The problem has been with us since independence even though Pakistan has no legal case. The ruler of this erstwhile princely state decided to accede to India. According to the Independence Act it was for the rulers of the princely states to decide to join India or Pakistan.

Pakistan has been disputing the legality of the accession signed by the then J&K ruler, Maharaja Hari Singh. The initial hesitation of the Maharaja to accede to either India or Pakistan and the unilateral Indian offer to find out the wishes of the people of the state has given Pakistan an excuse to challenge the legality of the accession.

India claims the entire state of Jammu and Kashmir and as of 2010, administers approximately 43% of the region, including most of Jammu, the Kashmir Valley, Ladakh, and the Siachen Glacier. India's claims are contested by Pakistan, which controls approximately 37% of Kashmir, namely Azad Kashmir and the northern areas of Gilgit and Baltistan.

India has officially stated that it believes that Kashmir is an integral part of India, though the Prime Minister of India, Manmohan Singh, stated after the 2010 Kashmir Unrest that his government is willing to grant autonomy within the purview of Indian constitution to Kashmir if there is consensus on this issue. 

Pakistan says that Kashmir is a disputed territory whose final status must be determined by the people of Kashmir.

China states that Aksai Chin is a part of China and does not recognize the addition of Aksai Chin to the Kashmir region. Certain Kashmiri independence groups believe that Kashmir should be independent of both India and Pakistan.

India and Pakistan have fought at least three wars over Kashmir, including the Indo-Pakistani Wars of 1947, 1965 and 1999. India and Pakistan have also been involved in several skirmishes over the Siachen Glacier.

Pakistan has been doing everything for the last 56 years to grab this state. It has not been able to achieve its objective through wars with India. So, it has started a proxy war since 1989. Waging of a proxy war fits into the Pakistani designs of bleeding India.

Unfortunately, the weaknesses of the state and of the administrative systems have provided Pakistan with opportunities to fish in troubled waters. More interested in perpetuating their rule than governing the state, its rulers have been exploiting regional and religious differences.

Anti-national forces thrived in this environment and Pakistan has missed no opportunity to support and encourage them. Over the years it has succeeded in building a pro- Pakistan base in the state. Frustrated in their efforts to gain power through democratic means, some politicians joined the anti-India front, more to put pressure on the Indian government than on ideological grounds. One of Pakistan’s main aims is to divide the polity on communal lines.

The attitude of the Pakistani military government is unlikely to change in the near future. But that does not mean that Pakistan should be allowed to set the Kashmir agenda. Moves will have to be made on all fronts to regain the initiative on both political and diplomatic fronts. There are likely to be many ups and downs on this long torturous road to peace in Jammu and Kashmir.

Article 370 

Article 370 of the Indian constitution grants special autonomous status to Jammu and Kashmir.

In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir made the Constitution (Application to Jammu and Kashmir) Order, 1954 which came into force on 14/5/1954.

Implications ofArticle 370

This article specifies that except for Defence, Foreign Affairs, Finance and Communications, (matters specified in the instrument of accession) the Indian Parliament needs the State Government's concurrence for applying all other laws.

Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.

Similar protections for unique status exist in tribal areas of India including those in Himachal Pradesh, Arunachal Pradesh,  Andaman & Nicobar Islands and Nagaland however it is only for the state of Jammu and Kashmir that the accession of the state to India is still a matter of dispute between India and Pakistan still on the agenda of the UN Security Council and where the Government of India vide1974 Indira-Sheikh accord committed itself to keeping the relationship between the Union and Jammu and Kashmir State within the ambit of this article .

The 1974 Indira-Sheikh accord mentions that “The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India ".

Indian citizens from other states and women from Jammu & Kashmir who marry men from other states cannot purchase land or property in Jammu & Kashmir.

Some argue that the President may, by public notification under article 370(3), declare that Article 370 shall cease to be operative and no recommendation of the Constituent Assembly is needed as it does not exist any longer.

Others say it can be amended by an amendment Act under Article 368 of the Constitution and the amendment extended under Article 370(1). Art. 147 of the Constitution of Jammu and Kashmir states no Bill or amendment seeking to make any change in the provisions of the constitution of India as applicable in relation to the State; shall be introduced or moved in either house of the Legislature.

As per Art. 5 of the Constitution of Jammu and Kashmir the executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India as applicable in relation to this state.

The State of Jammu & Kashmir (J&K) has been affected by terrorist and secessionist violence, sponsored and supported from across the border, for more than two decades. Since the advent of militancy in Jammu & Kashmir (in1990), 13,921 Civilians and 4,961 Security Force (SF) personnel have lost their lives till 2015. There has been a decrease in terrorist violence as well as casualties of security forces and civiliansin comparison to last year. During the year 2015, the law and order situation in the State of Jammu & Kashmir remained normal.

The ongoing militancy in the State of Jammu & Kashmir is intrinsically linked with infiltration of terrorists from across the border, both from the “International Border” as well as the “Line of Control”. During 2015 (upto November), infiltration attempts have decreased significantly in comparison to the corresponding period in 2014 and successful infiltrations have also come down considerably.

The security situation in Jammu & Kashmir is monitored and reviewed by the Chief Minister of Jammu & Kashmir in the Unified Headquarters/Command with senior representatives of the State Government, Army, Central Armed Police Forces (CAPFs) and other security agencies. The Ministry of Home Affairsalso monitors the security situation closely with the State Government and the Ministry of Defence.

The Union Government in tandem with the State Government, has adopted a multi-pronged approach to contain cross border infiltration, which inter-alia, includes strengthening of the border infrastructure, multi-tiered and multi modal deployment along the International Border/Line of Control and near the ever changing infiltration routes, construction of border fencing, improved technological surveillance, weapons and equipments for Security Forces, improved intelligence and operational coordination, synergized intelligence flow and pro-active action against terrorists within the State. The Government has adoptedvarious counter terrorism strategies to neutralize the efforts and capabilities of militants to disturb the peace in the State. It has also encouraged policies to mainstream the youth and discourage the local youth from joining militancy.

The endeavour of the Government has been to:-

(i)    Proactively take suitable measures by all the SFs to safeguard the borders from cross border terrorism and to contain militancy;

(ii)   To ensure that the democratic process is sustained and the primacy of civil administration restored to effectively tackle the socio-economic problems facing the people on account of the effects of prolongedmilitancy in the State; and

(iii) To ensure a sustained peace process and to provide adequate opportunities to all sections of people in the State who eschew violence to effectively represent their view points and to redress their genuine grievances.

To support the State Government in its initiatives, the Central Government has been making available Central Armed Police Forces as and when necessary, and has been helping to strengthen the State Police. The Ministry of Home Affairs reimburses the expenditure incurred by the State Government on a variety of security related measures.

Special Industry Initiative (SII J&K) ‘UDAAN’: Based on the recommendations of the Expert Group constituted under the chairmanship of Dr. C. Rangarajan, the Government of India launched the Scheme Special Industry Initiative for Jammu & Kashmir “Udaan” in the nature of a partnership between the corporates of India and the Ministry of Home Affairs. The Scheme is being implemented by the National Skill Development Corporation (NSDC). The Programme aims at providing skills and enhancing employability of unemployed youths of J&K who are graduates, post graduates or three year engineering diploma holders.

67 leading corporates have partnered with NSDC under UDAAN with a commitment to train more than 80,000 youths from the State covering Organized Retail, Banking, Financial Services, IT, Information Technology Enabled Services (ITES), Sports, Infrastructure, Telecommunications, Hospitality, Manufacturing, Paramedics and Life Sciences sectors.