Kashmir conflict
On what legal grounds does India claim the region of Kashmir?
Pakistan
The Kashmir conflict is a territorial dispute between India and Pakistan over the Kashmir region, the most northwesterly region of South Asia. The two countries have fought at least three wars over Kashmir—the Indo-Pakistani War of 1947, 1965, 1971 and 1999—and several skirmishes over the Siachen Glacier. India claims the entire state of Jammu and Kashmir and administers approximately 45.1% of the region, including most of Jammu, the Kashmir Valley, Ladakh, and the Siachen Glacier. India's claim is contested by Pakistan, which controls approximately 38.2% of Kashmir, consisting of Azad Kashmir and the northern areas of Gilgit and Baltistan. The conflict of Kashmir has its origin in 1947, when British India was separated into the two states of Pakistan and India. As part of the partition process, both countries had agreed that the rulers of princely states would be allowed to opt for membership of either Pakistan or India, or in special cases to remain independent. India claims Kashmir on the basis of the Instrument of Accession, a legal agreement with Kashmir's leaders executed by Maharaja Hari Singh, then ruler of Kashmir, agreeing to accede the area to India. Pakistan claims Kashmir on the basis of a Muslim majority and of geography, the same principles that were applied for the creation of the two independent states. India referred the dispute to the United Nations on 1 January 1948. In a resolution in 1948, the UN asked Pakistan to remove most of its troops. A plebiscite would then be held. However, Pakistan failed to vacate the region. A ceasefire was reached in 1949 and a Line of Control was established, dividing Kashmir between the two countries. Pakistan's position is that the people of Jammu and Kashmir have the right to determine their future through impartial elections as mandated by the United Nations. India has stated that it believes that Kashmir is an integral part of India, referring to the 1972 Simla Agreement and to the fact that elections take place regularly. Certain Kashmiri independence groups believe that Kashmir should be independent of both India and Pakistan.