I feel a plebiscite would have made sense till around the early 1960s - when demographics were unchanged and military presence was substantially less. Indeed - Nehru was persuaded by Mountbatten that this was the right approach and took the matter to the UN in 1948 which resulted in Res. 47 (the one a lot of keyboard jurists quote).
Res. 47 required withdrawal of Pakistani troops from Kashmir and conducting of plebiscite under Indian civil administration (supported by only as many troops as required for law and order) under guidance of a UN nominee - in that order. Both sides accepted the resolution after some objections but Pakistan - for whatever reason (let's not get into that) chose to continue with the status quo (i.e. occupation of it's side) instead of using the momentum and withdrawing its troops - which would have almost certainly forced Nehru to conduct the plebiscite. That period 1948 to 1962 was a wasted opportunity by Pakistan because Nehru was alive, he had deep respect for the UN, he had a large reserve of political capital unlike today's politicians and the polity was not partisan.
The moral pressure on following the UN (I say moral because resolutions are not legally binding) was gone after 1971 due to the agreement by Bhutto to solve the issue bilaterally (as opposed of through the UN) - the big concession obtained in the Simla declaration. After 1989, of course the militancy in the valley put an end to any discussion though I have read that both Zia and Musharaf were close to some kind of solution before their regimes were cut short.
Today holding a plebiscite is unlikely to be politically acceptable because thanks to the changed demographics, continued presence of military forces (and resultant human rights problems - which are inevitable in any such situation where troops remain close to civilian populations) there is a reasonable chance that the result may not be for continued integration with India - as well as the extraordinary effort the Pakistan governments expends to get the upper hand in Kashmir (something that has become the cornerstone of foreign policy).
The only solution that I can think of is to make the status quo permanent and convert the LOC to an international border with some kind of commitment to not station large-scale troops for some years. I think this is a good face-saver for both governments. It is worth noting that in modern times almost no country has ever voluntarily ceded territory to another.
I hear this from a lot of Indians and some Pakistanis that status quo should be accepted as IB and try to normalize relations. While technically doable but then again that's where "humans" come in to the equation. U and I can think of many "ideal" situations but as soon as u throw humans into the mix, it would make that "ideal" situation unworkable. This is due to many factors, different perspectives, ego, everyone thinking that they are right, etc.
So yes it would be theoretically doable to have current borders as IB and normalize relations overtime to the extent where borders don't matter. It's not however doable in reality due to the following reasons:
- Kashmir is a possible reason that politicians can use on both sides(as they do) to demonize the other for gaining popularity and votes.
- both countries when they find each other at odds for their interests would try to raise it on international forum to malign the other(e.g. Pakistan telling UN that India is violating human rights in Kashmir and vice versa)
- Despite many Indians having the viewpoint(at least on PDF) that we should accept LOC as IB, the Indian government still continues to claim the whole of Kashmir and letting it go would mean(to the politicians, Modi in this case) that the government/politicians look weak. If let's say Modi announces today that lets accept status quo as IB, I bet he would be trashed left and right in the media as someone who bowed down to Pakistan etc. So he would never do that bcuz obviously he wants to be re-elected. All of this also applies to Pakistan.
- and last but not least, if this solution was workable(with humans involved), we would've already reached it bcuz pretty much since 1948 both India and Pakistan have held their respective parts of Kashmir as is. Yet we have been unable to reach that "solution". India and Pakistan would continue to lay claim to Kashmir. So based on that I'm leaning towards that it would never work. Expecting this status quo to IB solution to work is akin to as Einstein defined insanity "doing the same thing over and over and expecting different results".
Now let's look at the other solution u brought up where according to UN resolution Pakistan is supposed to pull out troops and India is supposed to keep a minimum number of troops to maintain law and order and hold a plebiscite. Below are the reasons of why that would also probably never happen.
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Pakistan doesn't trust India. In that mistrust it would never pull out troops and the rest of the proposed solution can't be done.
- India would keep citing that Pakistan is uncooperative and not pulling out troops.
- India might also cite that Pundits were kicked out and the demographics are changed.
Now let's address the first part of the above that's in bold. If one is to believe Indian media and the general mindset in India about Pakistan/Pakistanis, it seems according to them that Pakistanis are unworkable beings forever stuck in their India centric hate for some inexplicable reason. That is not so, not at all. We have another giant neighbor(China) with whom we have a great relationship. Not to mention that culturally and linguistically we share almost nothing with China while we share a lot with India. So why couldn't India/Pak relations be as good or better than Pak/China relationship?
One obvious reason of why we both started out hating each other is obviously the atrocities that happened during partition. That cannot be fixed and it is next to impossible to find out who started it and who exactly should be punished. However that's one thing that can be forgotten in time. Not forgotten as in to forget the sacrifices of those ppl but forgotten in terms of our animosity towards each other bcuz time heals all.
Next reason was Kashmir. From Pakistani perspective:
Kashmir being a Muslim majority state with a Hindu ruler acceded to India.
Junagadh being a Hindu majority state with a Muslim ruler acceded to Pakistan.
India didn't recognise Junagadh's instrument of accession, invaded and held a plebiscite. Then accepting the will of the ppl annexed it. Instrument of accession didn't matter whatsoever, yet it matters so much in case of Kashmir bcuz it goes in favor of India. Then couple that with the Indian invasion and annexation of Sikkim, Goa, Hyderabad, etc. All of this made India seemed hungry for territory. Pakistan felt threatened. This is the major reason why Pakistan will not (probably never) trust India and pull out its troops from Pak side of the Kashmir and therefore a plebiscite may never be held.
Based on everything discussed above the two solutions of status quo as IB and Pak withdraw to let India hold plebiscite, while possible in theory, would not work out in reality.
So let's look at something that might possibly work(taking into account humans on both sides with their egos and stuff).
- Since both countries claim that they have the best interest of the Kashmiri ppl at heart neither of them would be able to publicly denounce or reject the results of a plebiscite. They would pretty much be forced to accept that result, no two ways about it.
- in order to hold a plebiscite, current proposition wouldn't work due to lack of trust. It's more likely that both countries might be willing to take a more neutral approach and accept mediation of a third party. UN troops come in, both Indian and Pakistani troops withdraw. Pundits be returned. Then a plebiscite be held under UN troops(with no Indians/Pakistanis among them).
Based on the results of plebiscite...
Worst case scenario for India:
- Lose Kashmir
Worst case scenario for Pakistan
- Lose Kashmir
Gains for Pakistan
- No enemies in the neighborhood.
- Save billions in defence expenditure.
- Have no threat of nukes pointed at it
- No Indian proxies roaming about in Pakistan
Gains for India
- One less front to worry about.
- Savings in defence expenditure
- Have no nukes pointed at it
- No Pakistani proxies roaming about in India
- Be able to freely trade(without any looming threats) through Pakistan to Middle East and Central Asia.
- Possible betterment of relation with China since China wouldn't really be able to hold any Kashmir territory disputes with India bcuz India did its part by holding a plebiscite.
Gains for Kashmir/Kashmiris
- Potential freedom(if they choose that)
- No more families torn apart on both sides
- No more oppression by huge military presence as there would no longer be any need to hold them down by force bcuz they freely chose to join that country.
Now as for the human element. Let's say Modi and Nawaz Sharif agree and manage to settle Kashmir issue through UN. Nawaz doesn't look weak by pulling out troops and letting India go in. Instead it would be UN.
If Nawaz Sharif loses Kashmir to India based on the will of Kashmiris then at least he would be able to save face by saying
- this is what Kashmiris chose. Their voice is finally heard.
- Pakistan has no enemies now so peace has been achieved. Modi will be able to claim the same if Kashmir goes to Pakistan.
Granted that their image will still take a hit in comparison to chest thumping and issuing statements against the other country. However any person with a common sense and a longing for peace on both sides will see it as the mature thing to do rather than pointing nukes at each other. The only vote bank they will be losing will be the extremes on both sides(Akhand Bharat kind on ur side and Ghazwa-e-hind kind on ours)...and personally I don't think it's worth having the vote bank of those "deplorables".
If we remain stuck as we r, I can only see relations getting worse in the future. The older generations that either migrated from one side to another or had family ties on the other side are going to disappear with time. There will be an increasing divide of "us vs them", less exposure between the two sides, and therefore more of a chance to be able to demonize the other side with ease. However I'm still hopeful that one day Kashmir issue will be resolved and the subcontinent will see peace.