21q22qqAQScholars Journal of Arts, Humanities and Social Sciences

Abbreviated Key Title: Sch J Arts Humanit Soc Sci

ISSN 2347-9493 (Print) | ISSN 2347-5374 (Online)
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A Study on Kashmir Problem and its Solution

AFM Asif Aznani1*, A.S.M. Sarwar2
1
Lecturer, Faculty of Law, Primeasia University, Dhaka, Bangladesh
2
Founder and CEO, Topbright, Bangladesh

*Corresponding author: AFM Asif Aznani | Received: 13.01.2019 | Accepted: 23.01.2019 | Published: 30.01.2019
DOI: 0.21276/sjahss.2019.7.1.7

Abstract Original Research Article

Kashmir problem is the longest bilateral dispute in the world. The author of the article will first enlighten the matter
with historical anecdote. The information provided by the author can be authenticated. Both Indian and Pakistani
version of Kashmir problem will be discussed here. Complicity of International Court of Justice (ICJ) will also be
explained. The aim of this study is to give information on historical perspective of Kashmir problem and the legal
aspect of this debacle. Different kinds of qualitative methods like content analysis and documentary analysis have
been taken for the study. Data have been gathered from different secondary sources and reports such as books,
journals, newspapers, magazines and related organizations. In this study the researcher has provided some solutions to
this dispute. Keywords: Kashmir problem, Indian, Pakistani, ICJ.
Copyright @ 2019: This is an open-access article distributed under the terms of the Creative Commons Attribution license which permits unrestricted
use, distribution, and reproduction in any medium for non-commercial use (NonCommercial, or CC-BY-NC) provided the original author and source
are credited.

INTRODUCTION is an ongoing clash between the local Kashmiri

Kashmir was a princely state of British India. Muslims and Indian army. In 1989, jihad in Kashmir
Majority of the inhabitants are Muslims in Kashmir. As was fully supported, aided and abetted by Pakistani
per the rule of partition Kashmir belonged to Pakistan authority. They manipulated the local Kashmiri
because it was a Muslim majority state. The Muslims of Muslims to wage war against the Indian state. To tackle
that region also wanted to merge with Pakistan. that Indian army had to search their houses. A
However, the then ruler of Kashmir Maharaja Hari generation of Kashmiri youth has lost their future
Singh wanted Kashmir to be ceded with India. Pakistan because of this asymmetrical warfare. From 2004-2007
and India fought 3 wars over Kashmir. Pakistan lost 2 there was no militancy in Kashmir. Border was calm.
and one was ended up with ceasefire agreement. 4849 Problems again erupted when Peoples party of Pakistan
UN resolution was brought in by the United Nation. came into the power. General Kiyani and his ilk wanted
The father of the nation of Pakistan Muhammad Ali to flare up the border again to bring back the world’s
Jinnah regarded Kashmir as the jugular vein. The attention on Kashmir. Things went spiral out of control
Hindus in Kashmir always wanted to be the part of when General Raheel Sharif became the army chief.
India. In 1947, the then army chief of Pakistan ruled out Indian armed forces decided to surgically attack along
the possibility of Pakistan getting Kashmir. Irregular the line of control in 2016. At least 20 militants or
forces were used by Pakistani establishment. terrorists were killed in that surgical attack. It was the
Historically the current part of Pakistan administered first time in history that Indian Para commandos
Kashmir was mostly governed by the British. On the crossed the line of control in Kashmir.
other hand, Indian administered Kashmir was mostly
governed by the dogra raj put, Mughals and Sikhs. Both India and Pakistan have occupied certain
Another historical problem in Kashmir is the clash parts of undivided Kashmir in 1947 through war.
between Muslims and Kashmiri pundits. This kind of Resolutions approved in the United Nations have never
division in Kashmir was propped up by the British raj. been implemented by either two of the nations.
British thought when the clash will cross all limits then
they can reassert their position strongly. However, the International law and principles of
Kashmir problem after the independence was bravely international Court of justice refer the right to self
dealt by the Indian politicians. In 1963, Pakistan determination is held by the people fundamentally and
transferred shakskam valley to China which was the not by the government. Beside this Edward L. Deci and
part of Kashmir. The problem is not over yet. Post 1971 Richard M. Ryan developed Self-Determination Theory
Indian troops were heavily involved in Kashmir. There (SDT) which focus is on supporting natural intrinsic

© 2019 Scholars Journal of Arts, Humanities and Social Sciences | Published by SAS Publishers, India 46
 AFM Asif Aznani., Sch J Arts Humanit Soc Sci, January, 2019; 7 (1): 46–48

tendencies, human motivation and personality in an

effective and healthy ways [1]. As a meta-theory for There may be a need for a special bilateral tribunal
framing motivational studies, the SDT “focus on how which will deal with cross-border terrorism and
social and cultural factors facilitate or undermine infiltration.
people’s sense of volition and initiative, in addition to
their well-being and the quality of their performance Formation of the proposed Tribunal
[2]”. It also deals with “individual’s experience of  5 member judges from 5 different countries. They
autonomy, competence, and relatedness [3].” are re-electable if necessary. Their term will be for
3 years. They will be appointed by the International
Objectives court of Justice. The judges will have the
The general objective of this study is to give experience of highest court (appellate division) of
information on historical perspective of Kashmir their respective countries. Two judges will be from
problem and the legal aspect of this debacle.
India and Pakistan. Others will be from the country
The specific objectives of the study are follows: that does not have any vital interest in indo-pak
region.
 To discuss both Indian and Pakistani version of
Kashmir problems;  The judges of this tribunal will have general
 To explain the complicity of ICJ; meeting with the head of the states (India and
Pakistan) which will be held in every month.
 To identify the legal solutions of Kashmir
problems;

METHODOLOGY DISCUSSION
Qualitative methods like content analysis and The former US President Mr. Bill Clinton once
documentary analysis have been taken for the study. Data stated Kashmir dispute as, “the most dangerous place on
have been gathered from different secondary sources and earth[4]”. Sequel to revival of political struggle of
reports such as books, journals, newspapers, magazines Kashmiri masses in 2010, the former Indian ambassador
and websites. and lawmaker, Mr Kuldip Nayar said that, despite heavy
military deployment of Indian Army in the Occupied
Kashmir, India could neither restore peace nor resolve the
RESULTS dispute to the satisfaction of the masses. He stated, “Every
Former DG of ISI LT GN Hamid Gul said that now and then there is an incident in the valley to register
if Kashmir could be resolved through court proceedings the people’s discontent [5].”
we would have done it long ago. Legal experts of India
and Pakistan failed to find a peaceful solution of this The reason behind the creation of a tribunal is
dispute. Indians say Jammu and Kashmir is the integral very logical. When an incident occurs along the line of
part of India. Pakistanis say either hold a referendum in control we see what transpired on India’s and Pakistan’s
Indian administered Kashmir or give Indian news channels. The news room of Republic TV (India)
administered Kashmir to Pakistan. Few Indians say and Times Now (India) becomes fish market. There is a
Kashmir should be independent. There is more than need of third party intervention to resolve the disputes
60% turn out in the provincial election in Kashmir. between India and Pakistan. There may be a need of
International Court of Justice (ICJ) did not take the joint task force to sort out the matters concerning the
cognigence of the matter at any time. Channel 4 of line of control. They will be under the control of that
United Kingdom aired the videos and pictures of human proposed tribunal. The joint task force will be headed by
rights violation in Indian administered Kashmir. United two military officers on the rank of Lieutenant General.
Nations failed to take proper steps at that point of time. They will be from both India and Pakistan. The joint
As India is not the party to the International criminal task force will submit monthly report to that proposed
court the matter was never taken up there by tribunal. The task force will consist of hundred members
international community. Indians say Pakistan from Indian and Pakistan armed forces. Their role will
administered Kashmir as Pakistan occupied Kashmir. be limited to collecting and sharing intelligence. They
Pakistanis say Indian administered Kashmir as Indian will also pinpoint the threat which will pose as a danger
occupied Kashmir. India’s right wing politicians, to the relationship between India and Pakistan.
bureaucrats and social activists regard Gilgit Baltistan
as part of India. However, Gilgit Baltistan is now under
sovereign control of Pakistan. From the above
discussion it can be drawn that the “so called” Kashmir
issue which was merely a territorial issue has now
become the talking point of human rights violation. As
Kashmir issue is being tackled through diplomatic
means it is no longer a cup of tea for lawyers.
© 2019 Scholars Journal of Arts, Humanities and Social Sciences | Published by SAS Publishers, India 47
 AFM Asif Aznani., Sch J Arts Humanit Soc Sci, January, 2019; 7 (1): 46–48

According to Hussain CONCLUSION

Haqqani, Pakistan has consistently allowed What will happen if the above mentioned solutions
sentimentality to trump strategic thinking. Much of the are devalued by the all stakeholders? It will not be
Pakistan’s handling of Kashmir has been unstrategic, easy for India and Pakistan to accommodate those
overwrote and unsophisticated both in the past and the solutions overtly and covertly. There are unseen
present. He said that coherent strategy and well walls which will be an obstacle in implementing
considered end game can help Pakistan to resolve the those solutions.
Kashmir dispute. He also says that there was lack of
Zs2aw
political will to reach out Sheikh Abdullah who was a At the end of the day war is not a solution to this
popular leader in Kashmir valley during 1948. More bilateral dispute. Kashmir is called “The heaven on
than that Pakistan did not have successful military earth”. Both India and Pakistan can earn huge amount of
plan. In 1965 Pakistan sent mercenaries across the line money just from the tourism sector. Napoleon said that
of control. They thought those people will be able to Army crawls on their bellies. It means there is a need of
instigate local kashmiris. However, it backfired. India monetary resources to run an Army. In this respect He
attacked Pakistan on international border. In Kargil emphasized on the Economy. No country can prosper
war, Pakistani forces went up the hill and mountain. just on the basis of their military strength. India is the
They challenged the highway linking Srinagar to leh. second largest economy in the world in terms of PPP
Pakistani establishment thought international (Purchase power parity). If they wage war against
community will support them. This time also India Pakistan it will ruin their economy. Pakistan on the other
won the heart of international community. Hussain hand is on the verge of economic collapse. In these
Haqqani believes Pakistan has a strong case on circumstances, both India and Pakistan should initiate
Kashmir. Strategy needs several steps to be thought comprehensive dialogue.
through.

Step 1- if it does not succeed, what will be the

step 2. If it succeeds what will be the step 2. What will ACKNOWLEDGEMENT
be step 3 after that? What will be the end game? I am grateful to HT Shurovi, former student,
According to him, Kashmir is not an emotional subject Institute of Social Welfare and Research, University of
matter. Pakistan’s approach becomes adhoc in dealing Dhaka, for her inspiration.
with Kashmir problem.
REFERENCES
Now the question arises who will be that third 1. Deci E, Ryan RM. Intrinsic motivation and self-
party. India on various occasions confirmed that determination in human behavior. Springer Science
according to shimla agreement the existing disputes will & Business Media. 1985 Aug 31.
be resolved bilaterally. However, on many occasions 2. Deci EL, Ryan RM. The" what" and" why" of goal
Pakistan sought interventions from China, USA and UN. pursuits: Human needs and the self-determination
UN is not nowadays intervening in the matters of India of behavior. Psychological inquiry. 2000 Oct
and Pakistan. USA intervened during the Kargil war of 1;11(4):227-68.
1999. The criminal matters occurring along the line of 3. Ryan RM, Deci EL. Self-determination theory and
control cannot be even taken up by the ICC (International the facilitation of intrinsic motivation, social
Criminal Court) as India and Pakistan are not the development, and well-being. American
signatory to the Rome statute on the basis of which ICC psychologist. 2000 Jan;55(1):68.
was formed. India also defied the UNMOG (United 4. Pankaj Mishra. “A Jihad Grows in Kashmir,” New
Nations Military Observer Group). To rein in the blame York Times, August 26, 2008, accessed August 26,
game and character assassination India and Pakistan 2014, www.nytimes.com
should go into the direction of Dialogue. 5. Kuldip Nayar. “The Kashmir question Time to give
up entrenched positions,” Tribune India, April 3,
Probable Solution of Kashmir Problem Certain 2012, accessed August 26,
steps can be taken for settle this dispute: 2014,www.tribuneindia.com
 Applying doctrine of modus Vivendi.
 Reinitiate 4 point formula proposed by former
president of Pakistan General Pervez
Musharraf.
 Cross-Border trade should be encouraged.
 Rehabilitation centre for militants.
 Tourism between Indian administered Kashmir
and Pakistan administered Kashmir should be
initiated.
 There should be proper rules of engagement in
relation to conduct comprehensive dialogue.

© 2019 Scholars Journal of Arts, Humanities and Social Sciences | Published by SAS Publishers, India 48