Introduction
Pursuant to the recent escalation of terroristic activities within the territorial confines of the Union Territory of Jammu and Kashmir, it is imperative to acknowledge that this surge is not a mere fortuity, but rather a manifestation of a larger and more ominous underlying phenomenon. Subsequent to the abrogation of Article 370 of the Constitution of India and the concomitant crackdown on overground workers (OGWs), the region of Kashmir has witnessed an unprecedented period of stability and tranquillity. However, the epicentre of these terror-related activities has now shifted to the Jammu region, particularly in the areas of Rajouri, Poonch, Reasi, Kathua, Doda, and Udhampur, which hitherto enjoyed a relatively peaceful existence.It is a well-established fact that the relations between India and Pakistan have been fraught with turbulence and volatility. Notwithstanding, in recent times, Pakistan has been grappling with a plethora of economic adversities, including but not limited to a burgeoning debt crisis, soaring inflation rates, and rampant unemployment, compounded by persistent political instability. The re-election of the incumbent National Democratic Alliance (NDA) government for an unprecedented third consecutive term in the 2024 Lok Sabha elections has undoubtedly dealt a severe blow to Pakistan’s aspirations.The heinous attack on Reasi on the 9th day of June in the year 2024, which resulted in the tragic loss of nine innocent civilian lives and inflicted grievous injuries upon numerous others, coincided with the swearing-in ceremony of the newly constituted Union Cabinet ministers. This despicable act of violence is by no means an isolated incident but rather a clarion call to fortify security measures and undertake targeted efforts to eradicate terrorist organizations, for it is the innocent men, women, and children who are invariably exploited as sacrificial pawns to further misguided political agendas.
The Pakistan- China Geo-Political Nexus
In pursuance of its ambition to maintain a formidable sphere of influence and strategic depth within the region, China has forged an alliance with its self-proclaimed “all-weather ally,” Pakistan. This strategic partnership has manifested itself in a multitude of ways, most notably through China’s substantial investment of $60 billion in the China-Pakistan Economic Corridor (CPEC) infrastructure project, a venture that traverses through the territory of Pakistan-occupied Kashmir (PoK), a region over which India has consistently and vehemently asserted its legitimate claims and territorial sovereignty.Moreover, this insidious alliance has extended to the realm of global governance, wherein both China and Pakistan have steadfastly opposed India’s aspiration to secure a permanent seat on the United Nations Security Council, thereby seeking to undermine India’s global stature and influence. Compounding this issue, during the 2020 standoff along the Line of Actual Control (LAC), Indian troops were strategically redeployed from the state of Jammu & Kashmir to the Galwan border region, a move that was likely intended to bolster India’s defensive posture against the perceived Chinese aggression.Notwithstanding these overt challenges, India hosted both the prestigious G20 Summit and the Shanghai Cooperation Organization (SCO) Summit in the year 2023. However, it is pertinent to note that China’s involvement in Pakistan’s proxy war against India was a deliberate attempt to divert India’s attention and undermine its efforts to resolve the long-standing boundary dispute along the LAC.Further exacerbating the already precarious security situation is the undeniable fact that Pakistan’s intelligence agency, the Inter-Services Intelligence (ISI), and the terrorist organizations it actively sponsors, such as Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM), enjoy safe havens within India’s territorial boundaries. Alarmingly, China has consistently shielded Pakistan from United Nations sanctions targeting these proscribed terrorist organizations, thereby enabling their continued existence and operations.In light of these grave and multifaceted threats to India’s national security and territorial integrity, it has become imperative for the India to adopt a strict policy of zero tolerance towards any and all acts of terrorism or aggression. The recent onslaught of terror attacks necessitates the implementation of robust counter-measures, albeit as a short-term solution to a problem that demands a comprehensive and enduring resolution.It is a matter of profound concern that a substantial portion of India’s resources, which could have been directed towards the pursuit of human development, education, healthcare, and infrastructure, are instead diverted towards defense measures and peacekeeping operations, solely to uphold the inviolability of our nation’s sovereignty. This diversion of resources is a direct consequence of the misguided and belligerent policies pursued by our neighbouring nations, who seem determined to inflict a proverbial “death by a thousand cuts” upon India, rather than wisely addressing the myriad issues plaguing their own territories.
Jammu As The Epi- Centre
The resurgence of previously utilized infiltration routes by hostile non-state actors, coupled with the diminished deployment of security forces within the specified geographical region, has facilitated the ingress of terrorist operatives. Compounding this precarious situation is the degradation of human and technical intelligence-gathering mechanisms, which have hitherto served as a bulwark against such activities. The cumulative effect of these factors has precipitated a marked shift in the locus of terrorist incidents from the territory of Kashmir to the region of Jammu post the abrogation of article 370, rendering the latter exceedingly susceptible to acts of violence and disruption perpetrated by unlawful elements. The attack on the pilgrim bus in Reasi killed 9 and injured 42, the death of a CRPF jawan in Kathua, 7 security personnel were injured at the attack on Army’s Temporary operating Base in Doda and 1 Special Operations Group (SOG) jawan was injured by terrorists at Kishtwar.It is imperative to acknowledge that the technical intelligence network operating within the territorial confines of the Jammu region is currently inadequate and underdeveloped, thereby creating a critical lacuna in the dissemination of pertinent intelligence pertaining to the movements and activities of proscribed terrorist organizations. This deficiency in intelligence gathering and analysis has rendered the security apparatus ill-equipped to anticipate and effectively counter unlawful elements, thereby increasing the vulnerability of the region to acts of violence and disruption. Compounding this issue is the dearth of reliable human intelligence sources such as informants, who could potentially provide insights into the operations of these terrorist outfits. The absence of a robust network of informants has further exacerbated the intelligence deficit, leaving the security forces at a distinct disadvantage in their efforts to pre-empt and neutralize potential threats.In light of these grave concerns, it has become imperative to prioritize the development and enhancement of a comprehensive intelligence apparatus within the Jammu region. This endeavour must encompass the creation of a robust network of informants, capable of providing actionable intelligence on the ground, as well as the augmentation of technical intelligence-gathering capabilities through the deployment of state-of-the-art surveillance and monitoring technologies.However, it is crucial to underscore that these measures must be implemented judiciously, striking a delicate balance between ensuring the security and territorial integrity of the nation, and safeguarding the fundamental rights and liberties of the civilian population. Any proposed enhancement of security measures must be carefully calibrated to avoid undue infringement upon the daily lives of law-abiding citizens.Moreover, it is imperative to recognize that the challenges faced in the Jammu region are inextricably linked to the broader security dynamics along the Line of Actual Control (LAC) and the ongoing border disputes with our neighbouring nations. Consequently, any strategy aimed at bolstering security in Jammu must be seamlessly integrated with the overarching national security objectives, ensuring that the allocation of resources and deployment of forces does not compromise India’s defensive posture or readiness along the sensitive border regions.
Armed Forces (Special Powers)Act, 1958and the role of international organisations
Pursuant to the outbreak of insurgency and civil unrest that engulfed the region of Jammu and Kashmir in the year 1990, the Armed Forces (Special Powers) Act (AFSPA) was implemented, thereby granting extraordinary powers to the armed forces to aid in combating the insurgency and upholding the unity and territorial integrity of India, while simultaneously safeguarding the lives and liberties of its citizens. However, it is imperative to acknowledge that amidst the protracted conflict between India and Pakistan, it is the people of Jammu and Kashmir who have borne the brunt of the suffering and deprivation.Notwithstanding the multiple concerns raised regarding the continued existence of AFSPA in Jammu and Kashmir, and the ensuing discourse on the potential lifting of army rule, any such decision must be meticulously calibrated and implemented with the utmost caution. It is a well-established fact that Jammu and Kashmir remains a highly volatile and sensitive region, wherein Pakistan’s relentless efforts to influence and manipulate the local population constitute a grave and persistent threat to national security.In this context, international organizations such as the United Nations, human rights organizations, and regional cooperation forums can play a pivotal role in facilitating dialogue, mediation, and confidence-building measures between India and Pakistan, thereby fostering an environment conducive to the peaceful resolution of their long-standing dispute over Kashmir. These international bodies can deploy monitoring missions to assess the situation on the ground, propose measures to reduce military tensions and promote cross-border cooperation, provide platforms for multilateral diplomacy, and exert pressure on both parties to ensure accountability for human rights violations.However, the imposition of sanctions on Pakistan for its alleged involvement in fuelling the insurgency in Kashmir would necessitate a stringent legal process, adhering to the principles and frameworks of international law. Concrete, verifiable evidence of Pakistan’s complicity in supporting and sponsoring insurgent activities would need to be presented before relevant United Nations bodies or international courts, such as the International Court of Justice (ICJ). Any sanctions imposed must be in strict compliance with the provisions of the United Nations Charter, relevant Security Council resolutions, and other applicable treaties and conventions. Furthermore, such measures must be targeted and proportional, focusing on specific individuals, entities, or sectors directly responsible for fomenting the insurgency, while ensuring that the civilian population is not adversely impacted.The effective implementation of sanctions against Pakistan would also require multilateral cooperation and coordination among various countries and international organizations, as unilateral measures may have limited impact and effectiveness. It is crucial to underscore that the imposition of sanctions is a complex and delicate matter, demanding a careful and judicious examination of legal, political, and diplomatic factors, while simultaneously exploring avenues for peaceful conflict resolution through established international mechanisms, predicated upon credible evidence and adherence to due process.
Conclusion
The escalating terror activities in Jammu and Kashmir are a manifestation of deep-rooted geopolitical tensions and longstanding grievances that have plagued the region for decades. While security measures and counter-terrorism operations are necessary to address the immediate threat, they fail to address the underlying causes of the conflict. A comprehensive and sustainable solution demands a multi-pronged approach that incorporates socio-economic development, political reforms, and diplomatic engagement.The role of external actors, such as Pakistan and China, in fuelling the insurgency through financial and logistical support to terror groups, cannot be ignored. However, a reactive approach based solely on “zero tolerance” and “robust counter-measures” is unlikely to yield lasting results. Instead, a concerted effort must be made to address the root causes that enable these external forces to exploit the situation for their own strategic gains.International organizations and human rights groups can play a crucial role in facilitating dialogue, promoting confidence-building measures, and ensuring accountability for human rights violations. Their involvement can help create an environment conducive to peaceful conflict resolution and address the legitimate grievances of the Kashmiri people.Ultimately, a balanced and nuanced approach is required, one that prioritizes the security and territorial integrity of the nation while simultaneously addressing the socio-economic and political aspirations of the people of Jammu and Kashmir. Overreliance on legal jargon and disproportionate emphasis on security measures alone will only perpetuate the cycle of violence and mistrust, further entrenching the conflict.
References
- https://press.armywarcollege.edu/cgi/viewcontent.cgi?article=2134&context=parameters
- https://www.tandfonline.com/doi/abs/10.1080/01495933.2013.821850
- https://www.tandfonline.com/doi/abs/10.1080/14736480412331307082
- http://www.jstor.org/stable/45242239?casa_token=Ytr1E3ETfK8AAAAA%3AZN3iBHQ5JQYszFkOO2FP0ykhsqRIS3XPQV4U0VjaF16bzwwjSaQ4_agOdqh8Lm33U4vucg30nCrEPONUI2scKAERr4
- https://heinonline.org/HOL/Page?handle=hein.journals/colas20&div=6&g_sent=1&casa_token=fnJH4HBUtJcAAAAA:JtJ-8ShRLHd7F9OtT7ibONoaU44DHxtBFd0LPuS0c2SsDmtHAMoHY3BHK00Od0AT6m2Z3lKKdA&collection=journals
This blog is authored by Reva, I year student of Hidayatullah National Law University, Raipur.