The Indo-Pakistan boundary represents the political division of a single geographical, ecologi­cal and economic region with all the resultant incon­gruities, anomalies and irrationalities.

These bounda­ries are direct product of the process of partition in 1947 and were led down on the communal grounds under the Radcliffe Award; Sir Cyril Radcliffe act­ing as the Chairman. Radcliffe tried to be fair, but fairness was difficult when the facts on which claims were based were poorly substantiated, and the claims were conflicting.

(1) Rann of Kachchh Dispute

The Indo-Pakistan boundary runs along the Rann of Kachchh (Gujarat State), Rajasthan, the Punjab and Jammu and Kashmir. Under the Radcliffe Award, the boundary was well defined and partly demarcated on the ground. Pakistan, however, as­serted that the boundary in the Rann of Kachchh area was not delimited.

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It argued that the Rann was not a marsh but a land-locked sea or lake and, therefore, it should be equally divided between India and Paki­stan. India denied the claim and presented proof that the Rann was a marsh and always remained part of the Kachchh State which after independence had merged with India.

The Rann of Kachchh covers an area of20, 720 sq. km. of salt flats, brackish ponds, and marsh, interrupted by a few rocky elevations. Pakistan claimed 9,065 sq. km of the Rann of Kachchh, and in 1965 its troops invaded the area and reached inside Indian Territory. On the intervention of the Prime Minister of Britain the dispute was referred to a boundary tribunal constituted by the International Court of Justice with Gunnar Lagergren of Switzerland as president, Ales Bebler of Yugoslavia as the Indian representative, and Nasrollah Entezam of Iran as Pakistani representative.

The tribunal examined 10,000 pieces of evidence and 350 maps and awarded 906.5 sq. km of the Kachchh area (nearly 10 per cent) to Pakistan despite the protest from the Indian repre­sentative. M. C. Chagla reacted by saying that the Kachchh award seemed to be based more on politi­cal than on judicial considerations.

The award gave two inlets on either side of Nagar Parker peninsula and a marginal area south of Rahim Ki Bazar, in­cluding Pirol Valo Kun as well as Dhara Banni and Chad Bet. Finally, both sides accepted the award and the demarcation work of the boundary were completed in early June, 1969. The rest of the Indo- Pakistan boundary was delimited by the Radcliffe Award on communal and economic grounds. A part of Kashmir occupied by Pakistan with continuing threats on the Kashmir border is a regular feature of the Indian defense problem.

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(2) The Kashmir Problem

Jammu and Kashmir, with a total area of 222,236 sq. km, is the 6th largest state (6.76 percent of the country’s area) of India. It is almost equal to the size of England, Wales and Scotland. The strategic location of Kashmir was similar to Switzerland in relation to Italy, France and Ger­many.

The state has common boundary with China and is close to Russia. Kashmir problem is the most serious and complex problem between India and Pakistan which is a major stumbling block in nor­malizing the relations between the two countries. The problem has led to three bloody wars between India and Pakistan besides frequent skirmishes. The problem has been so much politicized that it has become the part of the national prestige and honour for either of the two countries.

Jammu and Kashmir state is not a single geographic, economic, cultural or linguistic unit, but a conglomeration of six distinctive regions which except for Hunza, Gilgit and Nagar were brought as a united political unit by Maharaja Gulab Singh, who entered into a subsidiary alliance with the British within the Indian Empire in 1849. Among the vari­ous regions the most significant is the historic Kash­mir Valley, a well-developed centre of tourist attrac­tion and politically the seat of central authority. Overwhelmingly Muslim in population this region is the most critical in the dispute.

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The minority of Kashmiri Brahmans have traditionally held posi­tions of economic, social and political power, whereas the Muslim peasantries have remained very poor. The second region, Jammu lies in the southern part and contains only one-seventh of the state’s territory. Its population is predominantly Hindu. Jammu city is the winter capital of the state and home of state’s former rulers (the Dogra Rajputs).

The third region, Gilgit, in the northern part of the state, is mountainous and almost entirely Muslim. It used to be reached from Srinagar by crossing high mountains and glaciers. But now it is well linked to Pakistan through Karakoram highway built by China in 1970’s. The fourth region of Baltistan in the extreme northern part of the state is highly mountainous. It is reached by a road along the Indus River in Pakistan. It is overwhelmingly Muslim.

The fifth region, Punch, lies to the north of the Jammu region and west of the Kashmir Valley. It is mostly Muslim and is easily accessible from Pakistan. Two important rivers Chenab and Jhelum flow through this region. The sixth region is Ladakh (also called ‘Little Tibet’) which covers over one-third of the state’s area. It is a vast, barren, high plateau resembling Tibet in culture, Lamistic Buddhism, Tibetan language and Mongoloid racial characteristics.

From the cultural point of view there is no state in India which has so much ethnic heterogene­ity as Kashmir. It is a multi-ethnic, multi-lingual, and multi-religious state. Among the total popula­tion of the state 65.8 per cent are Muslims, 30.4 per cent Hindus and remaining Buddhists, Sikhs and considerations also. India is a secular state and surrender of Kashmir on religious grounds would be a denial of the nation’s essential principles.

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The strategic location of Kashmir close to Russia and China is believed to be of critical importance to India. China’s aggressive policy in the late 1950’s in its occupation of Tibet, and later a part of Ladakh and building of a road through Aksai Chin in Ladakh, as well as its threatening posture toward India have all lent urgency to the strategic aspect of Kashmir’s location.

Unlike most of the princely rulers who had either acceded to India or Pakistan before August 15, 1947, the ruler of Kashmir did not make up his mind.

The Maharaja thought that any decision to accede to one dominion or the other might at this stage start off a chain of events which would disturb the peace of the state. He wanted to avoid the bloodshed which was taking place in India and Pakistan after parti­tion. Nevertheless, the Maharaja concluded a stand­still agreement with Pakistan by the exchange of telegrams on August 12 and 16, 1947. Before such agreement could be concluded with India, Pakistan cut off the communications and stopped the supply of essential commodities to coerce Kashmir.

On October 22, 1947 fully armed tribesmen supported by Pakistan military invaded Kashmir. They re­sorted to indiscriminate slaughter of Muslims and Hindus (Sisir Gupta, 1966, p. 110). Unable to pre­vent the raiders from committing large scale killing, looting and arson, the Maharaja allowed the acces­sion of the state to the Indian Union.

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The instrument of accession of Kashmir was signed by Maharaja Hari Singh on October 26, 1947, and the accession was accepted by the Governor General of India on October 27,1947. Thus Kashmir became legally and constitutionally part of the Indian Union. Pakistan described the Maharaja’s accession to India as based upon “fraud, deceit and violence,” and maintained that it was totally against the wishes of its long oppressed Muslim subjects.

The Government of India sent troops to drive out the invaders and lodged a complaint against Pakistan’s aggression in the Security Council on January 1, 1848. The Security Council ordered the cease fire of the hostility and suggested to hold a plebiscite after the withdrawal of the Indian forces and the invaders and the substitution of the lawful government of Kashmir by a neutral administration.

The active support which the Anglo-American pow­ers gave to Pakistan in Security Council baffled India. India initially agreeing to the proposal for holding a plebiscite finally rejected it due to the refusal of Pakistan to withdraw its troops, regular or irregular, from Kashmir. Since then the issue is lirking in the U. N. Security Council and the Cease Fire line divides Kashmir between Indian and Paki­stani occupied areas. Kashmir under Indian posses­sion has been completely integrated with India. All the important features of the Constitution of India are equally applicable in respect to Kashmir.

Pakistan also invaded Kashmir in 1965 and 1971 but was badly mauled by the Indian forces. Its troops stealthily occupied certain positions in the Kargil sector in 2000 for which India had to use strong force. Unable to beat in regular was its forces are launching proxy war in Kashmir and sending foreign mercenaries and terrorists to disturb law and order in Kashmir and incite communal tension.

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Even after more than five decades of Kashmir’s accession to India, there is no sign for resolving the Kashmir problem. Pakistan’s help to terrorist organi­sations and infiltrate foreign mercenaries have further complicated the situation. Under the circumstances, the attitude of the Security Council members to hold plebiscite has been changed. The monopoly of support which Pakistan enjoyed in the beginning has now been lost. Due to its link with Islamic terrorist organisations tamed by Osama Bin Laden and ISI Pakistan has become the hot-bed of international terrorism and is posing serious challenge to world peace.

The main bottleneck in the solution to the Kashmir problem has been the treatment of the state as one homogeneous unit. Legal, moral and eco­nomic grounds have been advanced by both parties to keep the state as a single unit. In reality, the ceasefire line (adjusted under Shimla Agreement as Line of Actual Control) has already crystalized into an international boundary and part of Ladakh has been occupied by China. Under the present circum­stances it is difficult to compel Pakistan and China to vacate these areas. Under these circumstances it is necessary for the contesting parties to realise the ground realities and resolve the crisis amicably.

(3) Siachen Glacier Dispute

Siachen glacier (length 72 km and width 2-8 km) lies in Ladakh region of Jammu and Kashmir state near the Karakoram range. The place lies at a height of 5,800 m from sea level with average temperature of 50°C. The Glacier is pierced through the Saltoro range north-west of which lies K2 in Pakistan-occupied Kashmir. The Karakoram high­way between Pakistan and China is very close to the glacier. Hence, the Siachen glacier has high strategic value.

India occupies about two-third area of the glacier in its south-eastern part. Here Nubra river emerges from Karakoram glacier and meets the Shyok river which is a tributary of the Indus river. Indian troops use the Nubra valley route to reach the glacier. The glacier has four passes. Of these Gesar Broom, Saltoro and Vilafondala are under the pos­session of India and Gyongla under Pakistan.

Siachen glacier region attracted the attention of India when Pakistan permitted some Japanese tourists for skiing in this area and scaling some peaks under Indian possession. India lodged a strong pro­test. Pakistani troops established an observation post on the Saltoro range. To counter this move India launched Operation Meghdoot on April 13, 1984. Since then both countries are maintaining troops in this inhospitable environment in the position of high alert and a number of skirmishes have taken place. India alone spends Rs. 20 million per day to maintain its forces in the Siachen glacier area.