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J&K FAQ - Frequently Asked Questions


1. Where is Jammu and Kashmir on the world map?

Jammu and Kashmir (J&K) is the northern most state of India amidst the beautiful Himalayas, sharing its western border with Pakistan & Afghanistan and its eastern border with China. The official map of J&K is available online at the website of Indian Embassy at http://www.indianembassy.org/new/Kargil/J&K_Map.html


2. To which country has J&K belonged historically?

To begin with, Pakistan itself came to exist only from 1947 !

Historically, it has belonged to India as it remains the fountainhead of Indian civilization.

J&K has always been part of India over a recorded period of 5000 years.

A detailed analysis is here , on the historical, legal and moral claims of India on the J&K region.


3. When did the conflict between India and Pakistan over J&K start?

In August 1947, during the time of partition of the then India into India and Pakistan.

The then Pakistan was split into two non-contiguous states. The present day Pakistan was called "West Pakistan" and the present day Bangladesh was called "East Pakistan" until 1971.

The Maharaja of J&K was undecided, as he was keen to keep his state independent and not merge it with either India or Pakistan.

Then, on Oct-22-1947, Pakistan launched an invasion of J&K, although intrusions had begun almost immediately following the partition of India on Aug-15-1947.

The Maharaja of J&K signed the Instrument of Accession to India on Oct-26-1947 and J&K legally became a part (state) of India. Repeated scrutiny by the UN demonstrated that the accession was legal and complete. All other 562 princely states like Mysore and Gwalior had also acceded to India through the same Instrument of Accession. Refer to the factsheet on J&K's accession to India: .

The Government of India (GoI) sent its troops under Lt. Col. D.R.Rai to J&K on Oct-27-1947 to save it from Pakistan’s invasion, and there was widespread jubilation among the citizens of Srinagar and the inhabitants of neighboring towns and villages, who faced the onslaught of the marauding Pakistani forces.


4. If there is indeed no dispute regarding the State's accession to India, why did the case go before the UN?

Prompted by the Pakistani aggression on J&K, on Jan-01-1948, India complained to the UN Security Council under the provision of Article 35 of the UN Charter . The question taken to UN was not about the status of J&K, whose accession to India was complete. The matter taken to UN was that Pakistan has invaded J&K. The GoI notified the UN that a security related situation had developed and its continuation endangered the peace and security as a result of Pakistan's invasion.


5. How many deaths has the conflict caused?

The conflict has cost over 50,000 deaths till now and 350,000 refugees are living in torturous conditions in various refugee camps in J&K and Delhi. For detailed information on the human casualties, refer to: http://www.kashmir-information.com/Atrocities/index.html .

Both Hindus and Muslims were killed. ( refer: jan2001conf_008.shtml ). Once again, Pakistan's claim of being guardian of Muslims in J&K lost its relevance.

The outcome of recent poll by an independent British agency also suggests the same. ( refer: http://www.mori.co.uk/polls/2002/kashmir.shtml ).

At the same time, the displaced 350,000 people are predominantly Hindus, targeted by ethnic Afghan & Arab paid mercenaries, and are thus victims of Islamic fundamentalism.


6. What is the basis of Pakistan's claim on J&K region?

Pakistan itself was formed on the basis of two-nation theory which says Hindus and Muslims are two different entities and thus cannot coexist peacefully.

The terms of partition and Instrument of Accession provide absolutely no basis for Pakistan to claim J&K.

India is a secular democracy where people of all faiths have equal rights under its constitution. India has more Muslims than Pakistan (140 million, against 120 million in Pakistan), who enjoy far more rights in India than the Muslims themselves enjoy in Pakistan since 1947 and even now. Pakistan's claims to J&K on religious grounds loses its value again.

The region known as Pakistan Occupied Kashmir (PoK) could well be termed as Pakistan Colonised Kashmir (PCK).

Pakistan does not provide equal rights to either Kashmiris in PoK or to its own non-Muslim citizens in its mainland. According to the US State department report, it is guilty of some of the worst human rights crimes against the population of PoK. This report is available at pojk_001.shtml .

The ruling Punjabi elite and the Pakistani military junta are against the wishes of their own people. The Muslims of Sindh, Baluchistan, Pakhtunistan provinces of Pakistan want to secede from it. What could be more embarrasing for Pakistan?

refer to

Pakistan also committed atrocities against the Muslims of East Pakistan which led to the break-up of the country in 1971 conflict with India. The horrors committed by the Pakistan army in Bangladesh are yet to be publicised well by the western media. Pakistan's dubious claims, are not based on legalities, but rather prompted by its hatred of India and to whip the passions of its people to divert their attention from the corruptions and scandals.


7. What is the stand of United Nations with regard to this conflict?

The major resolutions passed in UNO with regard to J&K conflict are : UNCIP resolution of Aug-13-1948 and UNCIP resolution of Jan-5-1949

UNCIP resolution of Aug-13-1948

Provided for the " future status of the State of Kashmir shall be determined in accordance with the will of the people ", and thereby included the possibility of Jammu and Kashmir becoming independent of both India and Pakistan.

Part I : Cease Fire

Part II : Withdrawal of all illegal Pakistani entrants from J&K.

Part III : On fulfillment of part I & II, plebiscite to determine 'future status' of J&K (allows accession to India, or to Pakistan, or remain independent)

Pakistan had this provision reduced, in the UNCIP resolution of Jan-5-1949 to "the question of the accession of the State of Jammu and Kashmir to India or Pakistan ", thereby excluding the possibility of an independent Jammu and Kashmir.

UNCIP resolution of Jan-5-1949 :

Part I : Same as combination of above I & II.

Essential Preconditions.

Part II : Same as above Part III, but EXCLUDES independence to J&K; plebiscite to result only in either accession to India or to Pakistan; there exists no 3rd possibility.

Yet, Pakistan carries on the propaganda that it champions the cause of freedom of the people of J&K!

UN resolutions require plebiscite ON FULFILLMENT OF PRECONDITIONS stated in Aug-1948 and Jan-1949 UNCIP ( UNCIP - United Nations Commission for India and Pakistan ) resolutions.

UN has never issued a letter or communication to India stating that the conditions have been fulfilled and therefore UN has NEVER asked India to actually conduct plebiscite.

For more details on UN resolutions, please visit hmcpjk.shtml#tagUNResoln1949 and uno_docs_000.shtml (for UN resolutions document archive).


8. What do the UN resolutions require India to do with respect to plebiscite?

UN resolutions require India to hold a plebiscite as per the wishes of the people of J&K - " upon fulfillment of preconditions by Pakistan ".

Since 1964 the UN Resolutions expectations have been shelved; at this point there is nothing that India has been asked to do as per UNRs. Recently, the Secretary General of United Nations, Mr. Kofi Annan has stated that the UN resolutions with regards to J&K have expired their period.


9. What must happen for India to fulfill the UN resolutions on J&K issue ?

An important pre-requisite for India to fulfill the UN resolutions is the complete demilitarization of parts of J&K which is illegally occupied by Pakistan.

Pakistan has failed to fulfill this pre-requisite and hence plebiscite could not take place. The conflict continues as armed mercenaries are sent across the border to India for terrorist activities on the Indian soil. Pakistan still illegally occupies parts of J&K and gives moral/ financial/ tactical and intelligence support plus sponsorship to Arab/Afghan terrorists in the region.


10. How and Why Pakistan avoided Plebiscite?

Pakistan NEVER was in favor of ‘self-determination’ of the Kashmiris. The Pakistani Army regulars under the disguise of guerilla fighters had committed huge atrocities against the inhabitants of the region.

Pakistan also committed atrocities against the Hindus and Muslims of East Pakistan which led to the break-up of the country in 1971 conflict with India .

Pakistan has incessantly attempted to coerce the Kashmiris. - " The invasion of kashmir is meant to coerce and compel the kashmiris to act in a particular way, namely, to accede to Pakistan. Every kashmiri resents this compulsion on his will ". - Sheikh Abdullah, Times of India, Oct-28-1947.

Pakistan had to avoid the plebiscite because it realized that Kashmiris, having suffered an enormous loss of human dignity at the hands of Pakistan, would not vote to accede to it. It repeatedly raised problems regarding demilitarization of the region required as a pre-condition to the plebiscite by the UN resolution, so that it could actually stall the plebiscite even as it kept demanding it, to buy time for demographic changes in the region.

Excerpts from "How Pakistan avoided Plebiscite" by B. L. Sharma are available at pojk_002.shtml .


11. What is the present status of UN resolutions with regards to the conflict 54 years after they were passed?

The United Nations Security Council President's statement of May-18-1964 states that J&K issue must be resolved bilaterally. UN observed that pre-conditions to referendum were not fulfilled by Pakistan, and thus resolutions could not be implemented. UN never issued a letter or any official communique that plebiscite should be held NOW. The UN resolutions stand null/void in present context as there has been a sea-change in demography of the region since the day they were passed.

Even the Secretary General of United Nations, Mr. Kofi Annan has said that the UN resolutions with regards to J&K have expired their period.


12. Why Pakistan harbours and supports terrorism? Where do the terrorists come from?

Pakistan has lost four wars with India over the J&K issue, including the Kargil war in May-June 1999.

It must be remembered that all the India-Pakistan wars were started by Pakistan.

Having realized impossible to win in a conventional war, it decided for a low cost terrorist compaign against India while calling the terrorists as freedom-fighters. A very small percentage of the terrorists operating in the region are Kashmiris and majority are ethnically Pakistani, Afghans and Arabs. They are either paid mercenaries or recruited in the name of Jihad-holy Islamic war. Lately Pakistan is emerging as the major military voice of Islamic imperialism against 'kafirs'. J&K is the immediate target, and strategically window into the rest of non-islamic world.

Terrorist attacks against India are terrorist attacks just as they would be against the rest of the world.

Many terrorists linked to WTC attacks against United States of America had Pakistani links. Some of the terrorists who attacked WTC had direct connections in Pakistan and there have been speculations on possible state-sponsorship of terrorism that created havoc in USA on Sept-11-2001. Refer:

There is an inseperable link between Pakistan and International Terrorism; Already on the trail of an alleged plot to spread deadly radioactive material across parts of America, U.S. investigators in Pakistan watched their key suspect board a plane bound for Switzerland. refer Yahoo news report :

The British Foreign Minister recently admitted that they are strong links between terrorists operating in J&K and Pakistani Intelligence Agency (ISI).

Thus annihilation of terrorist activities in J&K has significance for global peace.


13. Do the people of Jammu and Kashmir enjoy democracy and basic freedom?

The state of J&K has a special status in the Constitution of India and has its own Constitution which was officially adopted on Jan-26-1957. The people of J&K enjoy full democratic freedom and have been exercising their right of vote since then.

Extracts from Jammu and Kashmir Constitution are available on web at legal_docs_004.shtml .

The will of the people of J&K is contained in J&K-Constitution, Section 3(non-amendable) which states "The State of Jammu and Kashmir is and shall be an integral part of the Union of India" . A number of free and fair elections have been held in Jammu and Kashmir despite Pakistan's bid to foil them. This is in sharp contrast to conditions in Pakistan where there has been continued dictatorship. The present Government of J&K is an elected Government, as has been the case for most of the period since 1947.

Democracy is functioning smoothly in J&K (except in Pakistan Occupied Kashmir and in Chinese Occupied Kashmir) despite Pakistan's continued efforts to obstruct the democratic process by Cross Border Islamic Terrorism (CBIT)


14. What is the position of Indian Muslims with regard to J&K conflict and seccessionism which has its root in religion?

Pakistan’s claims of being guardian on Kashmiri Muslims are at best hypocritical. The Muslim Scholars of India have lamented against the brutalities done by Pakistan against the Kashmiri Muslims as :

"It is a strange commentary on political beliefs that the same Muslims of Pakistan who like the Muslims of Kashmir to join them invaded the state, in October 1947, killing and plundering Muslims in the state and dishonoring Muslim women, all in the interest of what they described as the liberation of Muslims of the State."

Text of memorandum submitted by Muslim leaders of India, including Dr. Zakir Hussain, Vice Chancellor of Aligarh Muslim University, to Dr. Frank P. Graham, United Nations Representative dated Aug-14-1951 is available at legal_docs_008.shtml


15. Who are the Kashmiri Hindus and why were they driven out of the valley?

Kashmiri Hindus numbering more than 350,000 are living in filthy conditions in various refugee camps in J&K and Delhi. The community has been largely ignored by their own Hindu brethren. They are the victims of terrorism unleashed in the valley by foreign mercenaries in order to effect a demographic change in the region. The detailed information on the plight of Kashmiri Hindus is available at http://www.kashmir-information.com/Atrocities/index.html .


16. What has been the opinion of world leaders with respect to the WILL of people of J&K?

World leaders have been on record stating that J&K is an integral part of India and people of J&K have opted for union with India.

Refer to wlop_001.shtml


17. What is Pakistan Occupied Kashmir? How are the Kashmiri people treated in PoK region?

Pakistan Occupied Kashmir is the part of J&K illegally occupied by Pakistan since its Army regulars dressed as guerilla fighters invaded the region in 1948. Pakistan calls Mirpur-Poonch area as 'Azad Kashmir'. It even has a puppet ‘President’, ‘Prime Minister’ and ‘Assembly’. Northern areas of Gilgit-Baltistan is directly under Pakistan Govt. and is called PoK. In Pakistan, the Muslims of this region are treated with contempt, and are called ‘hataoes’. The region is under-developed, there are very few hospitals and schools, with little or no progress at all !

The same is true in Dardistan and Baltistan, misruled by Pakistan by factoring that region into five divisions: Gilgit, Skardu, Chilas, Gohkoch and Khalpo, drawing a leaf from the British ‘divide and rule’ technique.

Major (retd.) Hussain Shah of the Muttahida Qaumi Party says, "Pakistan can no more exploit our patriotism". Unless Pakistan recognizes their fundamental rights, he says the people will have to "explore new avenues."

Ms. Malika Baltistani of the ‘Gilgit-Baltistan National Alliance’ says, "My political party is seriously thinking of armed and political assistance from whoever it may be, to get rid of Pakistan’s unjust rule". She openly says that if their demand for autonomy and fundamental rights were denied, the people of the area "would not mind calling it a day with Pakistan." At a press conference in Karachi, she went to the extent of saying that they would "go with any nation or country that ensured them their basic rights."

More details on the plight of people of PoK region are available at pojk_000.shtml .


18. India has stated that she is willing to discuss the issue under the Shimla Agreement.

In what way will this agreement insofar as it pertains to J&K, pave the way to a peaceful settlement?

A peaceful settlement requires two essential elements:

(i) That Pakistan desist from supporting and indeed championing terrorism in J&K.

(ii) That internal difficulties in the State be resolved through political dialogue, between Government and the people.

Once this is achieved, remaining differences with Pakistan can be resolved through bilateral dialogue as laid down in the Shimla agreement ( http://www.indianembassy.org/policy/Kashmir/shimla.htm ) to which Pakistan is also a signatory and thus provides for only framework of talks.

Opportunities were provided for talks within Simla framework at Lahore (1999, Vajpayee Bus Journey) and Agra (2001, Musharraf invited for talks) and Pakistan blew it.


19. Recently Pakistan has been repeatedly gesturing that it is ready to have a dialogue with India for peaceful settlement of the issue, but India seems to turn down the requests. Why does India seem to be not prepared for talks ?

India, on numerous occasions, has taken initiative in this direction to solve the J&K dispute through dialogue between the two nations.

Simla agreement in 1972 ( legal_docs_005.shtml )

Prime Minister Vajpayee's bus trip to Lahore in 1999 and the invitation to General Pervez Musharraf to Agra in July 2001 were steps in this direction, but in every case, the Pakistani Army showed little respect for diplomatic solutions.

The Pakistani Army lost the Kargil war and realised its misadventure which followed Prime Minister Vajpayee's Lahore bus trip.

The attack on the J&K Assembly on Oct-1-2001 by Islamic terrorists came after the highly publicized Agra discussions between India and Pakistan, which failed primarily because President Gen. Musharraf of Pakistan failed to accept Pakistani involvement in sponsoring terrorists whom he called 'freedom-fighters'.

The Islamic terrorists attacked the Indian Parliament in New-Delhi on Dec-13-2001.

General Musharraf has done little to curb cross-border terrorism originating from Pakistani soil, causing bloodshed in India. As on June-12-2002, Pakistan's claims on infiltration levels are yet to be verified by India, a position agreed by USA also.

India has made its position very clear to Pakistan and to the world community at large that no talks with Pakistan are possible till the Cross Border Islamic Terrorism (CBIT) sponsored by Pakistan stops and any claims from Pakistan are verified on the ground by its actions.

India also said talks will only be within the framework of Simla agreement and Lahore declaration as agreed between them.


20. There are reports from human rights groups both from within India and internationally, of widespread human rights abuses by the security forces in J&K, particularly in the Kashmir Valley. Does this not tarnish India's image for respect for human rights? What has been Government's response?

Over the last decade, thousands have lost their lives including over 1,000 members of the security forces. The terrorists specifically targeted the press, including editors of the leading Kashmiri newspapers, apart from the security forces, police and the judiciary. In 1993, by an act of Indian Parliament the National Human Rights Commission was set up.

The Commission, staffed by retired justices, has issued instruction booklets to security personnel, as supplements to existing instructions, on how they are to behave with civilian populations in times of disorder and respect human rights in precarious situations. Over the last five years this commission has been widely praised, including by the US Government, for its very active role in investigating and following up of human rights abuses in a tough and independent manner. A similar commission has also been set up at the State level in J&K after the installation of the present state government.

Government policy is therefore clear and mechanisms also exist for restitution. There is therefore no question of a ‘deterioration’ in human rights. Human rights abuses in J&K are the result of terrorists who ruthlessly target civilians and children. The US State department’s annual report on terrorism has stated that there is credible evidence of official Pakistani support for terrorism in J&K. Indeed, in the last report it specifically listed the Harkat-ul-Ansar, a Pakistan based organisation, operating in J&K, as a terrorist organization.

For more information on the excellent humanitarian work the Indian Army is doing in J&K along with fighting armed foreign mercenaries, please visit http://www.armyinkashmir.org .


21. What is China Occupied Kashmir and what is China's position over the J&K issue?

China Occupied Kashmir (COK) is the region north of Kargil which was a gift from Pakistan to China whereas Chinese Occupied Ladakh(CoL) is the region invaded by China in 1962 war.

CoK is a very good reason why India has no obligations to Pakistan or anybody about plebiscite in J&K or self-determination in J&K. By unilaterally deciding and without the consultation of any Kashmiris, Pakistan gifted parts of J&K to China and hence it has lost any locus standi in J&K matters.

More details on COK, Chinese Occupied Ladakh and the chronology of events related to China's involvement in the dispute along with relevant map of the region is available at cojk_000.shtml .


22. What are the economic opportunities being provided by Indian Govt. in the state of J&K ?

As a result of initiatives taken by the Government of J&K in the background of an improved security environment, several opportunities now exist to encourage investment in the state of J&K.

Under infrastructure development, industrial estates are being set up to facilitate availability of accommodation for new industries, upgradation of the Jammu - Srinagar Highway through private investment and encouragement of development of roads and bridges. Investments are also encouraged to upgrade urban facilities in the capitals of Srinagar and Jammu.

refer to http://www.indianembassy.org/policy/Kashmir/FAQ-Kashmir.htm


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