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UNIVERSITY
“INDIA-PAKISTAN RELATION”
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DECLARATION BY THE
CANDIDATE
I, hereby declare that the work reported in the B.A LLB. (Hons.)
Project titled “INDIA-PAKISTAN RELATION” submitted at
CHANAKYA NATIONAL LAW UNIVERSITY, Patna is an
authentic record of my work carried under the supervision of
Mr.VIJYANT SINHA. I have not submitted this work elsewhere
for any other degree or diploma. I am fully responsible for the
content of my project report.
ABHISHEK KUMAR
B.A.LLB (Hons)
1st YEAR
SEMESTER 1st
CNLU, PATNA
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ACKNOWLEDGMENT
THANK YOU
ABHISHEK KUMAR
SEMESTER 1st
CNLU, Patna
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Contents
1.Introduction………………………………
2. Initial Problems faced by Pakistan (1947 & 1948)
…………….….
3. Kashmir Dispute (1948 upto date)……
4. Indus Water Treaty…………………………………
5.1965 War……………………………………………
6. 1971 War and Simla Agreement ……………….………
7.Pakistan’s and india’s
Nuclear and Missiles Program…………………..
8. Kargil War…………………………………………
9.Present Situation……………………………………………
10. Survey on relationship between Pakistani and India
11.Recomendation and Conclusion…………………
12.Bibliography………………………
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INTRODUCTION
In the present century, South Asia happens to be one of the
insecure geographic regions of the world. South Asia is the abode
of more than one and a quarter billion people, which is nearly one
fifth of the world’s total population. Poverty, illiteracy and
corruption dominate the lives of people. These problems have
remained unresolved over the years. The major political barrier
that stands in the way of solutions is the mutual rivalry of the
states of this region1.
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Soon after Independence, India and Pakistan established
diplomatic relations. Subsequent years were marked by bitter
periodic conflict, and the nations went to war four times. The war
in 1971 ended in defeat and another partition of Pakistan. The
eastern wing split off as a new country named Bangladesh, while
the western wing continued as Pakistan.
Seeds of conflict
About half a million Muslims and Hindus were killed in
communal riots following the partition of the British Empire.
Millions of Muslims living in India and Hindus and Sikhs living in
Pakistan emigrated in one of the most colossal transfers of
population in the modern era. Both countries accused each other of
not providing adequate security to the minorities emigrating
through their territory. This served to increase tensions between
the newly-born countries.
According to the British plan for the partition of British India, all
the 680 princely states were allowed to decide which of the two
countries to join. With the exception of a few, most of the Muslim-
majority princely-states acceded to Pakistan while most of the
Hindu-majority princely states joined India. However, the
decisions of some of the princely-states would shape the Pakistan-
India relationship considerably, in the years to come.
Junagadh dispute:
Junagadh is one of the modern districts of Saurastra,
Gujarat .Junagadh was a state on the southwestern end of Gujarat,
with the principalities of Manavadar, Mangrol and Babriawad.
The Arabian Sea stood between it and Pakistan. The state had an
overwhelming Hindu population which constituted more than
80% of its citizens, while the ruler of the state was a Muslim. On
August 15 1947, the ruler of the state, Nawab of Junagadh
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Mahabat Khan acceded to Pakistan. Pakistan confirmed the
acceptance of the accession in September 1947. India did not accept
the accession as legitimate.
The Indian point of view was that since Junagadh was a state
with a predominantly Hindu population it should be a part of
India. Additionally, since the state was encircled by Indian
territory it should have been a part of India. Indian politicians also
stated that by giving Pakistan a predominantly Hindu region to
govern, the basis of the two nation theory was contradicted3.
The Pakistani point of view was that since Junagadh had a ruler
and governing body who chose to accede to Pakistan, they should
be allowed to do so. Junagadh, having a coastline, could have
maintained maritime links with Pakistan. Additionally, Pakistani
politicians stated that the two nation theory did not necessarily
mean a clear division of land and absolute transfer of populations
as the sheer magnitude of such a proceeding would wreak havoc
upon millions.
Neither of the ten states were able to resolve this issue amicably
and it only added fuel to an already charged environment.
Sardar Patel, India's then Home Minister, felt that if Junagadh was
permitted to go to Pakistan, it would create communal unrest
across Gujarat. The government of India gave Pakistan time to
void the accession and hold a plebiscite in Junagadh to preempt
any violence in Gujarat. Samaldas Gandhi formed a government-
in-exile, the Arzi Hukumat (in Urdu Arzi: Transitional, Hukumat:
Government) of the people of Junagadh. Patel ordered the
annexation of Junagadh's three principalities.
Kashmir dispute:
Kashmir was a princely state, ruled by a Sikh, Maharaja Hari
Singh. The Maharaja of Kashmir was equally hesitant to join either
India or Pakistan, because he knew his Muslim subjects would not
like to join a Hindu-based and Hindu-majority nation, or Pakistan
which as a Sikh he was personally averse to. Pakistan coveted the
Himalayan kingdom, while Indian leader Mahatma Gandhi and
Indian PM Jawaharlal Nehru hoped that the kingdom would join
India. Hari Singh signed a Stand still Agreement (preserving
3
Suhasini Haidar. "3 minutes that changed India-Pak ties". The Hindu.
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status quo) with Pakistan, but did not make his decision by
August 15, 1947.
Rumors spread in Pakistan that Hari Singh was trying to accede
Kashmir to India. Alarmed by this threat, a team of Pakistani
forces were dispatched into Kashmir, fearing an Indian invasion of
the region. Backed by Pakistani paramilitary forces, Pashtuns
invaded Kashmir in September 1947. Kashmir's security forces
were too weak and ill-equipped to fight against Pakistan. Troubled
by the deteriorating political pressure that was being applied to
Hari Singh and his governance, the Maharaja asked for India's
help. However, the Constitution of India barred the Indian Armed
Forces' intervention since Kashmir did not come under India's
jurisdiction. Desperate to get India's help and get Kashmir back in
his own control, the Maharaja acceded Kashmir to India (which
was against the will of the majority of Kashmiris), and signed the
Instrument of Accession4. By this time the raiders were close to
the capital, Srinagar. On October 27, 1947, the Indian Air Force
airlifted Indian troops into Srinagar and made an intervention. The
Indian troops managed to seize parts of Kashmir which included
Jammu, Srinagar and the Kashmir valley itself, but the strong and
intense fighting, flagged with the onset of winter, made much of
the state impassable. After weeks of intense fighting between
Pakistan and India, Pakistani leaders and the Indian Prime
Minister Nehru declared a ceasefire and sought U.N. arbitration
with the promise of a plebiscite. Sardar Patel had argued against
both, describing Kashmir as a bilateral dispute and its accession as
justified by international law. In 1957, north-western Kashmir was
fully integrated into Pakistan, becoming Azad Kashmir (Pakistan
administered Kashmir), while the other portion was acceded to
Indian control, and the state of Jammu and Kashmir (Indian
administered Kashmir) was created. In 1962, China occupied Aksai
Chin, the northeastern region bordering Ladakh. In 1984, India
launched Operation Meghdoot and captured more than 80% of the
Siachen Glacier.
Pakistan maintains Kashmiris' rights to self-determination through
a plebiscite in accordance with an earlier Indian statement and a
UN resolution. Pakistan also points to India's failure of not
understanding its own political logic and applying it to Kashmir,
by taking their opinion on the case of the accession of Junagadh as
4
Husain Haqqani Pakistan: Between Mosque and Military pg 174 Carnegie Endowment, 2010 ISBN
0870032852, 9780870032851
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an example (that the Hindu majority state should have gone to
India even though it had a Muslim ruler), that Kashmir should
also rightfully and legally have become a part of Pakistan since
majority of the people were Muslim, even though they had a
Hindu ruler. Pakistan also states that at the very least, the
promised plebiscite should be allowed to decide the fate of the
Kashmiri people5.
India on the other hand asserts that the Maharaja's decision, which
was the norm for every other princely state at the time of
independence, and subsequent elections, for over 40 years, on
Kashmir has made it an integral part of India. This opinion has
often become controversial, as Pakistan asserts that the decision of
the ruler of Junagadh also adhered to Pakistan. Due to all such
political differences, this dispute has also been the subject of wars
between the two countries in 1947 and 1965, and a limited conflict
in 1999. The state/province remains divided between the two
countries by the Line of Control (LoC), which demarcates the
ceasefire line agreed upon in the 1947 conflict.
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sake of peace, and played a critical role in garnering support from
West Bengal and across India, and enforcing the provisions of the
Pact. Khan and Nehru also signed a trade agreement, and
committed to resolving bilateral disputes through peaceful means.
Steadily, hundreds of thousands of Hindus returned to East
Pakistan, but the thaw in relations did not last long, primarily
owing to the Kashmir dispute.
Simla Agreement
Since the 1971 war, Pakistan and India have made only slow
progress towards the normalization of relations. In July 1972,
Indian Prime Minister Indira Gandhi and Pakistani President
Zulfikar Ali Bhutto met in the Indian hill station of Simla. They
signed the Simla Agreement, by which India would return all
Pakistani personnel (over 90,000) and captured territory in the
west, and the two countries would "settle their differences by
peaceful means through bilateral negotiations." Diplomatic and
trade relations were also re-established in 1976.
Afghanistan crisis
After the 1979 Soviet war in Afghanistan where Soviet Union
military Occupied Afghanistan, new strains appeared in Indo-
Pakistani relations. Pakistan actively supported the Afghan
resistance against the Soviet Union, which was a close ally of
India, which brought opposing political opinions.
6
Tran, Mark (1 August 2008). "Pakistan condemns New York Times claims". The Guardian. London.
Retrieved 22 April 2010.
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The Taliban regime in Afghanistan was strongly supported by
Pakistan - one of the few countries to do so - before the September
11 attacks. India, on the other hand, firmly opposed the Taliban
and criticized Pakistan for supporting it7.
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occasional pressure over the years to change its name the villagers
have resisted.
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2008 Mumbai attacks
The 2008 Mumbai attacks by ten terrorists killed over 173 and
wounded 308. India blamed the Lashkar-e-Taiba, a Pakistan-based
militant group, for planning and executing the attacks. Islamabad
resisted the claims and demanded evidence. India provided
evidence in the form of interrogations, weapons, candy wrappers,
Pakistani Brand Milk Packets, and telephone sets. Indian officials
demanded Pakistan extradite suspects for trial. They also said that,
given the sophistication of the attacks, the perpetrators "must have
had the support of some official agencies in Pakistan"9.
9
"India rejects Musharraf's claim on infiltration". The Economic Times. 28 July 2002. Retrieved 15
July 2011.
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In 2005, Pakistan's information minister, Sheikh Rashid, was
alleged to have run a terrorist training camp in 1990 in N.W.
Frontier, Pakistan. The Pakistani government dismissed the
charges against its minister as an attempt to hamper the ongoing
peace process between the two neighbours10.
Both India and Pakistan have launched several mutual confidence-
building measures (CBMs) to ease tensions between the two. These
include more high-level talks, easing visa restrictions, and
restarting of cricket matches between the two. The new bus service
between Srinagar and Muzaffarabad has also helped bring the two
sides closer. Pakistan and India have also decided to co-operate on
economic fronts.
A major clash between Indian Security Forces and militants
occurred when a group of insurgents tried to infiltrate into the
Indian-administered Kashmir from Pakistan in July 2005. The
same month also saw a Kashmiri militant attack on Ayodhya and
Srinagar. However, these developments had little impact on the
peace process.
Some improvements in the relations are seen with the re-opening
of a series of transportation networks near the India–Pakistan
border, with the most important being bus routes and railway
lines.
An Indian man held in Pakistani prisons since 1975 as an accused
spy walked across the border to freedom March 3, 2008, an
unconditional release that Pakistan said was done to improve
relations between the two countries.
In 2006, a "Friends Without Borders" scheme began with the help
of two British tourists. The idea was that Indian and Pakistani
children would make pen pals and write friendly letters to each
other. The idea was so successful in both countries that the
organization found it "impossible to keep up". The World's Largest
Love Letter was recently sent from India to Pakistan.
10
"Pakistan Times! " RAW Creating Trouble for NATO in Afghanistan". Pak-times.com. 25 September
2010. Archived from the original on 30 April 2012. Retrieved 13 April 2012.
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Currently a boundary - the Line of
Control (LOC)- divides the region in
two, with one part administered by
India and one by Pakistan. India
would like to formalize this status
quo and make it the accepted
The status quo international boundary.
Factors Opposing - Pakistan rejects
the plan partially as it will get lesser
control over the region and wants
greater. Kashmiri political parties too
would oppose the plan as it violates
the UN resolution for a referendum
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As an independent state, the region
would most likely be economically
viable with tourism probably being
the largest source of income,
Kashmir becomes an however being a landlocked country,
independent sovereign it would be heavily dependent on
republic India and Pakistan.
Factors Opposing - The outcome is
unlikely because it requires both India
and
Pakistan (and potentially China) to give
up territory.
Re-evaluation
The insurgents, who initially started their movement as a pro-
Kashmiri independence movement, have gone through a lot of
change in their ideology. Most of the insurgents portray their
struggle as a religious one.
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Indian analysts allege that by supporting these insurgents,
Pakistan is trying to wage a proxy war against India while
Pakistan claims that it regards most of these insurgent groups as
"freedom fighters" rather than terrorists Internationally known to
be the most deadly theatre of conflict, nearly 10 million people,
including Muslims, Hindus, and Buddhists, have been fighting a
daily battle for survival. Thecross-border firing between India and
Pakistan, and the terrorist attacks combined have taken its toll on
the Kashmiris, who have suffered poor living standards and an
erosion of human rights11.
Kargil crisis
Attempts to restart dialogue between the two nations were given a
major boost by the February 1999 meeting of both Prime Ministers
in Lahore and their signing of three agreements.
These efforts have since been stalled by the intrusion of Pakistani
forces into Indian territory near Kargil in Jammu and Kashmir in
May 1999. This resulted in intense fighting between Indian and
Pakistani forces, known as the Kargil conflict. Backed by the
Indian Air Force, the Indian Army successfully regained Kargil. A
subsequent military coup in Pakistan that overturned the
democratically elected Nawaz Sharif government in October of the
same year also proved a setback to relations.
In 2001, a summit was called in Agra; Pakistani President Pervez
Musharraf turned up to meet Indian Prime Minister Atal Behari
Vajpayee. The talks fell through. On June 20, 2004, with a new
government in place in India, both countries agreed to extend a
nuclear testing ban and to set up a hotline between their foreign
secretaries aimed at preventing misunderstandings that might lead
to a nuclear war. As of early 2005, both countries are committed to
a process of dialogue to solve all outstanding issues. Baglihar Dam
issue was a new issue raised by Pakistan in 2005.
11
"Pak willing to resolve bilateral disputes with India: Hina Rabbani Khar". 12 July 2012.
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Since in the above portion we have tried to understand and
discussed a lot about the political relation between Indo-Pak, now
let us see the Economic and Cultural front of the two.
Economic Relation :
Before 1947, in undivided India, there was a high degree of trade
interaction between the region s now in India and Pakistan.
Surpluses in foodgrains, jute, cotton, spices, dry fruits and
condiments were important exports from Pakistan. The Indian
side, on the other hand, exported raw materials such as iron and
coal and finished consumer products. B ut after Partition, the
economic compulsions and domestic political exigencies in
Pakistan resulted in diversion of Pakistani trade from India.
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on the positive list of the two countries. These items are traded via
third country such as United Arab Emirates, especially Dubai. The
informal trade is estimated at some two billion to three billion
dollars per annum. Moreover, there are a number of goods that are
traded illegally across the border which only serves the vested
interests of the illegal traders. Additionally, most products that
Pakistan can export to India are effectively blocked by high tariffs,
quotas, and even outright bans. Imports from India to Pakistan for
public sector use are restricted. However, the private sector is
allowed to import a select list of 322 products from India.
Basis on their trade relation India has already accorded the Most-
Favoured Nation status to Pakistan. The MFN status stipulates
that the contracting parties should accord the same tariff
restrictions and concessions to their respective exports and
imports as is being given to other t rading nations. But Pakistan
has not yet reciprocated. According to Pakistan unless and until
the Kashmir dispute is resolved, there cannot be a normalisation of
the economic relations. But, the real reasons are more economic
than political.
12
"Pakistan rejects India's list of 50 most wanted". Times of India. Archived from the original on 3
June 2011.
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Cultural relation
There is strong similarity in the India Pakistan culture, as they
were one single country prior to the partition in 1947. Hindi and
Urdu are the two languages used in both the countries. The
literary tradition of Urdu is extremely rich in Pakistan India has
their hands on common music, literature cuisine and a lot of
things.
13
The Indo-Pak Express rolls on, The Economic Time
14
"Militants attack Indian army base in Kashmir 'killing 17'". BBC News. 18 September 2016.
Retrieved 18 September 2016.
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Recommendations/Conclusion:
1. CONFLICT OF IDEOLOGY:
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Pakistan is one of those rare countries that gained independence
based on an ideology and not as a result of armed conflict or
fighting. This ideology is in direct conflict with the thinking
prevailing at that time in Indian sub continent and still persists in
India. Indian National Congress’s principle basically was and even
today is that there is one nation in India and that is Indian. This
ideology is commonly known as one nation theory. On the other
hand muslins of sub continent believed that there are not one but
two nations living in Indian subcontinent. This ideology is called
two nations theory and was the basis for the struggle of Pakistan.
Even today these ideologies are the main thinking of the people of
two nations. So by looking at the two nations ideologies we will
see that their basic ideologies for attaining independence and
struggle for freedom from British is opposite of each other. This is
like two poles of a magnet that although are close to each other are
in opposite direction and have no attraction for each other in fact
opposite is the case. Unfortunately there is no solution to this
problem and both countries shall have to accept each other and
learn to live together. Friends can be changed however one cannot
change neighbors and has to learn to live with them in the best
possible way.
2. KASHMIR:
This issue is the one that has attracted the most attention and has
become the centerpiece of relations. I shall not go into details as to
how this problem was created and shall limit myself to the extent
that Kashmir is a dispute between two countries and needs to be
resolved. After the fighting of 1947 between newly independent
states of Pakistan and India the matter finally reached UN. UN
arranged a ceasefire and hence Line of control (LOC) came into
being. After almost 62 years we are at the same place where we
were when the matter went to UN. UN did made halfhearted
attempts but failed. Then the problem was sort of filed and only
persisted in the statements made by the two Nations leaders.
Indians made a policy declaring Kashmir to be an “Atoot Ang”.
Pakistan’s policy was that the problem be solved according to the
UN resolutions. This policy persisted for almost four decades.
Then in late eighties a new twist happened and peaceful struggle
of the people of Kashmir turned into armed struggle. The armed
struggle became so strong that India had to position a sizeable
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number of its troops to control it. A large number of people lost
their lives and wide spread human rights abuses took place. This
situation took another turn when the incident of Kargil occurred in
1999. Pakistan and India nearly went to war. Kashmir issue once
again came to light with a new threat it posed because both India
and Pakistan had become nuclear powers. This matter had hardly
come to normal when USA suffered its worst terrorist incident and
a global war on terrorism started. Pakistan once again became a
front line state. At around the same time Indian parliament was
attacked and India blamed Kashmiri groups for that and linked
them to Pakistan. India moved its forces to border and increased
military pressure on Pakistan. Pakistan responded and tension
again increased. Since at this time USA was tied down in
Afghanistan and needed Pakistan therefore it stepped in to avert a
war between the two nations. Although Indians had their own
plans but as a result of all this exercise Kashmir issue again came
to light. Since USA and other developed nations are worried about
the possible use of nuclear weapons they perhaps are feeling the
importance of the need to resolve this issue. However the difficult
thing now facing USA is that on the one hand is India a giant
market for American products and a strategic partner and on the
other hand is Pakistan a frontline state and presently an important
member of the coalition. The Americans know that India and
Pakistan can not solve their problems bilaterally however India is
opposed to any third party mediation therefore they have adopted
the role of facilitators. As a result of this both sides are talking of a
change of positions on stated policies. Pakistan has as
a result shifted its stated policy. Indians have not yet publicly done
that. Pakistan has even floated certain brave suggestions, which in
my view are not all in best interest of Pakistan. In present
circumstances we should have formed a stronger position on the
issue instead we are showing signs of weakness. In my view
Indians are not serious in dialogue they are trying to pass time and
waiting for opportunity to break off dialogue process. Incidents
like parliament and Mumbai attacks just provided them with the
excuse. The reason is that India perhaps is in the weakest position
on the issue. If there is a party who is going to loose the most it is
the Indians provided a fair solution of the problem is sought.
Referendum is not acceptable to them, independence is out of
question then what they plan on doing about this problem is not
clear. Pakistan would find it difficult to accept any sort of Indian
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rule and so will Kashmiri’s. Then what is the solution to this
problem? In my view only plebiscite is the answer, a genuine
plebiscite.
3. MISTRUST:
4. MINORITIES:
5. MILITARY BALANCE:
6. WATER DISPUTE:
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This issue has not received the attention it deserves. Ever since the
Indus basin treaty both nations hardly ever had a dispute on the
utilization of water as agreed in the agreement. However in the
recent years this has changed. With Indians building dams on
rivers that were agreed to be Pakistani, Pakistan is suffering from
water shortage. Also Indians release the water at the most
inconvenient of time that causes flooding and damage to the crops
in Pakistan. Recently this issue has started gaining importance in
Pakistan and government of Pakistan even went to the World
Bank for the resolution of the dispute of Krishan Ganga dam.
Tension between the two nations might intensify because of the
sensitivity of the issue. It is important that both nations implement
the Indus Water Treaty in letter and spirit to avoid unnecessary
tension.
These in my view are the major matters that affect the relations
between the two nations most. If these matters are settled amicably
then I do not see any reason why these two nations cannot live in
peace. If both nations wish to live in peace and harmony they need
to address them and settle amicably. After more than six decades
of independence both nations should have matured to an extent
that they be able to negotiate and settle their issues.
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BIBLIOGRAPHY
BOOKS
WEBSITES
https://en.wikipedia.org/wiki/India–Pakistan_relations
https://www.aljazeera.com/indepth/spotlight/.../2011/.../2011615113058224115.ht
ml
https://idsa.in/taxonomy/term/195
www.nytimes.com/topic/destination/indiapakistan-relations
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