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Pakistan Claims

Maharaja was not a popular leader, and was regarded as a tyrant by most Kashmiris and he used brute force to suppress the population. Pakistan accuses India of hypocrisy, as it refused to recognize the accession of Junagadh to Pakistan and Hyderabad’s independence, on the grounds that those two states had Hindu majorities (in fact, India had occupied and forcibly integrated those two territories). Since he had fled Kashmir due to Pakistani invasion, Pakistan asserts that the Maharaja held no authority in determining Kashmir’s future. Pakistan argues that even if the Maharaja had any authority in determining the plight of Kashmir, he signed the Instrument of Accession under duress, thus invalidating the legitimacy of his actions. Pakistan claims that Indian forces were in Kashmir before the Instrument of Accession was signed with India, and that therefore Indian troops were in Kashmir in violation of the Standstill Agreement, which was designed to maintain the status quo in Kashmir (although India was not signatory to the Agreement, which was signed between Pakistan and the Hindu ruler of Jammu and Kashmir).

According to the two-nation theory, which is one of the theories that is cited for the partition that created India and Pakistan, Kashmir should have been with Pakistan, because it has a Muslim majority. India has shown disregard to the resolutions of the UN Security Council and the United Nations Commission in India and Pakistan by failing to hold a plebiscite to determine the future allegiance of the state.

Pakistan also claims that the Kashmiri people have now been forced by circumstances to uphold their right of self-determination through militancy. Pakistan claims to give the Kashmiri insurgents moral, ethical and military support. Pakistan points to the violence that accompanies elections in Indian Kashmir and the anti Indian sentiments expressed by some people in the state.

Pakistan has noted the widespread use of extrajudicial killings in Indian-administered Kashmir carried out by Indian security forces while claiming they were caught up in encounters with militants. These encounters are commonplace in Indian-administered Kashmir. The encounters go largely un-investigated by the authorities, and the perpetrators are spared criminal prosecution. Pakistan points towards reports from the United Nations which condemn India for its human rights violations against Kashmiri people.


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