The Dispute Territory Of Jammu & Kashmir Belongs To Whom: All Your Questions Answered

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Jammu and Kashmir is a large state and was once ruled by a Maharaja in the Past. Currently, India has control of 60% of the area of the former Princely State of Jammu and Kashmir, Pakistan controls 30% of the region and China administers 10% of the states since 1962.

Even today we debate a lot on freedom of Jammu and Kashmir and PoK but what had actually happened is merely very less known fact to everyone. Let me go back to the history and reveal you the true incidents.

In the year 1947, Jammu and Kashmir was an independent country ruled by Maharaja Hari Singh. With the impending independence of India, the British announced that the princely states would end, and the states were free to choose between the new Dominions of India and Pakistan or to remain Independent. Even though Jammu and Kashmir was a Muslim majority state but Maharaja Hari Singh chose to be neutral and did not join either of the countries.

India respected the decision of Maharaja whereas Pakistan did not. Pashtun tribesmen from Pakistan invaded Jammu and Kashmir with the help of Pakistan’s government under the impression that Hari Singh would accede to India. Pakistani raiders and soldiers attacked the state in 1947 forcing the Maharaja to flee to India. He wrote a letter to the Governor-General of India, Lord Mountbatten and requested India to help his people who were being killed and looted by the Pakistani raiders. He also decided to join the India Dominion by accepting the legal document Instrument of Accession. By executing this document under the provisions of the Indian Independence Act 1947, Maharaja Hari Singh agreed to accede to the Dominion of India.

Jammu & Kashmir Map
Jammu & Kashmir Map

The Indian ruler at that time was Prime Minister Jawaharlal Nehru. He accepted Jammu and Kashmir’s accession to India and agreed to rescue his people from the Pakistani attackers. Indian troops were flown into the Kashmir Valley and they managed to drive away most of the Pakistani raiders from the state. But a large area of the state remained under the control of Pakistani soldiers. These areas were difficult to reach because they were surrounded by tall mountain ranges.

India took this issue to United Nations (UN) Security Council and put forward its demands to withdraw the Pakistani troops from the land of Jammu and Kashmir as it belongs to India. To maintain international peace and security UN heard both the countries plea and passed a resolution and also informed both the countries to follow the resolution on their goodwill.

You can find this resolution documented on UNSC website. The resolution mentioned 3 steps to be followed. These 3 steps were sequential and also conditional

  1. Pakistan should demilitarize its troops to the satisfaction of the UN body that would be established for this purpose.
  2. After Pakistan demilitarized its troops India should also demilitarize its troops with a presence of few authorities be permitted to defend itself against the Pakistan aggression.
  3. When both of the above conditions are satisfied in the said sequence then a plebiscite should be held to decide the faith of Jammu and Kashmir.

Pakistan never fulfilled the first step and necessary condition. They refused to vacate the areas of Jammu & Kashmir it had forcibly grabbed because of which plebiscite didn’t take place. It was the Pakistani action which forced the Maharaja to join India. Legally, Jammu & Kashmir is an integral and inseparable part of India. There is no reason to held a plebiscite as the land belongs to India but still the then Prime Minister of India, Pundit Jawaharlal Nehru, agreed to hold a plebiscite because he was a democrat and wanted to find out what the people of the state of Jammu & Kashmir wanted.

India wants to settle the problems once and for all. But Pakistan will only accept a solution under which it can keep the Kashmir Valley to itself and India will never allow this.