When India and Pakistan gained independence from British rule in 1947, the various princely rulers were able to choose which state to join.
The Maharaja of Kashmir, Hari Singh, was the Hindu head of a majority Muslim state sandwiched between the two countries and could not decide. He signed an interim “standstill” agreement to maintain transport and other services with Pakistan.
In October 1947 tribesmen from Pakistan invaded Kashmir, spurred by reports of attacks on Muslims and frustrated by Hari Singh’s delaying tactics. The Maharaja asked for Indian military assistance.
India’s governor-general, Lord Mountbatten, believed peace would best be served by Kashmir’s joining India on a temporary basis, pending a vote on its ultimate status. Hari Singh signed the Instrument of Accession that month, ceding control over foreign and defence policy to India.
Indian troops took two-thirds of the territory, and Pakistan seized the northern remainder. China occupied eastern parts of the state in the 1950s.
Whether the Instrument of Accession or the entry of Indian troops came first remains a major source of dispute between India and Pakistan. India insists that Hari Singh signed first, thereby legitimising the presence of their troops. Pakistan is adamant that the Maharaja could not have signed before the troops arrived, and that he and India had therefore ignored the “standstill” agreement with Pakistan.
Pakistan demands a referendum to decide the status of Kashmir, while Delhi argues that, by voting in successive Indian state and national elections, Kashmiris have confirmed their accession to India. Pakistan cites numerous UN resolutions in favour of a UN-run referendum, while India says the Simla Agreement of 1972 binds the two countries to solve the problem on a state-to-state basis.
There has been no significant movement from these positions in decades. In addition, some Kashmiris seek a third option – independence – which neither India nor Pakistan is prepared to contemplate.
The two countries fought wars over Kashmir in 1947-48 and 1965. They formalised the original ceasefire line as the Line of Control in the Simla Agreement, but this did not prevent further clashes in 1999 on the Siachen Glacier, which is beyond the Line of Control. India and Pakistan came close to war again in 2002.
The situation was further complicated by an Islamist-led insurgency that broke out in 1989. India gave the army additional authority to end the insurgency under the controversial Armed Forces Special Powers Act (AFSPA). Despite occasional reviews of the AFSPA, it still remains in force in Indian-administered Jammu and Kashmir.