Hili Chakhansuri

RUNNING HEAD: CONFLICT IN KASHMIR

Table of Content

NO. CONTENTS PAGE

1.0 INTRODUCTION 3

2.0 STATEMENT OF PROBLEM 5

3.0 RESEARCH QUESTION 6

4.0 RESEARCH OBJECTIVE 6

5.0 RESEARCH SIGNIFICANT 6

6.0 LITERATURE REVIEW 7

7.0 THEORETICAL FRAMEWORK 14

8.0 CONCEPTUALIZATION AND OPERATIONALIZATION 19

9.0 RESEARCH METHODOLOGY

9.1 RESEARCH DESIGN 22

9.2 DATA COLLECTION 22

9.3 SAMPLING 23

9.4 DATA ANALYSIS 24

10.0 DEMOGRAPHIC DATA 26

11.0 GEOGRAPHICAL AND POLITICAL IMPORTANCE 27

12.0 OBSTACLES TO ACHIEVE PEACE 32

13.0 HUMAN RIGHTS VIOLATION OF WOMEN AND CHILDREN 35

14.0 LIMITATION OF STUDY 40

15.0 CONCLUSION 41

16.0 REFERENCES 58
CONFLICT IN KASHMIR 2

1.0 INTRODUCTION

“If there is heaven in the earth, it is here in Kashmir” is a famous saying once said by

the great Moghul Emperor Jahangir. The beautiful and picturesque land of Kashmir is located

at the peak of India. The beautiful lakes, snow covered hills, springs, and rivers are the real

charm of the Kashmir. It is one of the most loved location in Asia and also considered as the

jeweled crown on the map of India (Rajkumar, 2015). But based on the Media and Kashmiri

people, human rights are violating each and every day. People do not have freedom of speech

and they are being monitored by Indian Army all the time. Living with curfew is habituated

and adopted by Kashmiri people (Anjum and Varma, 2010). Some of the Kashmiri

organizations demand a new state and at the same time some of them are interested to be a

part of their neighboring country Pakistan.

Here the fact is, Kashmir is enhanced with their own religion and an enrich culture

which is totally different from the other Indian states. At the same time they have their own

rich language. This conflict had started since 1947 when the Kashmiri Hindu king decided to

join with India. But during this period of conflict, United Nations came up with some

solutions which need the support to implicate with the help of India and Pakistan. But the

implication of that decision never happened. According to some journal articles the authors

showed their concern about the rising of extra judicial killing. Only in Kashmir, Indian Army

can kill any innocent people if they think themselves as a terrorist (Vanderloop, 1993).

However, some Kashmiri terrorist group is operating in Kashmir who was promised to fight

for their freedom.

In addition, the clash between those terrorist groups and Indian Army is going one

and the innocent citizens are being victimized. As a state of India Kashmiri people have the

right to live peacefully. At the same time, they should have the right to express their freedom

as we all know that India is the biggest democratic country in the world. This research will be
CONFLICT IN KASHMIR 3

the study on the idea of human rights violation of the Kashmir people and the obstacle to

achieve the peace process.

Figure 1: Kashmir region map.

CONFLICT IN KASHMIR 4

2.0 STATEMENT OF PROBLEM

This conflict had started since 1947 when the Kashmiri Hindu King decided to join

with India (Schofield, 2000). But during this period of conflict, United Nations came up with

some solutions which need the support to implicate with the help of India and Pakistan. But

the implication of that decision never happened. (Thomas, 1992) The main problem is the

woman and the children are suffering the most. Because most of the time the main earning

member of the house is either killed or arrested by Indian Army. Or if there is any conflict

they just escape from that area not to be arrested as a suspect. In this case woman and

children had to suffer more. The act of Indian Army in Kashmir is always increase tension

among India and Pakistan. In fact, in an article by Peterson and Vedel (1994), stated about

the human rights violation in Kashmir through the information given by local doctors and

lawyers. In line with this view, Geelani (2014), mentioned about the 8000 dead, 6000 mass

and unmarked graves, and thousands of disappeared youths. He also belief that, thousands of

Kashmiri youth are being killed as an extra judicial killing by the Indian Army and which is a

clear sign of human rights violation. Because of these, lots of Kashmiri people who had lost

their close relatives in this cruel way do not feel any bondage to be a patriotic Indian because

they always blame the central government for this kind of heinous activities. That is why,

Haleem (2010) quoted that, Terrorist groups like Al-Qayeda and some other organization are

using the emotional feelings of Kashmiri people to involve them in their own agenda. As a

state of India Kashmiri people have the right to live peacefully. At the same time, they should

have the right to express their freedom as we all know that India is the biggest democratic

country in the world.

CONFLICT IN KASHMIR 5

3.0 RESEARCH QUESTIONS

This research is expected to contribute in answering the following research questions:

1. Why is Kashmir geographically and politically important for India and Pakistan?

2. What are the obstacles towards peace in Kashmir?

3. What is the status of human rights violation in Kashmir?

4.0 RESEARCH OBJECTIVES

In answering the above questions, it is hoped that the objectives below can be achieved.

1. To study the important of Kashmir in terms of geography and political for India and

Pakistan.

2. To investigate the obstacles that restrain Kashmir to achieve peace.

3. To analyze the status of human rights of women and children.

5.0 RESEARCH SIGNIFICANT

The finding of this study may be utilized in formulation strategies to enhance the

conflict resolution in Kashmir which may help them to lead a better life. Through our

research findings, we will be able to know the exact importance of Kashmir for both nations

such as India and Pakistan. Not only that but also, we will be able to know how human rights

are being violated in Kashmir and also about the obstacle of peace process. At the end, we

hope that our research findings will provide enough information about the conflict to the

Kashmiri people who may help them to be concerned or tend them to take effective steps in

peace process.
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6.0 LITERATURE REVIEW

There were various past literatures that have conducted on the study of human rights

violation throughout the years. These past literatures aimed to help in developing a better

understanding on the idea of human rights violation in all countries. Hence, in this literature

review, we are focusing on the territorial dispute and human rights violation.

i. Territorial Dispute

The literature discussion has argued that the conflict that usually happens between the

states is caused by a territorial dispute. Territorial dispute is a disagreement about who

controls a particular territory between the two countries, stated by Merriam-Webster

dictionary. There are long listed of countries who involved in this particular term since the

establishment of United Nation. Brian (2004) stated that there is importance of owning a

territory as it will help the modern state to function. But the reality is that these countries is

completing the international claims. He also mentioned that there are nine categories that the

states can relied on in order to justify legal claim of territory before entering their case to the

International Court of Justice (ICJ). Hence, the nine categories that the states can claims are;

treaty law, geography, economy, culture, effective control, historical perspectives, uti

possidetis law, elitism and lastly is ideology. The author also mentioned that the common

claims that have been repeatedly used by a state is in term of historical right, uti possidetis

law, geographical importance, treaty law and also cultural homogeneity. His literature

discussion has focused on the justifications for territorial claims which we will explain more

with example of ongoing disputes at this time.

As mentioned, there are long-listed countries who involved in these countries as for

example in the case of the Ukraine and Russia fighting over the Crimea. Halil and Bugrahan

(2014) stated that Crimea was consisted approximately 60% of the Russian-speakers and rest
CONFLICT IN KASHMIR 7

were made up of Ukrainians, Tatars and other different language speakers. This explain that

Crimea has territorial integrity from Ukraine and Russia because Ukraine was united twice

with Russia which was during the 9th century and on 1785. But then Ukraine became

independent state on 1991 after the breakup of Union of Soviet Socialist Republics (USSR).

The other important things that matter for Ukraine and Russia for Crimea is about the energy

resources and also the legal aspects of Crimea’s Annexation from Russia. The dispute getting

worse after the Russian found its naval base at Sevastopol which is now under Ukraine

territory (Dhaka Tribune, 2016). As mentioned by Brian (2004) there are nine categories that

a state can claim on for legal justification, and this Crimea dispute is basically under the

historical perspectives, cultural homogeneity and economic importance.

In the Middle East, there was another territorial conflict that could be discussed in this

literature review especially in the case of Golan Heights, the conflict between Israel and

Syria. El Abd (2009) in her research, she discussed that the reason Israel and Syria could not

achieve peace process is due to the economic stakes that Israel had after it occupied Golan

Heights in the 1967 Six-Day War. Furthermore, the author mentioned that Israel’s economic

is gain from the Golan Heights since the landscape of the place is very strategic to expand

agricultural sector. In addition, Golan Heights is also a popular tourist destination in Israel

that coincidently contributes to increase Israel’s economic level.

Zirulnick (2011) also mentioned that the location and status of Golan Heights is

becoming one of the reasons why Israel do not want release Golan Heights to the Syrian. The

author also explains that Golan Heights is strategically valuable because it was comprised

with a plateau that was placed at more than 1,000 feet above the sea level. Furthermore,

before Israel annexed Golan Heights, this plateau is used by the Syrian forces to observe and

fire the Israeli forces from the above. In this conflict, we can see that economic perspective is

the main reason of this territorial dispute between Israel and Syria as mentioned by Brian.
CONFLICT IN KASHMIR 8

Our next focused is back to the research topic, in which the discussion will be

explaining on Jammu and Kashmir. The territory dispute here will be discussed in Pakistani

and Indian point of view on what actually the aims and claims that they can process legally

without going to ICJ? Explained by Cheema (2015) he mentioned that the issue of Indian-

Pakistani is as equal as the Israeli-Syrian issue in terms of ‘persistence, sensation and

impregnability to national settlement’. Kashmir’s river links with Pakistan were also vital.

The waters of the Indus, Jhelum and Chenab rivers all flowed through Kashmir before they

reached Pakistan. The agriculture of the Punjab and Sindh that is the backbone of Pakistan’s

economy depended on the water of these rivers to a large extent. Not only that but also this

place is geographically important for both of nations. Because of the Line of Control this

place is important to put control over this conflicted territory. The area is also related with the

border of china. So to put control over that region this place is really important for both of the

nation. On the other hand, Kashmir is adorned with Natural beauty. If Kashmir becomes part

of Pakistan then India will face huge problem in border areas like 1965 (Cheema, 2015).

In addition, the author also stated that “the importance of Kashmir for Pakistan lies in

the two nation theory upon which all India Muslim league based its demand for a separate

Muslim homeland”. Cheema in this context explained that the Muslim majority in Kashmir

do not want to have a ruler who is from another religion. This two nation theory also can be

applied to the Hindus majority in the subcontinent of Kashmir who is unwilling to let the

leader who is a Muslim belief.

In a nutshell, the territorial dispute can be discussed when there is importance from

other or two nations who wants to claim more territory in order to expand their treaty law,

economy, cultural homogeneity and etc.

CONFLICT IN KASHMIR 9

ii. Human Rights Violation

John Salzberg (1971) in his article “UN Prevention of Human Rights Violation” has

stated that the West Pakistan Military killed hundred thousand people in Dhaka specially the

young generations, teachers, Hindu people and students. During this period Awyami league

in Bangladesh won the election and Pakistani Authority were supposed to deliver the federal

power to them. In his research, John Salzberg used total qualitative methods and he used the

UN and governmental reports as main documents. In his case study he did not use any survey

or interview. He just illustrated the fact based on scientific documents. According to his

research, UN official came to know about the mass killing in Bangladesh especially the

women and children but they failed to bring out any solution of the human rights violation

problem (Salzberg, 1973).

The Ambassador of Ceylon, Hamilton S. Amerasinghe expressed his concern about

the mass killing in Bangladesh during in 1971. He also expected for the betterment of the

innocent civilian. Another member state of Yugoslavia, Ambassador Lazar Mojsov’s

observation was in favour of oppressed Bangladeshi people. During this Nine month war

around 30 million people were killed and two hundred thousand women were raped by

Pakistani Army. There were revenge killing, and also infant killings. There were a group of

people in Bangladesh who were not from Pakistani Army but they also helped Pakistani army

in case of this mass killing, (Malik, 2011). In addition, Potts, Myer and Roberts (2011) in

their article “Measuring human rights violations in a conflict affected country: results from a

nationwide cluster survey in Central African Republic” stated that, measuring human rights

violations is particularly challenging during or after armed conflict. Because while data

derived from surveys or surveillance systems is crucial to informing the funding and planning

necessary for an effective humanitarian and public health response, these systems often do

not track violations of individuals rights. Where documentation of human rights abuses in
CONFLICT IN KASHMIR 10

conflict is available, it is often based on individual case reports, which provide detailed

descriptions but are likely to represent only a small portion of actual events. That is one of the

reason of getting unequal data from different sources from any conflict areas (Iacopino, Ford,

Frank, Waldman, Bauer, Keller, Fink and Pallin, 2001). In the article of Potts, Myer and

Roberts (2011), they conducted a household survey based on population estimates from the

2003 national census. Clusters were assigned systematically proportional to population size.

Respondents in randomly selected households were interviewed regarding incidents of

killing, intentional injury, recruitment into armed groups, abduction, sexual abuse and rape

between January 1, 2008 and the date of interview, occurring in their homes’ and those of

their three closest neighbors. According to my opinion this survey is much more effective and

through this process we can gather more detail information. Through this way, we can reach

to the victim and get more authentic data. In their article they have included that the found the

ethics declining issues. During the conflict areas people do not follow or sometimes not eager

to follow the ethical issues. That is why lots of issues of rapes and sexual harassment

occurred. They have interviewed around 50 participants and they found 24 incidents of rape

occurrence. Not only have that heinous issues liked killings, intentional injury also higher

than other areas. The survey captured 76 incidents of intentional injury, of which

approximately two-thirds (68.4%, n = 52). Eighteen reports of violent deaths were recorded

within the sample during the 18.1 month recall period, all among adults. On the other hand,

we must have to admit the fact that, women and children suffer the most in such conflicted

areas.

Now we are going to address the issue of Kashmir based on Human rights violation.

In Kashmir there are many issues of child tortured is reported. Here Petersen and Wandall

(1995) worked on the refugees camps where children were tortured. They have done

interview base research and so far they had found around 10 cases where children were
CONFLICT IN KASHMIR 11

tortured by the Indian authority in different means. A total of 55 persons were examined, 23

younger than 15 years at the time of alleged torture or ill-treatment. Ten boys (aged 5-14

years at the time of alleged exposure) were classified as victims of torture, and eight boys and

two girls (aged 3-13 years at the time of exposure) as subjected to ill-treatment. Another three

children gave testimonies of crack-downs in their village but had not been subjected to

physical maltreatment and were not included in the material. It was stated for all the

examinees that exposure to torture or ill-treatment had taken place in Indian- held Kashmir.

The examinees were numbered consecutively. The method of their collecting data is good

and through interview they have got much information. According to their research, we came

to know that Indian Army tortured around 10 boys in the borders areas and all of them were

suffering from serious injuries. (Petersen and Wandall, 1995). One such conflict or proxy-war

is ongoing in Kashmir, India. Since 1947, the affiliation of Kashmir has been subject to a

dispute between Pakistan and India, who have fought two wars over Kashmir. A referendum

to settle the dispute was planned in 1949 but has never taken place. Meanwhile, a number of

armed groups have been established to tight the Indian Armed Forces. Some groups light for

independence, some for unification with Pakistan. Since 1989 the situation in Kashmir has

been characterized by the Indian Government as a proxy-war. (Vanderloop, 1993). In that

situation, the Kashmiri doctors stated that the situation is being worse day by day. When any

kind of conflicts is going on then, it really hard for them to tackle the situation, as stated by

Petersen and Vedel (1994). Normally the South East Asia women are not that much educated

compared to western countries.

In Kashmir woman are facing the more vulnerable problem because when she became

widow due to any political conflict then she suffers a lot to run her family. There are many

case studies in Kashmir where woman are suffering due to this conflict. Not only that but also

many women are strong enough to fight for justice for their beloved person who were killed
CONFLICT IN KASHMIR 12

by Indian Army. (Thomas, 1993). Moreover, a Kashmiri Journalist Gowhar Geelani justified

that the dead of 80,000 people and also brought the fact about 6,000 mass and unmarked

graves, and thousands of disappeared youth in 1989. There are huge number of extra judicial

killing and kidnapping of Kashmiri people are reported by the authors (Geelani, 2014).

To sum up, based on this research it can be found that there are huge number of

human rights were violated and still this violence is going on. Furthermore, through this study

there is a chance to examine on how the human rights were violated in Kashmir especially

focusing on the part of woman and children issue. As what have been discussed, woman in

South Asia are less independent compared to western countries and they normally suffer

most. In the same time while any children faced ill treatment then he would suffer in near

future because they will face lots of difficulties to acquire education and also lead a standard

living. Education in India is not totally sponsored by government. At the same time when the

children are from conflicted area then they will suffer most.
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7.0 THEORETICAL FRAMEWORK

Two Nation Theory

According to Cheema (2015), the basic concept behind Two Nation Theory is

Muslims and Hindus are two separate nations from every expects. Therefore it was the right

of Muslim to had their own homeland in the Muslims majority areas of Sub-Continent, where

they can live their life according their teachings of Islam. The two nation theory is the reason

Pakistan came into being and acquired independence.

Two nation theory is particularly relevant theory to conceptualize the dynamics of this

research topic from the principles of human right of women and children which was the main

key for the rise of theory among youth Kashmiri and because of the unsatisfied status of

human rights violation in Kashmir the theory become so famous there and people started

believes it's the only rational solution for their long struggles and they share many

assumptions about the powerful actors in the international system.

While Pakistan believes, essentially, that the people of Kashmir should be allowed to

vote in a plebiscite over whether to join India or Pakistan, On the other hand India believes

that Kashmir is national security issue, being concerned with their power of survival and

ready influence in territorial dispute to keep it under Indian authority.

The tension between India and Pakistan over Kashmir has its traditional roots in

territorial disputes and natural resources play important role in this conflict and the need to

secure these natural resources threatening to add a new dimension to the conflict. The most

important Kashmir natural resource from Pakistan's point of view is water. The Indus River

and three of its five main tributaries rise in or flow through Kashmir before entering the

complex canal system which irrigates most of the arable land of West Pakistan and the

western part of India.

CONFLICT IN KASHMIR 14

Clash of interests also play an important factor in the obstacles that restrain Kashmir

to achieve peace which can be seen once Pakistan and India signed the SIMLA agreement in

1972 that established the Line of Control. It also affirmed that India and Pakistan would work

through the Kashmir problem bilaterally and without outside input.

However, after this date, India believed that the tenure of the treaty was over since

international involvement in the dispute was no longer allowed, and that caused frustration

for Kashmiri but in the same time encouraged them to claim their right to have an

independent state.

In this research paper we discussed the hypothesis of applying two nation theory as a

solution for the conflict and based on the theory and according to Liaquat Ali Khan (1940)

”there are two ideas which may bring peace in this region. One might become a part of

Pakistan. India or another one might become an independent state”.

By comparing these two ideas, the first idea did not help the unity of east and west

Pakistan (Bangladesh), and this unity did not work due to the oppressive attitude of Pakistani

rulers. They were superior in their attitude and made sure that their other part would deprived

of fundamental rights. This caused another war in 1971 and gave birth a new nation.

During the period of independence war, India was helping Bangladesh and did not

allow Pakistan to bring artillery to Bangladesh. But if Kashmir becomes a part of Pakistan

and if they face this kind of oppression they might not have this kind opportunity like

Bangladesh because they wake up and sleep beside Pakistan. So because of being the part of

border area Kashmir will not have any option to get rid from Pakistan.

Another option is that becoming an independent nation. Based on the ideology of

Two Nation theory, if Kashmir becomes an independent state then they can easily run their

state based on their religious and cultural values. As can be seen now, the Kashmiri people

are treating as a third class citizen in India.

CONFLICT IN KASHMIR 15

Kashmiri are facing oppression and their human rights was taken by both sides. But

the only reason which makes Kashmiri people to survive is their dream of independence.

Therefore, all Muslims of Kashmir should ultimately have a separate homeland, as they could

not live with the Hindus in Sub-Continent.

Mentioned by Kalis and Dar (2013), the demanding and achieving of Pakistan was

only based on the Two Nation Theory and completely revolving around this theory. In this

study, there will be connection on the Kashmir conflict based on Two nations theory. As

mentioned earlier, the Kashmiri people have separated in terms of religion, language, culture

from other states of India. Not only that Kashmiri people are ethnically different from usual

Indian people and. If there is a question asking about the past heroes of Kashmiri people, it

will be different result of answer from rest of the Indian people.

Muslim View:

There is such a huge difference between Hindus and Muslim society. The major

difference of religion. The Muslims belief stand on the oneness of God and Hindus

worshiped many gods. Their way of living, their religious festivals is totally different.

Muslims believed on the equality of men while on the other hand Hindus were divided into

different castes. In spite of living together for a long time, the Muslims and Hindus were

incapable to coexist and cooperate with each other. This comparison played a great role for

the Two Nation Theory to be existed in sub-continent.

Hindu’s View:

It is a historical fact that Hindus and Muslims are two separate nations. But the

Hindus had given the foundation to the Two Nation Theory, years ago. There is some narrow

mindedness of Hindus. They considered themselves more superior from the other races living

in Kashmir. There was also a caste system by Hindus itself. Cheema (2015) also mention that

“some of the Hindu leaders hated Muslim a lot, and there dream was of rebuilding a great
CONFLICT IN KASHMIR 16

Hindu empire. One of them said: "There was no place for them (Muslims) in the Hindu

society he envisioned".

So the hate campaign was well in place against Muslims. This factor and many others

forced Muslim leader to demand a separate homeland for the Muslims of South Asia, where

they could practices their way of living and implement their own cultural and religious

values.

The entire region has been affected by the Two Nation Theory which became the

basis for the demand of Kashmir people. It means that the Muslims of the Sub-Continent

were a separate nation with their distinct culture, literature, history, religion and social values.

Islam the religion of Muslims was based on the concept of Tauheed and therefore could not

be merged in any other system of religion. It means Islam gives us a concept of Two Nation

Theory.

Two nation theory is not the theory proposed by the Dr. Muhammad Iqbal, but it was

declared by the Prophet Muhammad (S.A.W) himself fourteen hundred years back. In the

state of Madina, people from all the arab tribes had the common identity that they were

Muslims including Jews and other minorities and they lived with peace and harmony.

Therefore, All Muslims of Kashmir would ultimately have a separate homeland, as

they could not live with the Hindus in Sub-Continent. The demanding and achieving of

Pakistan was only based on the Two Nation Theory and completely revolving around this

theory. In our study we will try to connect the Kashmir issue based on Two nations theory.

Because as what have been discussed earlier that Kashmiri people have separated in terms of

religion, language ,culture from other states of India. Not only that, Kashmiri people are

ethnically different from usual Indian people. They are belongs to Ariyana race. If we are

asking about the past heroes of Kashmiri people that will be different from rest of the Indian

people. So we here we can find differences between culture, language, religion, ethnicity and
CONFLICT IN KASHMIR 17

so on. The same type of differences were available while India and Pakistan were born.

Because they used to resemble same sort of differences. That is why we have chosen Two

nation states as our theoretical framework.

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8.0 CONCEPTUALIZATION AND OPERATIONALIZATION

In this research, there were few concepts that can be discussed in order to understand

more about the term and resulting to a better understanding of the concepts and how it can

answer the operationalization process. Firstly, there should be a clear understanding on the

concept of conflict. According to Bercovitch (n.a) conflict can happens to all social life.

because conflict could be related with any situations of scarce resources, division of

functions, power relations and role-differentiation. In relation to this concept, conflict in

Kashmir, hence is a conflict that has to do with what has been mentioned by Bercovitch

earlier. Kashmir has been involved with conflict since 1947 even before the India and

Pakistan gets their independent from the Great Britain in August 1947. After the

independence of both countries, Kashmir was left an option whether to join Pakistan or India

or remain independent. But since the ruler of Kashmir was a Hindu and majority of the

citizen were Muslim, the ruler; Maharaja Hari Singh chose to remain neutral. the conflict gets

more serious when India wants to govern Kashmir but the citizen does not want a ruler who

is from Hindu’s religion, as what has been mentioned in two nation theory. There were three

wars that happened between India and Pakistan but still the conflict is on going until 2018

(Rodger, 2017).

Secondly, on the concept of human rights. Explained by McFarland (2015), the

concept of human rights simply means the basic rights that belong to every individual in this

world no matter what age they are. There were two common classifications on human rights

which are; civil and political rights and also economic, social and cultural rights. These two

classification can be understood simply by ‘right to do something or liberty-rights’ and ‘right

to obtain something’ from the state. If one did not obtain these two rights, then he is not

getting the right for himself by the state. In discussing this concept of human rights in

Kashmir, absolutely that there is no human rights in Kashmir due to the conflict that happens
CONFLICT IN KASHMIR 19

between two countries; India and Pakistan. According to Aara (2017), there are no human

rights for Kashmiri people since the beginning. On 27 Oct 1947, there were 14 Kashmiri

people who have been killed by the Indian Army and it was the time when there is no Armed

Forces (Special Powers) Acts yet. Stated by Aara (2017),

“There are various instances of rape, murder, enforced disappearances,

random firing and mass captures recorded against the security personnel’s in

the Kashmir area. Reports of torture, custodial killings, assaults, constrained

vanishings and fake encounters constantly spill out from the state. In fact, it is

held that violations of people’s rights have become the rule rather than the

exception over the last two decades. It is held that more often than not,

security forces pick up people and harass, traumatize and torture them.”

From the statement above, it is clearly shown that the Kashmir people lived in an

intense environment where they did not feel safe and comfortable in their home town because

of this conflict. It is not only the adult who was the target for the conflict but it was a random

picked by the Indian forces. There is not rights to obtain something from the states and no

rights to do anything in the states.

Independent Variable Dependent Variable

Conflicts Human Rights

Figure 1

In Figure 1 above stated the relationship between independent and dependent variable.

As stated in our model, the dependent variable is Human Rights, whereas the independent

variable is Conflicts.  As predicted, the independent variable which is the conflicts can
CONFLICT IN KASHMIR 20

influence human rights. In general, our argument is that increases conflicts leads to a poor

human rights.

In this section, we have developed the testable statement which specify relationship

between variable. The hypothesis for this paper as follows:

Hypothesis: Conflicts resulted in losing human rights for every individual.

CONFLICT IN KASHMIR 21

9.0 RESEARCH METHODOLOGY

9.1 Research Design

This research adopted qualitative method to have a better understanding on the human

rights violations in Kashmir. Kashmir is a disputed territory between Pakistan and India since

both countries gained independence; the unique status for this area requires a special

understanding of the circumstances that lead to the human rights violations. As a result, the

case-study approach in this research will provide greater insights that cannot be attained with

the available resources by the research team.

The case-study was based on two sources of data. The first source of data was primary

data, which was semi-structured interviews, with the respondents from Kashmir studying in

IIUM, Malaysia. Secondary source of data was based on content analysis of the publicly

available data published by international bodies such as United Nations, Amnesty

International, and different published research papers.

9.2 Data Collection

This research papers was based on primary available data and secondary data sources.

The Qualitative Analysis was collected based on primary sources used in term of interview

by giving semi-structured question. The research instrument for interview was divided into

five sections which are demographic information, knowledge on importance of Kashmir,

security, human rights violation and general issue. Due to time constraint, this interview was

done with the help of Kashmir students from higher learning institutions located in Malaysia.

As for the this Qualitative Analysis, the information was also come from secondary sources

such as government reports, newspaper, published and unpublished reports, academic

journals, embassy reports and statistical reports.

● Primary Data
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Interview: The primary source for the research is the semi-structured interview that will be

conducted with the respondents. The question of the interview will be about the current and

past experience of the respondents about their experience of life in Kashmir conflict.

● Secondary Sources

The secondary sources for this research are the reports published by the international

bodies on the human rights abuses in Kashmir. The research was compiled and analyse all

such reports and used them to design the interview question. The secondary source also

included the government reports published by India and Pakistan in understand the

perspective of the respective country and government. In this research also included the

reports from the High Commision of Pakistan, Malaysia that have been collected during an

event of Kashmir in the embassy. Furthermore, the research also included the news coverage

of the Kashmir issue over the years in order to understand the international perspectives of

the dispute. All the data used in this research was qualitative in nature as the information

required to conduct the research is available only in qualitative form.

9.3 Sampling

The technique that was be applied are purposive sampling technique and also

snowball sampling technique in order to obtain information about the conflict in Kashmir.

We chose this technique for data collection due to availability and accessibility of target

groups which is the students of Kashmir in Malaysia. Basically the student of Kashmir people

who pursued their study in Malaysia, is not big in number, and it was quite hard for us to get

in touch with them and to collect opinion in relation with the conflict in Kashmir research.

The total numbers of Kashmiri students in IIUM are above 20 but 5 - 10 students have agreed

to be interviewed by the research team. Therefore, the sampling size is 5 to 10 students where

all of them are students from higher learning institution. There was limitation during
CONFLICT IN KASHMIR 23

conducting this research which we may not be able to reach a big size of respondents due to

time constraint.

9.4 Data Analysis

As the two sources of data used in this research are qualitative in nature therefore the

research team will do two analyses on the collected information;

● Thematic Analysis

According to (Alhojailan, 2012) “Thematic Analysis is a type of qualitative analysis.

It is used to analyse classifications and present themes (patterns) that relate to the data. It

illustrates the data in great detail and deals with diverse subjects via interpretations”. This

approach includes the analysis of audio recording, and transcripts made from the interviews.

These transcripts will be used for developing themes for answers provided by the

respondents. These developed themes will be further utilized to develop an understanding of

the collective experience of the respondents who resided in Kashmir, to gain better

understanding of human rights violations and draw a line between fake news and the reality.

Moreover, thematic analysis will allow for specific experiences that are considered to be

outliers for the selected group that will make the process of understanding human rights

violations from the perspective of the residents of Kashmir who are directly affected by such

human rights violations. The rationale for using this approach is to allow the research team to

understand unquantifiable human suffering that observers outside Kashmir cannot have

access to due to the contested nature and security situation in Kashmir.

● Document analysis

According to Bowen (2009), document analysis is a form of qualitative research in

which documents are interpreted by the researcher to give meaning around an assessment

topic. Document analysis technique will be used to determine on what level the international
CONFLICT IN KASHMIR 24

bodies and outside observers can understand the human rights violations taking place in

Kashmir. Moreover, it will provide a gauge to determine the level of understanding of the

international bodies on human rights violations in Kashmir.

The document analysis on the themes developed by the research team at the previous

stage of semi-structured interviews will be used to compare the themes used to describe

human rights violations from the perspective of outsiders. Moreover, this process will allow a

better understanding of the human rights violations in Kashmir and how it affects Kashmiri

residents. If there is any disparity between the findings from the semi-structured interviews,

and the public reports; it will lead to a better understanding of the level of bias that exists and

by what degree.

Related to this research paper, the thematic analysis was conducted on the primary

data such as interviews, where as the document analysis was done using the secondary

sources, for example published reports by human rights organizations and bodies.
 CONFLICT IN KASHMIR 25

10.0 DEMOGRAPHIC DATA

Interviewee Number Age Gender Name of the University

1 20 Female IIUM Bachelor

2 28 Female IIUM PhD

3 24 Male UniKL

4 25 Male UniKL

5 24 Female IIUM Master

6 21 Female IIUM Bachelor

7 20 Male IIUM Bachelor

8 21 Female IIUM Bachelor

The above demographic table shows the demographical data of eight interviewees which

comprises of 3 male respondents and 5 female respondents who came from various educational

background.

11.0 GEOGRAPHICALLY AND POLITICALLY IMPORTANCE

As what have been answered by all the interviewees, most of them which are 8 out of 8

persons agreed that Kashmir has big amount of natural resources. As stated by Interviewee number
CONFLICT IN KASHMIR 26

5, Kashmir has the rich resources like water, hydroelectricity and also fruit industry such as apples

and dry fruits, apricots and walnuts which it is a huge industry for Kashmir to a very strong

position. This idea also supported by the seventh interviewee when he mentioned that Kashmir has

hydropower plants where it can generate up to 20 megawatts of energy. The same idea also

repeatedly said by the sixth interviewee where she mentioned that by geographically the Indian

gets most of electricity from Kashmir because of hydroelectricity. It’s where near 60% of the

electricity generated by waterfall in Kashmir will goes to India.

Apart from resources in general, Kashmir is also rich in mineral as mentioned by the fourth

and fifth respondent of the interviewees. According to Changotra (2015), Jammu and Kashmir is

well occupied with forest and also water resources. Kashmir is however deficient in coal,

petroleum, natural gas, iron-ore, manganese, thorium, uranium, aluminium, mica, sillimanite,

phosphates, dolomite, mercury, silver, etc. In addition, there are also other some of the important

minerals found in Kashmir which are copper, lead, zinc, bauxite, chromium, gold, arsenic,

kaolinite, bios-pore, ochre, coal, lignite, slate, marble, sapphire, rubellite, quartz and serpentine.

These mineral can give benefit to the countries who owns it and because of this also, it is important

for India and Pakistan to run over Kashmir. Related to this theme; natural resources, there was a

report by the Planning Commision, the Government of India stated that there are two economic

profile for Jammu and Kashmir. Firstly is in the agriculture term, and secondly is in the industries

term. From the report, it was agreed that Kashmir is full of natural resources for a greater

economic potential. Agriculturally, Kashmir has produce apples, pear, peaches, walnuts, almonds

and cherries in large orchards. But there are different crops according to the seasons of time period.

Industrially, Kashmir has provided raw material for several industries due to its thick forest. These

industries included the match industry which is using the poplar woods that are available in the

Kashmir Valley. There is also the usage of poplar wood and willow trees for making cricket bats

and bringi wood for making hockey sticks. The usage of walnut trees is for woodcarving which
CONFLICT IN KASHMIR 27

will be exported to foreign countries and lastly the usage of forest of Kashmir which have

established the manufacturing factories such as the plywood, hardboard and chipboard.

Another idea that can be found in the transcription is on the beauty of Kashmir. Most of the

interviewee which are 5 out of 8 respondents believed that the scenery, environment and the

mountains there can become good resources of money through tourism. The first interviewee

believed that Kashmir has lots of land which can become a great place for tourism and thus

Kashmir is a very self-sufficient state that can stands on its own. Agreed by the second

interviewee, she mentioned that the tourism industry in Kashmir is one of the reasons why India

does not want to let go Kashmir to anyone. In addition, the third interviewee also mentioned that

Kashmir is important for both countries, India and Pakistan because economically the Kashmir is

known as the land of beauty and through tourism also the economic of both countries can increases

and continue with fourth interviewee, he also mentioned that Kashmir is a very beautiful place for

the tourist to come and get attracted over Kashmir. Supported with the data provided from Aara

(2017) he mentioned that

“The state of Jammu and Kashmir in which nature has endowed with plentiful

beauties in the shape of its dusk green meadows, high snow capped mountains,

gushing streams and sprouting springs, a salubrious climate, sacred places of solace

and mental peace, beautiful gardens, lush-green forests, perennial rivers, pilgrimage

centers, historical places etc., which are of great attraction for tourists,

mountaineers, trackers, pilgrims etc. The state has been an unending attraction of

visitors down the ages.”

From this idea, the author appreciated the beauty of Kashmir and he agreed that Kashmir

has unending attraction for all ages. He also mentioned in his research that due to the vast tourism

resources in Kashmir, the tourism industry in Kashmir is dependent heavily for the economic
CONFLICT IN KASHMIR 28

activity. There are several places that are unique for tourist destination and and offers lots of

attractions especially in Pilgrims for its scenic beauty, Ladakh for its adventurous activities,

Srinagar for trekking mountaineering and sightseeing, Gulmarg for skiing snowboarding and

gondola ride and Pahalgam for horse riding, paragliding and fishing (Jammu & Kashmir Tourism).

The number of tourist who came to Kashmir for this scenic beauty and its adventurous attractions

has increasing rapidly over the years since 1997 after the declining of tourist flow because of of

turmoil and political disorder of Kashmir in 1989 (Aara, 2017). According to the data provided by

Jammu and Kashmir Tourism Department, the number of tourist arrivals to Kashmir in 2014 is

about 767313; total up from the domestic and foreign tourists. From the data given, it can be seen

that Kashmir indeed is the best destination for the tourist to come and enjoy the natural beauty of

place.

Through the ideas mentioned, it was agreed that natural resources and tourism is one of the

geographical importance for both countries; India and Pakistan. The discussion can be simplified

that the natural resources in Kashmir which has connection with the geographical issue can lead to

the conflict in the country. This is because most of the resources in Kashmir will goes to India and

thus benefited India automatically. As what has been mentioned by the 1st interviewee, she stated

that India derived so many resources from Kashmir and if India lose Kashmir to another hands or

party, it will resulted in lose the natural resources which they have gained freely from Kashmir.

When this issue comes out, from geographical importance for India and Pakistan, there are surely

political importances too for both countries. From the articles reviewed, it can be seen that India

and Pakistan has historic wars in the past over Kashmir. And from these wars, Indus Water Treaty

(IWT) was established as a treaty to solve the water issue between India and Pakistan. As

mentioned by Mir (2014),

CONFLICT IN KASHMIR 29

“the geography of partition was such that the Source Rivers of the Indus basin were

in India. Pakistan felt its livelihood threatened by the prospect of Indian control

over the tributaries that fed waters into the Pakistani portion of the basin. While

India certainly had its own ambitions for the profitable development of the basin.

Pakistan felt actually threatened by a conflict over the main source of water for its

cultivable land.”

From the idea by the author, it can be seen clearly that natural resources in Kashmir has

developed such conflicts from India and Pakistan. Both countries were quarrelling about the

natural resources that were generated in Kashmir. Supported by an online news thethirdpole.net,

(Parvaiz, 2017) mentioned about the same issue which is the Indus Water Treaty. Recently,

reported by the news, India plans to speed up the construction project of eight hydropower plants

in Himalayan state of Jammu and Kashmir. In this eight projects, seven out of eight rivers were

located in Chenab basin which was allocated to Pakistan and only one river will be use from the

Ravi basin which was allocated to India, and according to the IWT, Chenab and Ravi basins were

part of larger Indus basin. From the news, two person from the Kashmir University under the

department of Earth and Science, and Geography, Shakil Ramshoo and Mohammad Sultan Bhat

mentioned their opinion that Pakistan will surely object this India’s projects in Bulsar and

Sawalkote in spite of the fact that India mentions that the projects will be constructed as what has

been mentioned in the IWT. They also mentioned that previously Pakistan had objections in the

projects of hydropower plants and argued that the projects or dams can hold back water and in

some cases, the gates that were built into the dam wall could flush out sediments contravene

technical provisions of IWT. Quoted from Mohammad Sultan Bhat, he stated that

“We have seen in recent times that Pakistan has raised strong objections to power

projects like Baglihar and Kishanganga. They are going to do the same, especially
CONFLICT IN KASHMIR 30

at a time when India has openly said that it is going to use water as a strategic tool

to put pressure on Pakistan,”.

From the interview made by thethirdpole.net, it is clearly stated that Pakistan also has its

interest on Kashmir because of the flow of water and rivers. In accordance to this water issue,

(Kalis and Dar, 2013) also mentioned that Pakistan’s interest can be safeguarded if only Kashmir

is freed from Indian control because all deposits of water are in Indian Kashmir and therefore

that’s the only way for economic prosperity of Pakistan can be granted.

From these views for geographical and leads toward the political importance, it can be seen

that natural resources has becoming the mutual conflict in Kashmir between India and Pakistan.

Even though there was resolution from the IWT, still the conflict of Kashmir remain unresolved.
CONFLICT IN KASHMIR 31

12.0 OBSTACLE TO ACHIEVE PEACE

There are ideas which have been repeated in almost all interviews which are, they believe

Indian government is not honest to the act stated in their constitution which Kashmir has the right

for referendum, and that it is Kashmir people right to choose to be independent and free or if want

to be with one of the India or Pakistan. According to their opinion India is not sincere party but

Pakistan is ready for signing the treaty and is agree for Kashmir to have referendum. Indian

government believe there is no conflict in Kashmir and consider Kashmir as their integral part. In

addition, few interviewees added that United States and international community or United Nation

are not forcing India to consider this as conflict and let Kashmir to choose their independence and

plus there is no one trying to be honest or try to help them, for example if US had interest in

Kashmir they would most probably free them from India. Kashmir become battleground between

Pakistan and India and the peace within the region seem inevitable as none of the countries seem to

back down and, both countries not ready to give any kind of concede in order to solve the problem

or either give the referendum for Kashmiri people how had suffer a lot to get their independent.

There is resolution in United Nations that says Kashmir should given its right to

referendum and to choose with whom they want to be with, but at the same time it is not being

acted point and there is reason first in India there is big economy a big market for people to sell

their goods for example America is interested in India because of its going to sale the goods

there, it is in a good economy or business relationship with india. So, America would rather

keep Kashmir issue away and not irritate India. Pakistan and India are rivals they have many

wars and fought three wars on Kashmir.for them (Pakistan) stance with Kashmir is like if India

willing to let Kashmir choose so we are also willing to, and we are more than happy for the

dialogue. But, India is not ready and India is not the sincere party in the dispute, it doesn't

recognize Kashmir internationally and it does not want to, although it is everywhere you see in
CONFLICT IN KASHMIR 32

the map it will be a region of dispute and that is something which pinches India and they do not

like it. (Interviewee 5)

There was an instrument of accession where India said they will sign but still they did

not sign, one of the condition was that there supposed to be a plebiscite in Kashmir, because it

was not a part of India , it was a different state. The plebiscite still did not conducted yet

because India wants it may be because of the resources. The problem of Kashmir is not solving

because they are not holding proper talks, the India and Pakistan and the international

community. They were supposed to hold a referendum. Referendum still did not happen yet.

The Indian Government and Indian Army are responsible for all of this. (Interviewee 1)

After all, according to the interviews taken almost all the interviewees said that there

is resolution in United Nations that says Kashmir should given its right to referendum and to

choose with whom they want to be with, and India is not agree about the referendum in other

hand Pakistan is okay with this referendum. As it is defined a referendum is a vote in which

every one of the general population in a nation or a territory are gotten some information

about or choose an essential political or social inquiry. In addition they believe that the

problem of Kashmir is not solving because they are not holding proper talks, there is a

dispute between both India and Pakistan.

As stated by (Vanderloop, 1993), Kashmir is enhanced with their own religion and an

enrich culture which is totally different from the other Indian states. At the same time they

have their own rich language. This conflict had started since 1947 when the Kashmiri Hindu

king decided to join with India. But during this period of conflict, United Nations came up

with some solutions which need the support to implicate with the help of India and Pakistan.

But the implication of those decisions never happened. From the primary and secondary data

it can be seen that one of the obstacles of peace in Kashmir is the denying of referendum by

Indian government, this resolution was came up by UN 1947 but never been happened. A
CONFLICT IN KASHMIR 33

referendum is a vote in which every one of the general population in a nation or a territory are

gotten some information about or choose an essential political or social inquiry.

The Kashmiri students which have been interviewed believe that Indian government

is specifically is the one who does not want the referendum happen, most probably because

India believe Kashmir is their integral part and there is no need for referendum. In the other

hand as India and Pakistan has dispute between each other they don't want to have a dialogue

or talk about this conflict. Through this research it was figured out that the main problem

which Kashmiri people are facing towards peace in their state is Indian government which is

not accepting to implement the act about Kashmir referendum and giving them their freedom.

However, according to the findings only few of the interviewees claimed that Pakistan is not

that much involving in making problems for Kashmir to achieve peace.

CONFLICT IN KASHMIR 34

13.0 HUMAN RIGHTS VIOLATION IN KASHMIR

According to the responds, all of the interviewees agreed on the fact that Indian

government is violating human rights in Kashmir. Among eight interviewees, two from them

are Pakistan occupied Kashmir and they did not experience any human rights violation but

the rest of them who are from Indian occupied Kashmir experienced or their close relatives or

neighbors faced human rights violation. There is a fact that human rights is such a dress

which must not be removed from any person if he or she born as a human. Here, based on the

studies it can be found that, Kashmiri people do not have the rights to move freely and not

that even they are not allowed to participate in any peaceful demonstration.

Human rights violation such as killing innocent of people, freedom of movement, extra

judicial killings:

In the case of interviewee number one and five their cousins were tortured by Indian

army without having any proper reason. Not only that he was threaten to death and when he

came back home he came with a big scar in his body. Still he is carrying this symbol of

oppression of Indian Army. Sixth interviewee also mentioned how they are suffering during

the curfews. Her mother was really sick but they failed to bring her in the hospital due to

curfew while the hospital was only 10 minutes walking distance from their house. All of the

interviewee strongly believed that Indian government and Indian army is responsible for this

human rights violation.

Since 1947, people of Jammu and Kashmir are cursed to tolerate the oppression of

Indian army. The bitter truth is even if they or their beloved person are tortured they even

have to chance to complain (Embassy, Mir, 2018). On 6th November, 1947, there were 65

thousand Muslims were killed at Channi Himmat, Jammu after few hours being fired upon all

sides who were camping there to leave for Pakistan. Here it is proved that how brutality they
CONFLICT IN KASHMIR 35

had faced before and through our interviews we also came up that still this kind of brutality is

going on the land of Kashmir. In the case of seventh interviewee, his friend was killed by

police while they were promised by the chief of police that they would not be harmed. They

were ensured that as it was a peaceful demonstration and so they could join it. But finally his

friend was killed by this specific chief of the police by shooting and he was also targeted and

finally he just rescued because of his good luck. In case of sixth interviewee, her grandfather

was taken by the Indian army and he was tortured mentally and physically. So when he came

back home after few months he was unable to talk and behaved normally with family

members. Since 1947 until now Kashmiri people is facing extra judicial killings and

abduction.

Apparently the fifth interviewee came up with something really shocking. It was

during 1990s, which is known as a time of terror for Kashmiri people and that time Indian

government established AFSPA (Arm Forces Special Power Act. According to this act Indian

army got free immunity to kill any Kashmiri people. Here, the Indian Hindu extremist and

terrorist organization, Rashtriya Swayamsevak Sangha (RSS)’s Jagmohan Malhotra, who

took over as the governor of occupied Jammu and Kashmir on 19 th January 1990, for the

second time in a bid to control the mass pro freedom protest by Kashmiris. Just a day later on

his second day in office on January 21, 1990, the first mass massacre at Gow Kadal took

place in capital city Srinagar. At least 52 people were killed and 250 others injured, according

to survivors and media reports (Embassy).

On October 1 1990, Indian soldiers of 13 Kumaon Regiment and personnel of Border

Security Force (BSF) killed 22 civilians in Handwara town and set the town ablaze,

(Embassy, Handwara Massacare, October 1, 1990). Memories of the carnages carried out by

Indian Army at Zakoora Crossing and Tengpora in the Srinagar city outskirts 28 years ago

are still fresh in the minds of the eyewitnesses and survivors of the tragedy. Forty-seven
CONFLICT IN KASHMIR 36

unarmed civilians were killed and dozens more injured when the Indian army soldiers fired

indiscriminately on them on March 1, 1990 (Embassy, 2017). Two massacres in a day on

March 1, 1990 left 26 dead in Zakoora and 21 at Tengpora Bypass Srinagar. The Zakoora

massacre was carried out when peaceful protesters were on way towards the office of United

Nations Military Observers Group on India and Pakistan (UNMOGIP) to submit a

memorandum –seeking resolution to Kashmir issue, (Pakistan, 2018). Same like those

previous incidents 23 civilians were murdered at Khanyar on 8 th May in 1991 by Indian

Authority. (Embassy, 2017)

Every heart cried and every eyes shed tears in the intervening night of the 23rd and 24th

February 1991, when the Indian troops of the 04 Raj Raffles of 68 Bridge C/0 56 APO

launched a search operation in the village of Kunan Poshpora, just 5 kilometers from the

main township Kupwara, and toed all humanitarian principles with raping of as many as

thirty women, including teenage girls and a near 100 year old frail grandmother (Pakistan,

Kunan Poshpora Mass Rape February 23, 1991, 2018). So this kind of incident happened

throughout 90s in Kashmir. According to our interviewee that is why in 2008 Kashmir got

many young rebels who were committed to give their life for Kashmir. The reason why the

originations of those young rebels are they born and brought up in 90s and that is why they

want to get rid of this conflict. According to our second interviewee, most of the rebels are

educated and they are really knowledgeable people because while they are protesting against

the Military they know that the return may be the bullets. According to this specific

interviewee, these rebels are not supported or funded by any organization. Even they are

educated enough not to be brainwashed. The reason of their struggle is only to bring peace

for their state, even two of our interviewees were part of protest.

Situation of woman:
CONFLICT IN KASHMIR 37

All of our female interviewees agreed upon the creepy fact that they were teased by

Indian Army whenever they used to go out. Our First interviewee mentioned that the army

camp was just beside her house. So she was not allowed to open the window of her room.

Even she never could go out without her parents. Our fifth interviewee told that she also

faced such incidents. During the 1947s while the Indian Army was massacring then the

woman used to jump on river only to protect themselves for not being raped by Indian army

or RSS (Hindu Extremist Organization) (Embassy, Mir, 2018).

Usage of Pellets:

All of our interviewees strongly believed that, usage of pellets are something

inhuman. All of them agreed on the side of banning pellets in India. Even three of them stated

that, pellets should not be used on animal also. Three of our interviewee mentioned that if

they really regard Kashmir as a part of India then how they can attack their people with pellet

guns. Instead of using pellet our interviewee suggested that the Indian authority can jail them.

Here, pellets are loaded with lead and once fired they disperse in huge numbers. They

don’t follow a definite path. Pellets penetrate the skin’s soft tissues, and eye being the

delicate structure is the most vulnerable to damage. Once the pellet goes inside an eye it

shatters tissues and causes multiple damages to all parts of the eye. Amnesty International

interviewed 88 who had lost their vision. Among those 88 people, 14 of them were women

who were not even joined any protest. They were staying in their home.

However, what is more surprising is that 16 of the Jammu and Kashmir Armed Police

personnel were also treated for pellet guns related injuries in 2016. It describes how blindly

these weapons were used. But according to our interviewees and the documents of Pakistan

embassy the number who had lost their life and vision is huge. More than 2000 people

already lost their vision. Some of the other Human rights violation mentioned by our

interviewee which are whenever they are going out they had to show their identity cards to
CONFLICT IN KASHMIR 38

army. Here the problem is Kashmir is belongs to them and they have to prove their

identification to someone who is from another state of India. Whenever the girls used to go

out they used to face unusual attitude from Indian Army. As a result, mainly reason of why

Kashmiri parents do not allow their girls to go out without having a proper reason. According

to most of our female interviewee, the life of Kashmir was nothing but living in a cage. The

interesting part is here out of eight interviewee two are from Pakistan occupied Kashmir and

they have never faced any kind of human rights violation. One of them stated that their life is

much more secure than rest of the Pakistan.

CONFLICT IN KASHMIR 39

14.0 LIMITATION OF STUDY

Sample size has been collected using purposive and snowball sampling technique.

This research aim for only 8 respondents of Kashmir students in Malaysia due to time

constraint and most of our research group member had a pack class schedule since all of our

research members are undergraduate student. Other possible limitations of the researcher

were to schedule a time for each of the interview since most of the interviewee were also

busy with their class schedule. Besides that, the sources were also hard to be found from

government officials that provide details about the conflict in Kashmir especially in term of

human rights violation because up until now nor India or Pakistan has agreed to achieve

peace but rather continue accusing on each other. Lastly, longitudinal effect due to time

constraint to collect data and to measure change or stability over time. Also to measure

research question and provide explanation and analysis for each data collection that has been

recorded.
CONFLICT IN KASHMIR 40

15.0 CONCLUSION

Overall, this research paper was emphasized on the conflict that happens in Kashmir.

It focused on the importance of Kashmir for India and Pakistan, then the obstacles for

Kashmir to achieve peace and human rights violation especially for women and children. The

intention of the study is mainly to examine the exits relationship between these variables. The

respondents of our research are mainly from Kashmir nationality who studies in Malaysia’s

high educational institution like IIUM and UniKL. Furthermore, we believed that the

experiences and the opinions from Kashmir people itself can answer our research questions

on the conflict of Kashmir.

Regarding to the analysis, we can conclude that there were few aspects contributed to

the conflict in Kashmir. In addition, we can suggest that the government should play a

significant role to enhance and promote civic awareness about what is really happen in

Kashmir.
CONFLICT IN KASHMIR 41

16.0 REFERENCES
Aara R., R. (2017). Value Chain Perspectives of Tourism Industry; A Case study of Jammu

and Kashmir. Guru Nanak Dev University. pp 1- 215. Retrieved on 7/5/2018 from

http://shodhganga.inflibnet.ac.in/jspui/bitstream/10603/160616/10/10_ruhi-

economics-chapter%204.pdf

Alhojailan M., I. (2012). Thematic Analysis: A Critical Review of its Process and Evaluation.

West East Journal of Social Sciences. Vol. 1 No. 1. Pp 1-9. Retrieved on 7/5/2018

from

https://fac.ksu.edu.sa/sites/default/files/ta_thematic_analysis_dr_mohammed_alhojail

an.pdf

Anjum A., & Varma S. (2010). Curfewed in Kashmir: Voices from the Valley. Vol XLV. No.

35. Pp 10-14. Retrieved on 5/4/2018 from http://anthro.ucsd.edu/_files/Curfewed

%20in%20Kashmir-Saiba%20Varma.pdf

Bercovitch, J. (n.a). Conflict and Conflict Management in Organizations: A Framework for

Analysis. pp 1-20. Retrieved on 7/5/2018 from

https://pdfs.semanticscholar.org/5a52/12507a9b43e0406ce333cf2c12a0894595cd.pdf

Brian T., S. (2004). Territorial Disputes at the International Court of Justice. Vol. 53. pp. 1-

34.

Bowen G., A. (2009). Document Analysis as a Qualitative Research Method. Qualitative

Research Journal. Vol. 9 Issue: 2, pp. 27-40. Retrieved on 7/5/2018 from

https://www.emeraldinsight.com/doi/pdfplus/10.3316/QRJ0902027

Changotra S. (2015). Mineral Distribution of Jammu Kashmir. International of Science and

Research. pp 1-5. Retrieved on 7/5/2018 from

https://www.ijsr.net/archive/v6i10/ART20177750.pdf

Cheema M., J. (2015). Pakistan-India Conflict with special references to Kashmir. South

Asian Studies. A Research Journal of South Asian Studies. Vol. 30, No. 1. Pp 63.
CONFLICT IN KASHMIR 42

http://pu.edu.pk/images/journal/csas/PDF/4%20Mis%20Musarat%20Javaid_30_1.pdf

El Abd, S. (2009). Economic stakes in the golan heights: Constraining the Peace Process. The

Chronicles. Pp 44-49.

Liaquat Ali Khan (1940), Pakistan: The Heart of Asia.Pp 79-82.

https://archive.org/stream/pakistantheheart027153mbp#page/n99/mode/2up

Geelani, G. (2014). Kashmir: The Forgotten Conflict. Race and Class (Washington). Vol. 56.

pp. 29-40.

Haleem, I. (2010). Micro Target, Macro Impact: The Resolution of the Kashmir Conflict as a

Key to Shrinking al-Qaeda’s International Terrorist Network. Terrorism and Political

Violence. Vol. 16, No. 1, pp 18-47. DOI: 10.1080/09546550490446054

Halil, E., and Buğrahan, N. E. (2014). The Eu-Russian Conflict On Crimea

And Its Regional Implications. EURINT, Centre for European Studies, Alexandru

Ioan Cuza University, vol. 1, pages 104-119. Retrieved on 5/4/2018 from

http://cse.uaic.ro/eurint/proceedings/index_htm_files/EURINT2014_ERD.pdf

Iacopino, V., Ford, D., Frank, M. W., Waldman, R., Bauer, H. M., Keller, A. S., Fink, S. L.,

and Pallin, D. J. (2001). A Population-Based Assessment of Human Rights Abuses

Committed Against Ethnic Albanian Refugees from Kosovo. American Journal of

Public Health. Vol. 91, No. 12. pp 1-6. Retrieved on 5/4/2018 from

https://ajph.aphapublications.org/doi/pdf/10.2105/AJPH.91.12.2013

Kalis, N. A., and Dar S. S. (2013). Geo-Political Significance of Kashmir: an overview of

Indo-Pak Relations. IOSR Journal of Humanities and Social Sciences. Vol. 9, Issue 2.

pp 115-123.

Malik, D. (2011). State of Human Rights Violation in Bangladesh. South Asia Journal.

Retrieved on 5/4/2018 from http://southasiajournal.net/state-of-human-rights-in-

bangladesh-k-m-a-malik/
CONFLICT IN KASHMIR 43

McFarland, S. (2015). Human Rights 101; A brief college-level overview. Science and

Human Rights Coalition, Western Kentucky University. pp 1-17. Retrieved on

7/5/2018 from https://www.aaas.org/sites/default/files/content_files/AAAS

%20Coalition%20Human%20Rights%20101_0.pdf

Mittal, D. (2016). India-Pakistan: Contours of relationships. Department of Sociology, Delhi

School of Economics, Delhi, India.

Mir, A. M. (2014). India-Pakistan; The history of Unresolved Conflicts. IOSR Journal of

Humanitarian and Social Sciences. Vol. 19, Issue 4, Ver. II. pp 101-110.

Moustakas, C. (1994). Phenomenological research methods. Sage.

Parvaiz, A. (2017). India hastens hydropower projects in Jammu and Kashmir. Retrieved on

29/5/2018 from https://www.thethirdpole.net/en/2017/07/24/india-hastens-

hydropower-projects-in-jammu-and-kashmir/

Petersen, H. D., and Vedel, O. M. (1994) Assessment of Evidence of Human Rights

Violations in Kashmir. Forensic Science International Article. Vol. 68, No. 2. pp 103-

15. DOI: 10.1016/0379-0738(94)90308-5

Petersen, H. D., and Wandall, J. H. (1995). Evidence of Physical Torture in a Series of

Children. Forensic Science International Article. Vol. 75, No. 1. pp 45-55. Retrieved

on 5/4/2018 from https://doi.org/10.1016/0379-0738(95)01766-C

Potts, A., Myer, K., and Roberts, L. (2011). Measuring Human Rights Violation in a Conflict

Affected Country; Results from a Nationwide Cluster Survey in Central African

Republic. pp 1-14. Retrieved on 7/5/2018 from

http://www.cpcnetwork.org/resource/measuring-human-rights-violations-in-a-

conflict-affected-country-results-from-a-nationwide-cluster-survey-in-central-african-

republic

Rajkumar, R. (2015). Jammu and Kashmir; The Jewelled Crown. Retrieved on 5/4/2018 from
CONFLICT IN KASHMIR 44

http://www.lamoillehouse.com/2015/03/jammu-and-kashmir-jewelled-crown-of.html

Rodger, J. (2017). What is Kashmir Conflict? Why is India and Pakistan fight over it.

Retrieved on 7/5/2018 from https://www.birminghammail.co.uk/news/uk-news/what-

kashmir-conflict-india-pakistan-13283550

Salzberg, J. (1973). UN Prevention of Human Rights Violations: The Bangladesh Case.

Cambridge University Press. Vol 27, No. 1. pp 116-127. Retrieved on 5/4/2018 from

https://doi.org/10.1017/S0020818300003222

Shani, G. (2007). Two Nations:The Religious and the Secular Dimensions of Muslim.

Institute of International Relations and Area Studies, Ritsumeikan University, pp 70-

84.

Schofield, V. (2000). Kashmir in Conflict : India, Pakistan and the Unending War. I. B.

Tauris

& Co Ltd, London. Retrieved on 5/4/2018 from

https://ourrebellion.files.wordpress.com/2010/07/book-kashmir-in-conflict-india-

pakistan-and-unending-war.pdf

Thomas, R., G. (1992). Perspectives on Kashmir; The Roots of Conflict in South

Asia. Westview Press.

Vanderloop, G. (1993). The Human Rights Crisis in Kashmir; A Pattern of Impunity. Human

Rights Watch and Physicians for Human Rights. pp 1-219. Retrieved on 5/4/2018

from https://www.hrw.org/sites/default/files/reports/INDIA937.PDF

Van Manen, M. (1990). Researching lived experiences. State University of New York Press,

Albany.

Zirulnick, A. (2011). Golan heights: Five keys to understanding the dispute. The Christian
CONFLICT IN KASHMIR 45

Science Monitor. Retrieved on 5/4/2018 from

https://www.csmonitor.com/World/Middle-East/2011/0606/Golan-Heights-Five-keys-

to-understanding-the-dispute/Strategic-importance

Embassy, P. (n.d.). Alamgiri Bazaar massacare, 22 January , 1990. Pakistan embassy

Embassy, P. (n.d.). Handwara Massacare, October 1, 1990. Pakistan embassy.

Mir, R. (n.d.). Kashmir media service, worse ethnic cleansing in human history .

Pakistan embassy .

Pakistan, E. o. (2018). Kunan Poshpora Mass Rape February 23,1991. pakistan

Embassy .

Pakistan, E. o. (2018). Zakoora Crossing massacare 1st March 1990 and Tengpora

Byepass Massacre !st March 1990.

Weblinks:

1) Official Website of Department of Tourism Government of Jammu and Kashmir.

Retrieved on 7/5/2018 from http://www.jktourism.jk.gov.in/

2) Planning Commision, the Government of India. Retrieved on 7/5/2018 from

http://planningcommission.nic.in/plans/stateplan/sdr_jandk/sdr_jkch1.pdf

Hardcopy:

1) Reports from High Commision of Pakistan, Malaysia.