Introduction & Overview
Jammu & Kashmir (J&K) represents one of India's most complex and protracted internal security challenges, deeply rooted in historical developments, political dynamics, and persistent cross-border terrorism. The region has witnessed phases of separatism and militancy, significantly influenced by external actors and radical ideologies. This module offers a comprehensive analysis of the conflict's historical evolution, the contentious role of Articles 370 and 35A, the pervasive impact of Pakistan's proxy war, and the socio-political dimensions including youth radicalization and the emergence of 'hybrid terrorists'. Crucially, it details the Government of India's multi-faceted response, marked by the transformative abrogation of special provisions, renewed developmental focus, robust counter-terrorism operations, and extensive outreach efforts aimed at ensuring lasting peace, stability, and integration of the region.
3.3.1 Historical Background and Evolution of the Conflict
Accession to India (1947)
Maharaja Hari Singh, the ruler of J&K, initially opted for independence. Following an invasion by tribal irregulars supported by Pakistan in October 1947, he signed the Instrument of Accession to India on October 26, 1947, conditional on J&K's special status.
Source: V.P. Menon - The Story of the Integration of Indian States, NCERT Class 12
Post-partition Developments
Indian forces pushed back the invaders, leading to the First Kashmir War (1947-48). A UN-mediated ceasefire in 1949 left parts of J&K under Pakistani control (PoK/Gilgit-Baltistan) and established the Line of Control (LoC). J&K's unique status was recognized through various constitutional provisions.
Articles 370 and 35A
Article 370 (1949) granted special autonomous status to J&K, limiting Union's legislative power. Article 35A (1954) empowered J&K legislature to define "permanent residents" and grant special rights. These provisions were central to J&K's unique relationship with India.
Socio-political Implications & Debates on Art 370 & 35A
For J&K: Perceived as safeguarding Kashmiri identity and culture; however, also seen as hindering full integration, limiting investment, and denying rights to non-residents and West Pakistan Refugees.
For India: A constitutional bridge, but also seen by some as an impediment to national integration and a source of separatism.
Debate on their temporary nature, alleged erosion over time, and their impact on development and security persisted for decades.
Political Developments & Erosion of Trust
Elections were periodically held but often marred by boycotts and allegations of rigging (e.g., 1987 elections). Perceived erosion of special status and central interference contributed to widespread disillusionment and alienation, fueling pro-Pakistan and separatist sentiments leading to demands for independence or accession to Pakistan.
Rise of Militancy (1989 onwards)
The late 1980s saw a significant escalation of violence and the rise of armed militancy. Pakistan's ISI exploited the discontent, actively pushing well-trained and armed foreign terrorists (e.g., LeT, JeM, HM) across the LoC. Ideological indoctrination and religious extremism (Wahhabism) began to take root, especially among youth.
Illicit financial flows from Pakistan and diaspora elements, often through hawala channels, sustained militancy.
Source: MHA Annual Reports, Intelligence agencies
3.3.2 Role of External Actors and Cross-Border Terrorism
Pakistan's Proxy War
Pakistan's involvement is widely considered the primary external driver of militancy in J&K, using non-state actors (terrorist groups) to wage a low-intensity conflict against India without direct state-to-state conventional warfare.
- Training Camps: Operating numerous terror training camps in PoK and Pakistan, imparting combat skills and ideological indoctrination.
- Funding: Providing financial support through various overt and covert channels (including drug money).
- Infiltration (LoC): Actively facilitating infiltration of terrorists across the Line of Control (LoC), often providing covering fire or exploiting difficult terrain.
- Propaganda & Hybrid Warfare: Spreading disinformation, false narratives, and extremist ideologies through information/hybrid warfare tactics to radicalize youth and incite violence.
Source: Indian Army, MHA, MEA dossiers
Designated Global Terrorists & Organizations
Key figures and organizations designated globally, openly operating from Pakistan:
| Name | Organization | Noted For |
|---|---|---|
| Hafiz Saeed | LeT | Mastermind of 26/11 Mumbai attacks, anti-India activities. |
| Masood Azhar | JeM | Architect of Pulwama, Pathankot, Parliament attacks. |
| Dawood Ibrahim | D-Company | Organized crime-terror nexus, logistics, financing, smuggling. |
Source: UN 1267 Committee, NIA, CBI
FATF Implications & International Pressure
Pakistan's repeated inclusion in the FATF 'grey list' was largely due to its failure to adequately curb terror financing and prosecute designated terrorists like Saeed and Azhar. This has put significant pressure on Pakistan to be seen taking action.
Source: FATF Public Statements
Drone Incursions: A Growing Threat
A growing threat: Drones are being used by Pakistani entities/terror groups to drop weapons, ammunition, narcotics, and even IEDs across the international border into Punjab and J&K, challenging traditional border security.
Source: BSF, Punjab Police, NIA
3.3.3 Socio-Political Dimensions and Radicalization
Radicalization of Youth
Youth radicalization remains a critical challenge, driven by multiple factors:
- Online Propaganda: Social media (WhatsApp, Telegram, Facebook, Twitter) is a major tool for spreading extremist narratives, glorifying militants, and recruiting vulnerable youth.
- Role of Mosques/Madrassas: While most are legitimate, some radical elements may use religious institutions for ideological indoctrination.
- Peer Groups: Influence of friends and local networks in radicalization.
- Narratives of Injustice: Exploitation of historical grievances, perceived political marginalization, human rights concerns, and unemployment to fuel anger and push youth towards militancy.
Source: MHA, J&K Police
Hybrid Terrorists: A New Challenge
Emerging as a significant threat post-2019. These are often local youth, not formally listed in security records, who are radicalized and trained to carry out targeted killings (e.g., using pistols) and then melt back into civilian populations, making them difficult to track.
Modus Operandi: Targeted killings of minorities (Kashmiri Pandits), migrant workers, and off-duty security personnel to create fear and disrupt normalcy.
Source: J&K Police, Indian Army
Stone-pelting Incidents
Causes: Often spontaneous reactions to security operations, but also organized and instigated by separatists and OGWs to disrupt operations.
Impact & Decline: Disruption of daily life, injuries to civilians and security forces. Significant decline post-2019 due to robust law enforcement, sustained security operations, counter-radicalization efforts, and reduction in instigators.
Source: J&K Police data
Impact of Internet Shutdowns
Rationale: Used by authorities to prevent spread of disinformation, mobilization of protestors, and coordination of terror activities.
Criticism: Seen as an infringement on fundamental rights (free speech, access to information) and impacting economic activity and education. Debated in Supreme Court (Anuradha Bhasin vs. UoI).
Source: SC judgments on internet shutdown in J&K, UN reports
Kashmiri Pandit Displacement & Rehabilitation Efforts
Displacement: Mass exodus of Kashmiri Pandits from the Valley in the early 1990s due to targeted killings, threats, and intimidation by militants.
Rehabilitation efforts: Government initiatives to facilitate their return (e.g., transit accommodations, employment schemes), but challenges remain due to continued security concerns and fear.
3.3.4 Government Approach and Initiatives
The Government of India has adopted a comprehensive, multi-pronged strategy encompassing constitutional changes, development, security, and outreach.
Abrogation of Article 370 and 35A (Aug 2019)
Constitutional Aspects: Done through a Presidential Order (C.O. 272) by amending Article 367, effectively making Article 370 inoperable. Article 35A automatically ceased to exist.
- Impact on Security: Government claims it has enhanced security by fully integrating J&K, reducing separatism, and strengthening counter-terrorism operations.
- Impact on Economy: Aimed at boosting investment, attracting industries, and creating jobs by removing restrictions on property ownership and residency.
- Impact on Society & Politics: Highly divisive, with supporters seeing it as integration, while critics view it as undermining autonomy and identity.
Legal Challenges: Challenged in the Supreme Court, with judgment awaited.
Reorganization of J&K (into UTs)
J&K Reorganization Act, 2019, bifurcated the erstwhile state into two Union Territories (UTs) – J&K (with a legislature) and Ladakh (without a legislature).
- Rationale: Improve governance, administration, security, and development.
- Implications for Governance, Administration, Security: Direct central rule (through Lieutenant Governor) in J&K UT, greater administrative control, better security coordination. Ladakh gains distinct identity.
Developmental Focus
Key initiatives for economic upliftment and infrastructure development:
- PMDP (Prime Minister's Development Package): A comprehensive package announced in 2015, focusing on road infrastructure, power, health, tourism, skill development, and employment.
- Investment Summit: Held to attract domestic and foreign investment.
- Employment Generation Schemes: Himayat (skill training for youth), UDAAN (to connect Kashmiri youth with corporate jobs).
- New Industrial Policy: Aimed at attracting industry by offering incentives.
Source: MHA, J&K Administration websites
Counter-Terrorism Operations
Adoption of a zero-tolerance policy:
- Zero-tolerance policy: Sustained, intelligence-led operations targeting active terrorists and their support networks.
- Elimination of top commanders: Focus on neutralizing leaders of LeT, JeM, HM to disrupt command structure.
- Targeting terror ecosystem: Disrupting Overground Workers (OGWs) networks, terror financing, over-ground supporters, and eliminating radicalization modules.
- Use of Technology: Enhanced surveillance (drones, CCTV), improved forensics, data analytics for intelligence.
Source: Indian Army, J&K Police data
Outreach Efforts
- Youth Engagement Programs (PM-YUVA): Promoting sports, cultural activities, and educational opportunities to channelize youth energy positively.
- Panchayat Elections: Strengthening grassroots democracy, empowering local self-governance, and encouraging participation in the political process.
- Integration Efforts: Promoting exchange programs, national events, and greater connectivity to foster a sense of belonging to the wider Indian nation.
Delimitation Process
Objectives: To redraw electoral constituencies based on population (as per 2011 census), ensuring equal representation.
Controversies: Allegations of political motives, affecting balance of power between Jammu and Kashmir regions.
Impact on Political Landscape, Future Elections: Aims to pave the way for assembly elections in J&K UT, potentially altering the political landscape and ensuring more equitable representation.
Source: Delimitation Commission reports
Major Debates and Challenges Ahead
Abrogation of Article 370 and 35A: Success or Setback?
Arguments for Success: Supporters argue it's a decisive step towards full integration, ending separatism, boosting investment, and enabling central laws to apply. They point to reduced stone-pelting and terror incidents initially.
Arguments for Setback/Concerns: Critics argue it undermined federalism, eroded constitutional promises, alienated a significant section of the population, and created a political vacuum. Concerns over human rights during lockdowns and the long-term impact on identity.
Source: SC deliberations, political commentaries, academic analysis
Balancing Security and Development
A persistent challenge is ensuring that robust counter-terrorism operations do not alienate the local population, and that development initiatives effectively address the root causes of discontent (unemployment, lack of opportunities) without being disrupted by militancy.
Return of Kashmiri Pandits
The debate on ensuring a safe and dignified return for Kashmiri Pandits remains highly sensitive. Challenges include security assurances, rehabilitation packages, and overcoming communal polarization.
Internet Shutdowns and Fundamental Rights
The legality and proportionality of long internet shutdowns in J&K have been debated in the Supreme Court, which emphasized the need for periodic review and limited duration. This highlights the tension between security needs and fundamental rights.
Source: Anuradha Bhasin vs. Union of India SC judgment
Historical/Long-term Trends & Changes
Evolution from political demands for autonomy in the early post-independence period to a violent, externally supported insurgency from 1989 onwards.
Shift from large groups to smaller, more decentralized cells, and more recently, the emergence of 'hybrid terrorists'.
Post-2019, a clear trend towards greater central control over J&K's administration and security.
Militants increasingly leveraging social media, encrypted communication, and drones. Security forces also enhancing technological capabilities.
While Pakistan continues to raise the Kashmir issue internationally, there's a growing international consensus against cross-border terrorism and in favor of bilateral resolution. FATF pressure is a key factor.
Contemporary Relevance & Impact
J&K Reorganization Act, 2019 & Delimitation
The legal framework for the UT status and the recently completed delimitation process are crucial steps towards holding assembly elections, which aims to address the political vacuum and restore democratic processes.
Targeted Killings
The alarming rise of targeted killings by hybrid terrorists against minorities (Kashmiri Pandits, migrant workers) and security personnel is a new security challenge, impacting peace and normalcy.
Source: J&K Police, MHA
G20 Tourism Working Group Meeting in Srinagar (May 2023)
India successfully hosted a G20 meeting in Srinagar, aiming to project normalcy and boost tourism/investment, despite Pakistan's objections. This is a significant step towards economic revival and changing international perception.
Source: MEA, MHA, G20 Secretariat