The partition of India happened on religious divide that was borne from the Two Nation Theory which said that Hindus & Muslims cannot coexist and are separate nations.
Without going into rest of history,the issue of Kashmir arose after Maharaja Hari Singh signed the instrument of succession with India with Pakistani army and the thugs it backed were at the doorstep of Srinagar. According to the rules drawn for the partition of India under which Pakistan was born, the accession of Kashmir with India was legal. Unfortunately,the Maharaja signed the document after much territory was lost namely Gilgit Baltistan and Kashmir which we collectively call Pakistan occupied Kashmir (PoK). Most people forget about Gilgit Baltistan when people mention PoK.
Ever since, Pakistan has coveted the land that remained with India. It became an excuse for it to continue its animosity with “Hindu” India and calls Kashmir its “jugular vein”.
After fighting four wars,proxy war and duplicitous approach in talks with India,Pakistan has not come any close to attaining its goal. It calls Kashmir the unfinished business of Partition which in effect means Two Nation Theory,the basis of Pakistan’s being.
Pakistan’s Army took upon the role of being the custodian of Pakistan’s being based on the Two Nation Theory. Its a compulsive India (read Hindu) hater. It has driven this into the psyche of the people of Pakistan because it has ruled that country for majority of the time. Even when outside, it controls any policy that deals with India. The Pakistan Army wrote the school texts which kept feeding the kids animosity towards India.
For India,its a clear case if legality based on the terms of Partition. India rightfully calls for the return & integration of PoK with India. In spite of being seen as a weak Prime Minister and someone who tried to push for peace with Pakistan including demilitarization of Siachen, Manmohan Singh said there could be no redrawing of India’s borders. There is just no way any Indian PM will be able to sell that to the Indian population.
So all talks with Pakistan while good to just keep in touch more than anything else will not produce any tangible result that leads to peace. Peace is not something that Pakistani Army seeks with India. If there was peace,it would be seen as a “surrender” to Hindus which strikes at the very ideology of Pakistan.
Given the facts, there cannot be any “political” or “diplomatic” solution to the Kashmir issue. Pakistan wants entire Kashmir & nothing else and India won’t under any circumstances redraw its border.
So why would India let go of what its enemy calls it its jugular vein? In fact India should and will keep its hold tight on this jugular vein of an enemy bent on keeping inimical position against India and suffocate it. The result is there to see as Pakistan in its attempts to bleed India to get its jugular veins released has hurtled towards failing as a state. It is gripped with sectarian violence promoted by the very people it propped to fight against India. The same people are looking to topple the state and establish an Islamic rule. Pakistan has bled economically. One economist said that Pakistan’s economy would have been four times its current size if it had not pursued the kind of policies it did against India.
Pakistan will continue its confrontational policy against India no matter what. For India,keeping status quo for the moment suffices till its hold on Pakistan’s jugular vein suffocates Pakistan to its death as a state.