Line of Control: phase three

The dividing line between the two separated parts of the state of Jammu and Kashmir enters its third - and hopefully penultimate phase - leading to a mutually-acceptable resolution of the festering dispute.

The Karachi Agreement of April 1949 marked the first phase formalizing the end of the shooting war (October 1947 - January 1, 1949). The cease fire line was drawn and the United Nations Military Observers Group for India and Pakistan (UNMOGIP) was inducted to ensure the observance of cease fire on both sides of the divide.

The Shimla Agreement of July 1972 marked the second phase of the Kashmir dispute. The cease fire line was re-designated as the Line of Control (LoC). This was a sort of armistice to end the state of war on the one hand and accept, in principle, the bilateral status of the dispute 'without prejudice to the recognized positions' of the two parties to the dispute.

Significantly, under the Shimla Agreement, only territories lost or gained along the international border through the 1971 war were swapped along with the POWs. Those in the disputed state of Jammu and Kashmir were simply 'frozen' to stay like that until the final settlement.

It would be quite relevant here to point out the difference between the LoC in Jammu and Kashmir and Line of Actual Control (LoAC) between Indian and Chinese areas of control along the McMohan Line.

Whereas the LoC remains fluid, undemarcated and unsettled, the Sino-Indian LoAC relates to areas of actual control or occupation as a fait accompli short of a final settlement. In other words, unto India what is India's and unto China what is China's.

While both lines remain tentative, the element of disputability attached to the LoAC is lesser than to the LoC. The final settlement of the LoAC looks more like an act of border engineering rather than one of yet another military intervention. Resorting to military option in the case of the LoC, even if minimal, remains on the cards.

The joint Islamabad statement of February 17 by the foreign ministers of India and Pakistan ushered in the third phase of the dispute and along with that of the LoC. It said: "Both the governments have agreed to allow travel across the LoC between Srinagar and Muzaffarabad by bus. Travel will be by an entry system, once identities (of the visitors) are verified."

Quite a breakthrough even as it is, regardless of many formidable problems that may arise between the declaration of the intent and its implementation. Besides the inevitable bureaucratic reservations, the actual implementation will include such technical problems as sweeping landmines and carrying out necessary repairs to make the roads fit for safe traffic.

Above all, the question is bound to arise about the security fence which India has constructed on its side of the LoC. The very existence of the security fence, even if it does not touch the points of entry and exit, will be against the spirit of free travel and confidence-building measures.

If all goes well the emerging status of the LoC as a line of peace within an essentially 'demilitarized zone' (DMZ) should only be a matter of time. The waiver granted for travel across the LoC outside the normal passport/visa regime is, by itself, a major achievement.

It reaffirms the status of Kashmiris, on both sides of the divide, as Kashmiris rather than as citizens of India or Pakistan. What format and wordings the travel permit will call for remains to be seen.

Whether the travel facility will be available only to the bona fide residents of Azad and the Indian-administered Kashmir or to non-resident Kashmiri citizens of India and Pakistan as well remains open to question.

Should that be the case the LoC would acquire the status of a regular border wholly unacceptable to either side, especially Pakistan. Bona fide Indians and Pakistanis, even those of Kashmiri origin non-resident on either side of the divide, could cross the LoC only on production of national passports and ID cards.

Therefore, all speculations about normal travel across the LoC will be both premature and unrealistic. As for the prospect of anything close to tourism, spending weekends in Srinagar or Muzaffarabad, is concerned that must stay a distant dream until the final settlement of the dispute. -(The writer is a retired brigadier)