Background of the dispute :
Kashmir was one of the 565 princely states that existed in India during the British Rule.These Princely states were not parts of British india , but were tied to it in a system of subsidiary alliances.In 1947, when British decided to leave India , they passed Indian Independence Act 1947 provisioning partitions and partitioning and other administrative aspects . The main provisions of the Act are
1.Partition of British India Into India and Pakistan.
2.Partition of Bengal and Punjab between India and Pakistan.
3.Princely states would be completely Independent ,the Ruler can decide whether to accede to India ,to accede to Pakistan,or to remain independent.
Nearly 560 Princely states acceded with India and a few Muslim states which were close to Pakistan's territory acceded with Pakistan.The Hindu Ruler of Kashmir Hari singh didn't want to join Pakistan and also India.But Militant Muslim Revolutionaries and Pakistani tribesmen made a rapid advance in to kashmir to capture the power,now 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 In Jammu and Kashmir, Indian army worked out to drive out the Pakistanis.But pakistan occupied the western part of kashmir and refused to vacate .Hence many wars were fought on this cause .And also in Sino-Indian war India lost badly and hence China occupied a part of kashmir. these are the disputed territories of kashmir.
INDIA's view
The dispute Began from the very first day Kashmir was annexed with India,So India Treated Kashmir Separately from other states of the country.
"I say with all respect to our Constitution that it just does not matter what your Constitution says; if the people of Kashmir do not want it, it will not go there. Because what is the alternative? The alternative is compulsion and coercion..."
"We have fought the good fight about Kashmir on the field of battle... (and) ...in many a chancellery of the world and in the United Nations, but, above all, we have fought this fight in the hearts and minds of men and women of that State of Jammu and Kashmir. Because, ultimately - I say this with all deference to this Parliament - the decision will be made in the hearts and minds of the men and women of Kashmir; neither in this Parliament, nor in the United Nations nor by anybody else," Jawaharlal Nehru said in the Lok Sabha on June 26 and August 7, 1952.
And hence Article 370 was framed to the Indian Constitution ,It Grants Special Status for Jammu & Kashmir .
Article 370 :
According to this Article, except for defence, foreign affairs, finance and communications, the Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states can not purchase land or property in Jammu & Kashmir.Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
India contested public elections all these years and few were really successful .but Indian government was not able to gain the confidence of kashmir people and give them a peaceful life .
KASHMIR People's view:
In Kashmir ,Indian Government has equipped more than 1 million Militants and Reserve Forces . which always keep a stress in kashmir and in addition to that government of India has implemented AFSPA in kashmir .
AFSPA(Armed Forces Special Power Act) :
AFSPA exists not only Kashmir but also in North East states of India. AFSPA is absolute brutality and human right violations..
According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:
- After giving such due warning, Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order,
- Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.
- To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.
- To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.
- Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.
- Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.
- Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.
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Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central
People claims that more than 1 lakh people has been murdered by Indian militants in kashmir .So, Some section of people want a separate nation and majority of people want indian army to evacuate .
Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central
People claims that more than 1 lakh people has been murdered by Indian militants in kashmir .So, Some section of people want a separate nation and majority of people want indian army to evacuate .
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