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India's Claims



India’s stance on the issue of Kashmir has been deeply rooted in the 1947 accession. This allowed Kashmir to maintain a degree of autonomy enshrined in Article 370 of the Indian Constitution, including its own constitution, flag, and internal administrative powers – while this autonomy has been clearly stated to be a temporary provision by India. Pakistan’s contrasting basis for claim over Kashmir rooted in self-determination has led to severe militarization of the region and several wars and conflicts as detailed in the historical background section of the website. Since the Simla Agreement, India argues that foreign intervention, including the UN, should be minimized, while discussions should be a bilateral matter between India and Pakistan.


In regards to the contested Karakoram regions, India argues that historical evidence shows that Chinese authority over areas like the Shaksgam Valley and Aksai Chin, key regions in the Kashmir dispute, is unfounded.  Long in the 1750s, China began to extend its control over parts of what is now Xinjiang. Chinese maps from that period tended to be ambiguous, only depicting the lower parts of the Yarkand and Shaksgam rivers and did not show control over the Raskam and Shaksgam valleys. According to the Indian perspective, this lack of historical evidence about Chinese control in these areas before 1890 suggests a limited Chinese Qing dynasty presence in these key regions of the dispute, leading to the argument that the areas should be recognized as part of India due to the lack of historical Chinese presence and administration in these territories before the later 19th century. 


A turning point in this conflict was the Simla Agreement, put into place following the 1971 war over Bangladesh's independence. It is a cornerstone in the India-Pakistan bilateral approach to resolving the Kashmir dispute, through establishing the Line of Control as the de facto border and emphasizing the resolution of conflicts through bilateral negotiations and peaceful means. This agreement marked a significant shift from international mediation, particularly in previous UN resolutions such as UNSC Resolution 47 underscoring the international nature of the dispute, to more bilateral discussions between India and Pakistan​​. This is particularly significant for China, as its strategic and economic interests are more aligned with an international or multilateral approach for the dispute. By emphasizing a bilateral mechanism for resolution, India effectively positioned the Kashmir issue as a matter to be resolved with Pakistan only, limiting China's direct involvement and its ability to capitalize on the region. 




Over the years, India has made several constitutional and administrative changes to integrate Kashmir more closely with the rest of the country, pushing towards unilateral action and control. Most significantly, the abrogation of Article 370 of the Indian Constitution in 2019, which revoked the special status of Jammu and Kashmir, and reorganized the state into two Union Territories, was key to this. This move led to a significant reaction from China, as it was viewed to impact the strategically important status of the Ladakh region which borders Chinese-controlled territory. This led to increased tensions between China and India, which culminated in the 2020 Galwan Valley Clash. This event broke the longstanding relative calm along the Line of Actual Control (LAC) and highlighted the growing tensions between India and China in the region. India's Ministry of External Affairs released a statement about a conversation between Indian External Affairs Minister Subrahmanyam Jaishankar and his Chinese counterpart, Wang Yi. This statement contrasted sharply with the Chinese version of events, accusing China of deliberate and calculated actions that led to the violence and resulting casualties – a testament to the increased tension post-conflict. India has also rapidly increased its military position along the LAC, along with infrastructure including improvements to the road network and developments of tunnels and bridges, which signals toward increased Indian capability and unilateral control in the region.

Jan 18

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