The Impact of Border Disputes and Cross-Line of Control Infiltration on the Kashmir Conflict
The Impact of Border Disputes and Cross-Line of Control Infiltration on the Kashmir Conflict
SUBMITTED BY: Eman Arshad
Abstract
The Kashmir conflict has been a long-standing dispute between neighboring nuclear states. This issue has various dimensions attached to it. This research aims to gain insight into the Kashmir region and its conflict by focusing on the impacts and consequences of cross-border infiltration and disputes. Sino-Indian and Indo-Pak border disputes impact not only the geography but also the demography of the region of Kashmir.
Where the fault lines along LoC attract terrorists and smugglers, they
also present opportunities for illegal immigrants. Residents of Kashmir have
been seeking ways to cope with the challenging situation in the region, amid
concerns about human rights and misconduct by the Indian army. This research
provides insight into the faulted nature of LoC and its consequences, along
with the border disputes that have made Kashmir a triangular contested
region. The secondary data gathered
through qualitative analysis is presented through the prism of post-positivism.
This study signifies the role played by the Indian military in the border and
its related issues, and how it further complicates the Kashmir issue.
Keywords:
Kashmir
conflict, border dispute, infiltration, immigration.
1.
Introduction:
The
valley of Kashmir has seen a prolonged time of war and severe consequences. Due
to this frozen conflict, many issues have arisen, further worsening the
situation. Amidst these growing concerns, border disputes and cross-LoC
infiltration are another problem. Border disputes refer to the disagreement
between the two countries regarding the border, where neither of the states
acknowledges the border. On the other hand, cross-LOC infiltration refers to
the act of crossing the Line of Control illegally, or without detection. It is
normally done for smuggling or doing covert activities. For the people of
Kashmir, LoC provides a gate, for many in Azad Kashmir, on the other side of
the gate lies unbearable pain and suffering, as for those in Jammu Kashmir, the
other side is their fulfilling dream of freedom.
In the case of the Kashmir dispute, Pakistan and India had gone on numerous wars to gain control over the territory of Kashmir. The war of 1947, followed by the Poonch rebels, resulted in the liberation of nearly 30% of the state of Kashmir Operation Gibraltar done by Pakistan in 1965 failed to resolve the Kashmir conflict and the dispute remained unmoved. The Sino-Indian border dispute of 1962 and the Indo-Pak border disputes only further complicated the issue. After the war of 1971, LoC was established in 1972 as a de facto border between Azad and Jammu Kashmir. On the other hand, the porous and disputed nature of LOC has been a significant factor in regulating the conflict. In contrast, citizens of Jammu Kashmir look up to it as an opportunity to break the chains of slavery. Amidst many concerns, Cross-LoC infiltration serves as another problem that further escalates the Kashmir dispute.
This has resulted
in militarization, cross-border firing, military skirmishes, and illegal
immigration. It perpetuates a cycle of retaliation and violence, which results
in casualties. Furthermore, the infiltration and retaliatory measures directly
impact the lives of the Kashmiri people. Another aspect related to infiltration
and immigration is the concern behind the illegal movement of people from Jammu
and Kashmir to Azad Kashmir, which has many dimensions and narratives attached
to it. People are compelled to migrate to get to their families that were lost
during wars and conflicts, to escape the trap of brutal Indian forces, to save
their lives either due to fake encounters, curfews, or to avail opportunities
for the future due to continuous network blackout and educational lockdown. In
addition to that, the Indian government is reluctant to provide visas to
Kashmiri citizens, leaving them with no legal way to get to Pakistan.
This research would provide an in-depth analysis of how border disputes and cross-LoC infiltration serve as hurdles in resolving the Kashmir conflict, and what are the consequences of these disputes in the form of military tensions, and violations of human rights. It will also focus on the reason behind increasing illegal migration across the Line of Control, and how all of this connects to the decades-long Kashmir conflict.
2.
Sino- Indian and
Indo-Pak border conflicts and the region of Kashmir
2.1
Sino- Indian disputes
Similar
to the Indo-Pak border conflicts, China's relationship with India regarding
borders has not been any better. China and India still do not have a fully
recognized or demarcated border in the Kashmir region. This disputed territory
has led to many conflicts between the two states, from Aksai Chin in 1950 to
Ladakh in the 2020s. Since its independence, and because of the unjust partition,
India has been trying to claim as much territory as possible. In the 1950s,
China occupied Aksai Chin which India claimed as part of Jammu and Kashmir.
This occupation created a series of events that led to the Sino- Indian war of
the 1960s.
In the past, several attempts were made to resolve the border disputes. The Simla Agreement of 1914 defined the border between Tibet and British India but eventually was nullified by China because Tibet was not a sovereign entity at that time and therefore was not eligible to sign a treaty. As a result, China also rejected the McMahon line, which was provided as a solution to the boundary issue between Tibet and British India. The disagreements over the Mc Mohan line and the Aksai Chin region, which is a high altitude proclaimed by both regions, led to the border dispute between India and China. In the late 1950s and early 1960s, tensions escalated as China initiated the construction of roads and military infrastructure in the disputed region. China’s construction of the Aksai Chin Road was perceived by India as a threat, on the other hand, India’s forward policy of establishing military posts in the disputed regions was viewed as a provocation by China.
These tensions and
skirmishes were followed by the Sino-Indian War of 1962. In the events of the war, Chinese forces
launched a surprise attack first on Indian posts in North East Frontier Agency,
now known as Arunachal Pradesh, and then on the territory of Ladakh. China then
declared a ceasefire and withdrew its forces from the disputed areas. As a
result, China occupied the regions of Aksai Chin and Arunachal Pradesh, which
are still under its control to this day.
This ephemeral war led to Sino- Indian agreement of 1993, which resulted
in the establishment of the Line of Actual Control. Since then, LAC has served
as the only boundary between the two states, which is also disputed in nature.
In 2020, there were few incidents and diplomatic tensions between the two
states. The most significant of them was the border standoff at Ladakh which
primarily began in the Galwan Valley due to disagreement over the LAC.
Impact
on the region of Kashmir
These
conflicts have impacted Kashmir by worsening the situation within the territory
of Kashmir. The strategic importance of these regions led to military buildup
by both India and China. This increased militarization resulted in India and
China deploying their forces in the region of Kashmir, significantly
impacting Kashmir. This tense atmosphere
undermined the tourism and trade industry of Kashmir, impacting the overall
economic development of the region. In addition to that, many people were
displaced in the region because of the hostile environment and escalated
tensions.
2.2
Indo- Pak disputes
Since
independence in 1947, India and Pakistan have been quite skeptical of each
other. Both countries have gone through various skirmishes and three major
wars. The Kashmir conflict serves as the bone of contention between the two
states. Indo-Pak wars of 1947, 1965, 1971, and 1999 have significantly impacted
the region of Kashmir. The conflict of 1947 liberated a few areas of Kashmir,
which are now in control of Pakistan. Whereas the rest of Kashmir remained
under Indian control. In the aftermath of the 1971 war, the Line of Control was
established as a ceasefire line, which divides the region of Kashmir into two
parts in 1965, Pakistan conducted an operation codenamed Operation Gibraltar to
liberate the rest of Kashmir. This operation turned out to be the immediate
cause of the Indo-Pak War of 1965. As a result, India deployed more troops in
the region of Kashmir, and once again, the region of Kashmir became a
battlefield. Even after the ceasefire,
India did not completely remove its troops, leaving a remnant of the war for
the Kashmiri people.
LOC
serves as a disputed demarcation of territory. It has been a hotbed of conflict
for decades, characterized by frequent ceasefire violations and military
skirmishes. On the other hand, the Siachen Glacier located in the eastern
Karakorum Range serves as the highest battlefield and another disputed region.
In 1984, India launched Operation Meghdood, a strike to occupy the Siachen
glacier. Though not directly, the Siachen conflicts have impacted Kashmir by
diverting substantial resources from other areas and providing a new layer of
complexity to the already tense India-Pakistan relationship. Such increasing
complexities provide more hurdles in diplomatic relations between India and
Pakistan.
In
addition to that, the water conflict on the Indus River also adds fuel to the
fire. Since the Indus River enters Pakistan through the valley of Kashmir, the
Indo-Pak conflicts over water resources, or violation of the Indus Water Treaty
of 1960, directly impacts the resources of Kashmir. India’s construction of
several dams and barrages on rivers that are part of the Indus basin adversely
affects the flow of water to Pakistan, and specifically to Kashmir,
environmentally, ecologically, and diplomatically. The construction of the
Baglihar dam and Dulhasti hydroelectric power station on the Chenab River
raised concerns for Pakistan and has been a subject of dispute. Furthermore,
the Kishengaga Hydroelectric power Station built on a tributary of the Jhelum,
has been a major point of contention, as it violates the Indus Water Treaty.
As
the border conflict between India and Pakistan already delayed the resolution
of the Kashmir conflict, the Sino- Indian disputes add another dimension to the
complex Kashmir region. Indo-China conflicts, in addition to Indo-Pak disputes,
further escalate the tensions in the region of Kashmir. Kashmir has become a
triangular geopolitical dispute, with China, India, and Pakistan at its verges.
3.
Complications of Cross- LoC infiltration
After
the war of 1971, LOC was established, serving as a disputed boundary between
the two states. Since then, military skirmishes, cross-border firing,
unauthorized immigration, and artillery exchange have become more common. These
disputes and infiltration strike another lash on the Kashmir conflict.
Cross-LoC
infiltration has emerged as a serious problem that plays an integral role in
further exacerbating the already deteriorating condition of the Kashmir region.
Cross-LoC infiltration assists terrorism, espionage, smuggling, and illegal
immigration. This part of the research will focus on how India misuses the
porous nature of LoC in its favor.
3.1
Terrorism
Terrorism
has always been a serious issue for both India and Pakistan. Due to strict
surveillance on Indo-Pak borders, the only route of entering Pakistan via India
or vice versa is the LoC. Despite being
heavily guarded, few fault lines serve as a passageway. Furthermore, the rugged
and mountainous terrain along the line of control provides cover and hideouts
for infiltrators. Some infiltrators also exploit natural resources to avoid
detection by security forces. As a result, terrorists and insurgents can easily
cross through LoC at night time. This influx of insurgents and terrorists in
Pakistan and Azad Kashmir serves as a serious threat to Pakistan’s national
security. Indian-sponsored terrorism can have serious implications such as
increased violence in the region, military escalation, and civilian casualties,
as the local communities and civilians often find themselves caught up in the
skirmishes between security forces and the opposing group. Such a situation
further exacerbates the humanitarian crisis in the region.
3.2
Espionage and Smuggling
Other
complications include espionage and smuggling. Espionage refers to the process
of gathering intelligence through covert means, often by the state actors, or
their proxies. Formerly, the feeble nature of LoC was used as a tool to
exchange military and confidential information between RAW and its informants.
Information gathered through the local informants is valuable, providing
insight into the enemy’s activities. The
use of technology in the current era has made intelligence gathering more
accessible.
Similarly,
smuggling serves as another important aspect related to infiltration. Many
infiltrations are done for smuggling. Business tycoons use these infiltrators
as facilitators to smuggle through the cross-LoC route established via
Confidence Building Measure (CBM) between India and Pakistan. This route has
become vital for the exchange of artillery, arms, and ammunition. These
illegally gathered arms are then used to instill terror and fear among the
people of Kashmir, and to provide logical support to the insurgents.
According
to research by the Kashmir media service,
India is feeding Tehreek- e -Taliban Pakistan (TTP) as a proxy against
Kashmiris and Pakistanis. The supply of arms and exchange of information to
insurgents or members of TTP is provided through infiltration. Local informants
are used in this manner. Given these complexities surrounding the LoC, the
people of Jammu and Kashmir are compelled to flee to the neighboring region
across the border. And the only viable way to achieve that purpose is illegal
immigration.
4.
Illegal Immigration:
The
phenomenon of cross-loc infiltration is complex and is influenced by various
factors such as socio-political concerns, economic conditions, insecurity, and
military tensions. Illegal immigration is the migration of people from one area
to another by evading detection and legal authorities. In areas like Kashmir,
where there is extreme instability and violence, illegal immigration serves as
the quickest way to get out of the volatile environment. Due to increasing
conditions of violence in areas surrounding the LoC and Indian side of Kashmir,
the people of Jammu and Kashmir are forced to leave their homes to find a
better life on the other side of the border. This movement adversely
facilitates cross-LoC infiltration as individuals may consent to become a part
of smuggling or trafficking to get out of the region. This is because the
networks that facilitate illegal immigration can often overlap with the
networks that are involved in smuggling either arms or personnel across the
borders.
The
main reason why citizens are forced to opt for illegal immigration rather than
legal way is the Indian administration’s reluctance to provide travel documents
to the citizens of IIOJK. India imposes strict controls and often denies
providing visas, passports, and other travel documents to people of IIOJK who
want to migrate to Pakistan. Even though India claims that it is because of
security concerns, it is clear that India is infringing upon the basic human
rights of its citizens. Article 13 of the Universal Declaration of Human Rights
points out that “Everyone has the right to freedom of movement and residence
within the borders of each state”, and “Everyone has the right to leave any
country, including his own, and to return to his country.” Similarly, Article
12 of ICCPR, Article 8 of ICMW, and Article 2, protocol 4 of European
Conventions on Human Rights outline the right of liberty freedom of movement,
and the freedom to choose the residence. Therefore, India’s claim to deny
documents for security reasons is a clear violation of written law.
Post-2019 condition
After
the revocation of Article 370 and 35A in August 2019, there has been a
significant increase in the number of people attempting to cross LoC illegally.
Since the Indian government denies providing visas and passports, and delays if
the documents are accepted, the residents are forced to look towards illegal
ways. Post abrogation situation has escalated the condition of violence and
defiance of Human rights in IIOJK. The change in the political and legal status
of Jammu and Kashmir has led to heightened tensions and uncertainties, which
has driven more people to seek refuge in AJK and migrate out of IIOJK as soon
as possible.
Another
reason behind these immigrations is the demographic aspect of the abrogation of
Article 370. On October 26, 2020, the fifth order of Union Territory of Jammu
and Kashmir Reorganization was passed. It permitted non-locals to purchase land
in Jammu and Kashmir. This law is a clear injustice to the original residents
of Jammu and Kashmir as it reshapes the demographic and linguistic landscape of
Jammu and Kashmir, by depriving the residents of their land.
With the AJK government's plan to settle post-1990 Kashmiri refugees permanently, the people of IIOJK feel more encouraged to flee from the trap of the Indian government and get residence in AJK. Pakistan is perceived as the safe haven for people of the Indian side of Kashmir, who are all fed up with becoming victims of the Indian army’s atrocities. To put an end to this illegal immigration, the OIC has urged to establish a corridor to provide a legal route of migration for people of Jammu and Kashmir who want to migrate to and settle in AJK. However, there has not been much work on that.
5.
Impact on Kashmir conflict
The
Kashmir conflict has been characterized by a series of military confrontations,
political tensions, and territorial disputes since the partition of British
India in 1947. Border-related disputes play an integral role in further
accelerating the situation. The Kashmir conflict remains a major bone of
contention between Pakistan and India, and as long as this issue remains
unresolved, it will continue to strain their bilateral relations. As a result,
the diplomatic relations of both countries keep getting tangled. The border
claims military confrontation and the disputed nature of LoC further complicate
the concerns over the Kashmir conflict.
Border
disputes result in the deployment of military troops in the affected area. This
deployment of troops not only instills fear among the residents but also
results in insurgency. This is because each time the conflict was over and the
troops were asked to be withdrawn, the Indian military would let one-fourth of
its army still be stationed in the region. The citizens feel threatened by the
presence of the Army and begin insurgency to defend themselves. According to a
report by the Indian Express, the Army maintains a strength of about 1.3 Lakh
personnel in Jammu and Kashmir. Around 80,000 of them are deployed on the
border.
These
troops are active in military skirmishes and cross-LoC firing. Throughout the
history of the Kashmir issue, there have been many instances where Pakistani
forces and Indian forces were face to face around LoC. The disputed nature of LoC
makes it an informal battlefield for the militaries of both countries. These
skirmishes escalate the tensions between Pakistan and India. Each incident
provokes retaliatory measures, which results in more violence. More often, the
Indian military stationed around the LoC would open fire on the residents of
Azad Kashmir. As a result, Pakistan would counter these attacks, which results
in casualties on the other side. These exchanges of small fires prompt
nationalistic sentiments and calls for military responses. The military
encounters obstruct the bilateral relations of both countries and eventually
hinder the peace process.
The
frequent skirmishes characterized by cross-LoC firing adversely affect people
living near the disputed border. Frequent shelling and cross-border firing
seriously affect the lives of people. It not only results in casualties but
also forces many communities to be displaced from the region. These conflicts
impact civilians by leading to loss of lives, severe injuries, and psychological
trauma. This situation complicates any
peace efforts due to accumulated hatred, fear, and grievances among the
residents of villages near the LoC.
The
clashes at LoC reflect the environment of doubt between India and Pakistan.
Past endeavors to resolve this issue were often met by occurrences around the
border, causing a crack in the resolution practices. The long military
showdowns resulted in enraged hostility. To add fuel to the fire, India passed
the Kashmir Reorganization Act by revocation of Articles 370 and 35A on August
5, 2019. This step served as a crucial turning point in the Kashmir conflict as
India deprived the people of Jammu and Kashmir of their special status while
trying to legitimize its brutal control of the area. The episode of August 2019
sparked more hostility in Srinagar and served as a huge hurdle in solving this
decade-long issue.
6.
Theoretical framework
6.1
Realism
Realism is a broad theory of International Relations that focuses on power politics, national interest, and the role of the state as a unitary actor. The Kashmir issue can be comprehensively viewed through the lens of realism and security dilemmas. Realism focuses on the power struggle between India and Pakistan over the region of Kashmir. India excessively uses its hard power to gain illegitimate control over the region of Kashmir, and Pakistan uses hard power in the form of defense as well as soft power by raising concerns at the international level. India is more realistic when it comes to the resolution of the Kashmir issue, whereas Pakistan is more inclined towards liberalism and bilateral dialogue. Overall, due to its complex nature and inclusiveness of power, the Kashmir issue is characterized by realism.
According
to Kenneth N. Waltz, security issues arise when a state believes that another
state holds a greater overall power balance, especially if that state is a
possible enemy. In the given context, the Kashmir conflict is marked by a
security dilemma since both Pakistan and India have always been skeptical of
each other. India uses immoral rules and methods to assert its control in
Indian-Occupied Kashmir, creating a complex environment of power imbalance in
the region. Similarly, the illegal immigration of residents from
Indian-occupied Kashmir to Azad Jammu and Kashmir relies on the realist concept
of survival and self-help. The desire for survival from the brutality of the
Indian army drives Kashmiri citizens from Srinagar to infiltrate the LoC.
6.2
Post-Colonialism
Post-colonialism is a theoretical framework that examines the impact of colonialism on societies, politics, and culture. Post-colonialism provides a critical approach to understanding Kashmir-related issues through the lens of culture and history. The roots of the Kashmir conflict can be traced back to the partition of 1947. The Radcliffe award was part of the British colonial legacy. This legacy left many unresolved territorial disputes. The role of British colonialism in finalizing the unjust territorial partition of India and Pakistan has made the region of Kashmir a thorny issue.
Post-colonial analysis reflects on how the decisions of colonial powers have lingering effects on contemporary conflicts. In comparison to that, the border disputes of the Kashmir conflict serve as a stark reminder of the unjust policies and decisions of British colonizers which have assorted the Kashmir issue to a state of limbo. Post-colonial theory also focuses on the resistance against domination and the agency of oppressed people, which is evident in the Kashmir issue, where the people of Jammu and Kashmir fight against the rule of the Indian army, only to be met with more aggression and atrocities. Similarly, Post-colonialism explores issues of identity, self-determination, and cultural representation. The identities of Kashmiri people can be examined as they are stuck between Indian, Pakistani, and Kashmiri identities. The Indian administration has denied the people of Kashmir their right to self-determination by not allowing a plebiscite to be held. Individuals living in regions embroiled in border disputes frequently face an identity crisis, as they are unsure which side of the border their identity truly belongs to.
7.Findings:
Amidst the numerous hurdles in the way of resolution of the Kashmir conflict, border disputes and cross-LoC infiltration serve as major flashpoints. The Sino-Indian and Indo-Pak border conflicts on the territories of Kashmir make the Kashmir issue more complex. India’s involvement around the Line of actual control and line of control with China and Pakistan respectively shows India's unprofessionalism in resolving the conflict. In addition to that, the ongoing border disputes and incidents of cross-LoC infiltration have led to heavy militarization in the region. India has increased its military presence and infrastructure along the LoC, such action has prompted Pakistan to utilize its military for self-defense and counterattack.
This results in frequent
skirmishes and exchanges of fire. This escalation heightens the risk of larger
conflicts, contributing to an environment of perpetual tension, leading to
casualties, injuries, and displacement of Kashmiri people. There are major
barriers to peace negotiations and diplomatic attempts between India and
Pakistan because of the ongoing border conflicts and infiltration occurrences.
These instances are used by both sides to support their rigid positions, which
erodes confidence and makes real conversations challenging. Stability in the
region is hampered and the conflict is prolonged by the lack of progress on
these concerns.
Conclusion:
The
Kashmir Issue is multifaceted and a complex topic, that needs to be addressed
legally and professionally. This issue has been brought to light various times,
yet India always manages to get away with it. The main reason behind this is
the fact that India has a strong economy, as well as a strong reputation around
the globe. Furthermore, India is the potential hegemon in South Asia and a
Western ally to counter Chinese influence in the region. Keeping in view India’s
current status in the global community, there is a need to address proper
discourse on this topic and to bring the atrocities done by the Indian
government and military on innocent civilians of Kashmir. India keeps avoiding
bilateral relations and relies solely on military strength and illegal tactics.
If the situation in the occupied region was truly normal, as claimed by India,
there would have been no ongoing cases. The continued presence of such problems
and violations indicates a complex reality. Therefore, it is the need of the
hour that the global diaspora addresses this issue, keeping in view the brutal
human rights violations in Indian-Occupied Kashmir. Since both India and
Pakistan are nuclear states, bilateral relations are the only solution way
forward, so that the people of Jammu and Kashmir might be able to live their
lives peacefully again. The best way for a region to prosper is to be mentally
and physically free from any occupation. If this issue persists, the people of
Kashmir will have an eternity of suffering- and a long way to freedom.
Bibliography:
Conflict
Law Centre. "Another Year After the Abrogation of Article 370." Research
Society of International Relations (RSIR), August 5, 2021.
Hafeez,
Mahwish. "The Line of Control (LoC) Trade." Strategic Studies
34, no. 1 (2014): 74-93.
Joshi,
Manoj. "No-Patrol Zones Can Ease LAC Tensions." Observer Research
Foundation, June 6, 2023. Accessed on ORF.
"AJK
Govt Plans to Settle Post-1990 Kashmiri Refugees on Permanent Basis: AJK
PM." Associated Press of Pakistan. Under "Domestic."
Accessed on APP.
"India
Feeding TTP as Proxy Against Kashmiris, Pakistanis and Sikhs." Kashmir
Media Service, July 1, 2024.
Naqash,
Tariq. "OIC Urged to Establish Humanitarian Corridor for Besieged
Kashmiris." Dawn.com, August 7, 2021. Published in Dawn,
August 7, 2021. Accessed on Dawn.
Nabi,
Safina. "India’s Grand Plan for Kashmir Dams." October 17, 2022.
Accessed on Pulitzer Center.
Waltz,
Kenneth N. Theory of International Politics. Reading, Mass.:
Addison-Wesley, 1979.
Zhang,
Hongzhou, and Mingjiang Li. "Sino-Indian Border Disputes." ISPI
Analysis, no. 181 (June 2013). Accessed on Academia.
"Universal Declaration of Human Rights - Article 13."
This Research Paper has been written by Eman Arshad
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