to be issues of concern. In May 2007, the United Nations and other aid agencies temporarily suspended their work after suspected Islamists mounted an arson attack on the home of two aid workers; the organisations had received warnings against hiring women. However, honour killings and rape occur less frequently than in other areas of Pakistan.<ref name=UNHR/>

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==Recent developments==

~~[[File:Kashmir Solidarity Day.JPG|thumbnail|Kashmir Solidarity Day on every 5th of February is celebrated in Pakistan. This banner was hung in Islamabad, Pakistan]]~~

India continues to assert their sovereignty or rights over the entire region of Kashmir, while Pakistan maintains that it is a disputed territory. Pakistan argues that the status quo cannot be considered as a solution. Pakistan insists on a UN-sponsored plebiscite. Unofficially, the Pakistani leadership has indicated that they would be willing to accept alternatives such as a demilitarised Kashmir, if sovereignty of Azad Kashmir was to be extended over the Kashmir valley, or the "Chenab" formula, by which India would retain parts of Kashmir on its side of the Chenab river, and Pakistan the other side – effectively re-partitioning Kashmir on communal lines. The problem is that the population of the Pakistan-administered portion of Kashmir is for the most part ethnically, linguistically, and culturally different from the [[Valley of Kashmir]], a part of Indian-administered Kashmir. A partition on the Chenab formula is opposed by some Kashmiri politicians, though some, such as [[Sajjad Lone]], have suggested that the non-Muslim part of Jammu and Kashmir be separated from Kashmir and handed to India. Some political analysts say that the Pakistan state policy shift and mellowing of its aggressive stance may have to do with its total failure in the [[Kargil War]] and the subsequent [[September 11 attacks|9/11]] attacks. These events put pressure on Pakistan to alter its position on terrorism.<ref>[http://www.ccc.nps.navy.mil/si/2006/Apr/lavoyApr06.asp Pakistan’s Kashmir Policy after the Bush Visit to South Asia Strategic Insights] Volume V, Issue 4 (April 2006) by Peter R. Lavoy</ref> Many neutral parties to the dispute have noted that the UN resolution on Kashmir is no longer relevant.<ref>[http://articles.timesofindia.indiatimes.com/2002-08-12/edit-page/27299850_1_kashmir-issue-shimla-accord-jammu-and-kashmir Kickstart Kashmir] – ''[[The Times of India]]''.</ref> The European Union has viewed that the plebiscite is not in Kashmiris' interest.<ref>[http://pakobserver.net/200611/30/news/topstories15.asp EU: Plebiscite not in Kashmiris' interest]{{dead link|date=January 2013}} – 30 November 2006, Pak Observer</ref> The report notes that the UN conditions for such a plebiscite have not been, and can no longer be, met by

Pakistan.<ref>[http://www.ikvpaxchristi.nl/news/file.aspx?lid=1&id=1707 REPORT on Kashmir: present situation and future prospects]{{dead link|date=January 2013}} Committee on Foreign Affairs Rapporteur: [[Emma Nicholson, Baroness Nicholson of Winterbourne|Baroness Nicholson of Winterbourne]]</ref> The [[Hurriyat Conference]] observed in 2003 that a "plebiscite [is] no longer an option".<ref>[http://www.thehindubusinessline.com/bline/2003/07/01/stories/2003070102280400.htm Plebiscite no longer an option; Kashmir row must be resolved within two years' — — Hurriyat Conference Chairman, Mr Abdul Gani Bhat], ''[[The Hindu]]'', 1 July 2003</ref> Besides the popular factions that support either parties, there is a third faction which supports independence and withdrawal of both India and Pakistan. These have been the respective stands of the parties for long, and there have been no significant changes over the years. As a result, all efforts to solve the conflict have been futile so far.

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In the recent revelations on 24 September 2013 made by the former Indian army chief [[Vijay Kumar Singh|General V. K. Singh]] said that, the state politicians of Jammu and Kashmir are being funded by the army secret service to keep the general public at calm and this activity is there since the partition. He also stated that the secret service paid a bribe to a politician to topple the state government which was pushing for AFSPA repeal in 2010.<ref>{{cite web|url=http://articles.timesofindia.indiatimes.com/2013-09-24/india/42359670_1_gen-vk-singh-v-k-singh-former-army-chief|title=Paying ministers nothing new in J&K, former Army chief Gen VK Singh|publisher=indiatimes.com|accessdate=2013-10-09}}</ref><ref>{{cite web|url=http://www.greaterkashmir.com/news/2013/Sep/25/jk-ministers-on-army-payroll-gen-singh-20.asp|title=JK ministers on Army payroll: Gen Singh|publisher=greaterkashmir.com|accessdate=2013-10-09}}</ref>

In a 2001 report titled "Pakistan's Role in the Kashmir Insurgency" from the American [[RAND Corporation]], the [[think tank]] noted that "the nature of the Kashmir conflict has been transformed from what was originally a secular, locally based struggle (conducted via the [[Jammu Kashmir Liberation Front]] – JKLF) to one that is now largely carried out by foreign ~~militants~~separatists and rationalized in pan-Islamic religious terms." Most of the ~~militant~~separatist organisations are composed of foreign [[mercenaries]], mostly from the [[Punjab, Pakistan|Pakistani Punjab]].<ref>[http://www.rand.org/commentary/2001/09/01/JIR.html Pakistan's Role in the Kashmir Insurgency by Peter Chalk], [[RAND]],2001-09-01</ref> In 2010, with the support of its intelligence agencies, Pakistan has again been 'boosting' Kashmir ~~militants~~separatists, and recruitment of [[mujahideen]] in the Pakistani state of Punjab has increased.<ref>[http://news.bbc.co.uk/2/hi/south_asia/4416771.stm Why Pakistan is 'boosting Kashmir ~~militants~~separatists'], [[BBC]], 3 March 2010</ref><ref name="bbc05142010">{{cite news|title= Kashmir ~~militants~~separatists 'regrouping' in Pakistan|url=http://news.bbc.co.uk/2/hi/south_asia/8683367.stm|publisher=BBC|accessdate=14 May 2010 | date=14 May 2010}}</ref> In 2011, the [[FBI]] revealed that Pakistan's spy agency [[Inter-Services Intelligence|ISI]] paid millions of dollars into a United States-based non-governmental organisation to influence politicians and opinion-makers on the Kashmir issue and arrested [[Syed Ghulam Nabi Fai]].<ref>{{cite news|title=ISI paid millions to influence U.S. on Kashmir|url=http://www.thehindu.com/news/national/article2277294.ece?homepage=true|accessdate=20 July 2011|newspaper=[[The Hindu]]|date=20 July 2011|location=Chennai, India|first=Praveen|last=Swami}}</ref>

The [[Freedom in the World 2006]] report categorised Indian-administered Kashmir as "partly free", and Pakistan-administered Kashmir, as well as the country of Pakistan, as "not free".<ref>[http://www.freedomhouse.org/uploads/pdf/Charts2006.pdf ]{{dead link|date=May 2012}}</ref> India claims that contrary to popular belief, a large proportion of the Jammu and Kashmir populace wishes to remain with India. A MORI survey found that within Indian-administered Kashmir, 61% of respondents said they felt they would be better off as Indian citizens, with 33% saying that they did not know, and the remaining 6% favouring Pakistani citizenship. However, this support for India was mainly in Ladakh and Jammu regions, not the Kashmir Valley, as only 9% of the respondents from the Kashmir Valley said that they would be better off with India.<ref>{{cite web|author=The Milli Gazette, OPI, Pharos Media |url=http://www.milligazette.com/Archives/15062002/1506200229.htm |title=Full Text of the MORI Survey on Kashmir |publisher=Milligazette.com |accessdate=2 February 2010}}</ref> According to a 2007 poll conducted by the [[Centre for the Study of Developing Societies]] in New Delhi, 87% of respondents in the Kashmir Valley prefer independence over union with India or Pakistan.<ref>{{cite news|url=http://www.reuters.com/article/latestCrisis/idUSDEL291796 |title=87 pct in Kashmir Valley Want Independence |agency=Reuters |date=13 August 2007 |accessdate=2 February 2010}}</ref> However, a survey by the [[Chatham House]] in both Indian and Pakistani administered Kashmir found that support of independence was at 43% and 44% respectively.<ref>{{cite web|url=http://www.chathamhouse.org/sites/default/files/public/Research/Asia/0510pp_kashmir.pdf |publisher=p.15 |format=PDF |accessdate=6 January 2013}}</ref>

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===Efforts to end the crisis===

The 9/11 attacks on the United States resulted in the US government wanting to restrain militancy in the world, including Pakistan. They urged [[Islamabad]] to cease infiltrations, which continue to this day, by Islamist ~~militants~~separatists into Indian-administered Kashmir. In December 2001, a [[2001 Indian Parliament attack|terrorist attack on the Indian Parliament]] linked to Pakistan, [[2001–2002 India-Pakistan standoff|resulted in war threats, massive deployment]], and international fears of a nuclear war in the subcontinent.

After intensive diplomatic efforts by other countries, India and Pakistan began to withdraw troops from the international border on 10 June 2002, and negotiations began again.{{Citation needed|date=February 2007}} Effective 26 November 2003, India and Pakistan agreed to maintain a ceasefire along the undisputed international border, the disputed Line of Control, and the Siachen glacier. This is the first such "total ceasefire" declared by both powers in nearly 15 years. In February 2004, Pakistan increased pressure on Pakistanis fighting in Indian-administered Kashmir to adhere to the ceasefire. The neighbours launched several other mutual confidence-building measures. Restarting the bus service between the Indian- and Pakistani- administered Kashmir has helped defuse the tensions between the countries. Both India and Pakistan have decided to co-operate on economic fronts.

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Jammu into two-halves.<ref>[http://www.strategicforesight.com/publication_pdf/10345110617.pdf The Indus Equation Report], Strategic Foresight Group</ref> On 5 December 2006, Pakistani President [[Pervez Musharraf]] told an Indian TV channel that Pakistan would give up its claim on Kashmir if India accepted some of his peace proposals, including a phased withdrawal of troops, self-governance for locals, no changes in the borders of Kashmir, and a joint supervision mechanism involving India, Pakistan, and Kashmir.<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/south_asia/6208660.stm |title=South Asia | Musharraf pushes Kashmir proposal |publisher=BBC News |date=5 December 2006 |accessdate=2 February 2010}}</ref> Musharraf stated that he was ready to give up the United Nations' resolutions regarding Kashmir.<ref>{{cite web|url=http://www.arabnews.com/?page=7&section=0&article=90157&d=18&m=12&y=2006 |title=Musharraf's Bold Initiative on Kashmir |publisher=Arabnews.com |accessdate=2 February 2010}}</ref>

===2008 ~~militant~~separatists attacks===

In the week of 10 March 2008, 17 people were wounded when a blast hit the region's only highway overpass located near the Civil Secretariat—the seat of government of Indian-controlled Kashmir—and the region's high court. A gun battle between security forces and ~~militants~~separatists fighting against Indian rule left five people dead and two others injured on 23 March 2008. The battle began when security forces raided a house on the outskirts of the capital city of [[Srinagar]], housing ~~militants~~separatists. The [[Indian Army]] has been carrying out cordon-and-search operations against ~~militants~~separatists in Indian-administered Kashmir since the violence broke out in 1989. While the authorities say 43,000 persons have been killed in the violence, various rights groups and non-governmental organisations have put the figure at twice that number.<ref>{{cite news|author=From journalist Mukhtar Ahmad |url=http://edition.cnn.com/2008/WORLD/asiapcf/03/23/kashmir.battle/index.html |title=Five dead after Kashmir gun battle |publisher=CNN |date=23 March 2008 |accessdate=2 February 2010}}</ref>

According to the Government of India Home Ministry, 2008 was the year with the lowest civilian casualties in 20 years, with 89 deaths, compared to a high of 1,413 in 1996.<ref>[http://www.thestatesman.net/page.news.php?clid=1&theme=&usrsess=1&id=237689 ]{{Dead link|date=February 2010}}</ref> 85 security personnel died in 2008 compared to 613 in 2001, while 102 ~~militants~~separatists were killed. The human rights situation improved, with only one custodial death, and no custodial disappearances. Many analysts say Pakistan's preoccupation with jihadis within its own borders explains the relative calm.<ref>{{cite web|url=http://www.washingtontimes.com/news/2008/mar/28/briefing-level-of-violence-in-kashmir-dips/ |title=Level of violence in Kashmir dips |work=The Washington Times |date=28 March 2008 |accessdate=2 February 2010}}</ref>

===2008 Kashmir protests===

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State elections were held in Indian-held Kashmir in seven phases, starting 17 November and finishing on 24 December 2008. In spite of calls by separatists for a boycott, an unusually high turnout of almost 50% was recorded.<ref>{{cite web|url=http://english.aljazeera.net/news/asia/2008/11/20081117232949276497.html |title=Kashmiris vote despite boycott call |publisher=English.aljazeera.net |accessdate=2 February 2010}}</ref> The National Conference party, which was founded by [[Sheikh Abdullah]] and is regarded as pro-India, emerged with a majority of the seats.<ref>{{cite news|last=Whitehead |first=Andrew |url=http://news.bbc.co.uk/1/hi/world/south_asia/7806153.stm |title=Kashmir crisis comes full circle |publisher=BBC News |date=1 January 2009 |accessdate=2 February 2010}}</ref> On 30 December, the [[Indian National Congress|Congress Party]] and the National Conference agreed to form a coalition government, with [[Omar Abdullah]] as Chief Minister.<ref>[http://www.iht.com/articles/ap/2008/12/30/asia/AS-Kashmir-Election.php Pro-India parties to take power in Indian Kashmir], ''[[International Herald Tribune]]'', 30 December 2008</ref> On 5 January 2009, Abdullah was sworn in as the eleventh Chief Minister of Jammu and Kashmir.<ref>[http://www.rediff.com/news/2009/jan/05jk-omar-abdullah-sworn-in-as-cm.htm Omar Abdullah sworn in, Tara Chand to be deputy CM], [[Rediff.com]], 5 January 2009</ref>

In March 2009, Abdullah stated that only 800 ~~militants~~separatists were active in the state and out of these only 30% were Kashmiris.<ref>[http://www.tribuneindia.com/2009/20090303/j&k.htm#2 800 ultras active in state: Omar], ''[[The Tribune]]'', 2 March 2009</ref>

===2009 Kashmir protests===

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==See also==

* [[History of Jammu and Kashmir]]

* [[Pakistan and state sponsored terrorism]]▼

* [[Indo-Pakistani Wars]]

▲* [[Pakistan and state sponsored terrorism]]

* [[Media:Kashmir conflict disputed territory animation.png|Animated PNG of disputed regions]]

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* Kashmir Study Group, 1947–1997, the Kashmir dispute at fifty : charting paths to peace (New York, 1997)

* Jaspreet Singh, ''Seventeen Tomatoes– an unprecedented look inside the world of an army camp in Kashmir'' (Vehicle Press; Montreal, Canada, 2004)

* Navnita Behera, ''Demystifying Kashmir (Washington, D.C.: Brooking Institute Press, 2006).

* Navnita Behera, ''State, identity and violence : Jammu, Kashmir and Ladakh'' (New Delhi: Manohar, 2000)

* Sumit Ganguly, ''The Crisis in Kashmir'' (Washington, D.C.: Woodrow Wilson Center Press; Cambridge : Cambridge U.P., 1997)

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* Manoj Joshi, ''The Lost Rebellion'' (New Delhi: Penguin India, 1999)

* Alexander Evans, "Why Peace Won't Come to Kashmir", ''Current History'' (Vol 100, No 645) April 2001 p170-175.

* Surinder Mohan, "Transforming the Line of Control: Bringing the 'Homeland' Back In", ''Asian Politics & Policy'' (Vol 5, No 1) January 2013 p51-75.

* Younghusband, Francis and Molyneux, E. 1917. ''Kashmir''. A. & C. Black, London.

* Victoria Schofield, ''Kashmir in Conflict'' I.B. Tauris, London.