Microsoft Word - APE-V5N2-p1 Advances in Politics and Economics ISSN 2576-1382 (Print) ISSN 2576-1390 (Online) Vol. 5, No. 2, 2022 www.scholink.org/ojs/index.php/ape 1 Original Paper Taliban Rule in Afghanistan—Impact on India-Afghanistan Relations Aafreen Manzoor1* 1Law Student, Central University of Kashmir, Department of Law, Ganderbal, India Received: January 12, 2022 Accepted: February 2, 2022 Online Published: February 16, 2022 doi:10.22158/ape.v5n2p1 URL: http://dx.doi.org/10.22158/ape.v5n2p1 Abstract This paper emphasizes on the Taliban rule with its impact on the relationship between India and Afghanistan. This paper is based on the empirical study already provided by the professed researchers. This paper tries to make an understanding to the general public with regard to the Taliban rule, its historical perspective and the steps taken by the Indian government for furtherance of the relationship between the two nations. The current study was based on pre articulated policies and programmes conducted for the understanding of the relationship between India and Afghanistan. Therefore, the study was entirely based on secondary data. The secondary data pertaining to the Taliban rule in Afghanistan with the impact on India- Afghanistan relations has been collected from various published books, journals, dissertations and Internet. The data was analysed and modified for deriving meaningful conclusion regarding the impact on India -Afghanistan relations due to the Taliban rule in Afghanistan. Keywords India, Afghanistan, Trade, Taliban, Relationship 1. Introduction The term “Taliban” is emanated in Arabic. Its singular form, is Talib, which implies “seeker”, constructed the plural form Taliban, “the seekers.” In 1855, A Mutual Agreement Treaty commonly known for the Peshawar Treaty has been signed by Kabul and Indian Government. Earlier, after the downfall of Taliban’s administration, Indian officers toured Afghanistan in order to furnish an assertion that India will play a considerable part in the establishment of Afghanistan’s rehabilitation process. Due to the geographical proximity, India is maintaining good relations with Afghanistan. With the cultural linkage, India is obligated to provide the aid in the reconciliation process of Afghanistan. In Tokyo Meeting 2002, India approved to furnish support to Afghanistan. Afghanistan’s admission to SAARC www.scholink.org/ojs/index.php/ape Advances in Politics and Economics Vol. 5, No. 2, 2022 2 Published by SCHOLINK INC. was sustained by India. India and Afghanistan had inked trade agreements to improve bilateral trade relations between the two countries. India has partaken in Afghanistan’s growth through various middles. Afghan’s peace process is one of the most crucial facets of India’s interest with Afghanistan. 2. Historical Perspective of the Taliban Era In September 1996, Taliban occupied the control over Kabul and took satisfaction in 70% control over Afghanistan. In the next two years, other territories of Afghanistan were also achieved by the Taliban. It enjoyed the support from the Pushtun population. Taliban were not able to enjoy full sovereign powers over the non-pushtun population. In the end, it was the near special and political coalition between Taliban chief Mullah Mohammed Omar and the Islamist terrorist Osama bin Laden that gave rise to the six-year Taliban era to a very abrupt end in November 2001. In 2020, Taliban gained the control over the territory of Afghanistan ending the prolong war. Taliban’s intend to change the Afghanistan into the Islamic Emirates of Afghanistan (IEA). They extended their control over the civil and military administration in the country. Taliban were successful in adopting the Islamic principle of governing, the Islamic Khelafat. They attempted to establish a legal and judicial system based out of this notion. From this stand, the Taliban attempted to control Afghan society by implementing their rule as the legal government of the nation. Such an undertaking by the Taliban administrators made them muster their actions. 3. India-Afghanistan Relations India has a cordial connection with Afghanistan. In 2015, Afghanistan attained the membership of World Trade Organization (WTO). Further, the relationship between two countries provides an ideal alliance for the bilateral relations. This alliance ensures stability and the prospective of it’s economic growth. India and Afghanistan share the historical and cultural linkage. Pertaining to the historical links and trades between the culture, both share a detrimental relationship. In October 2011, both the Countries signed the Strategic Partnership Agreement, which further enhanced its relationship. It provides for the rebuild of Afghanistan by providing infrastructural assistance, educational assistance, encouraging investment, and supporting the process of peace and reconciliation. Due to the historical linkages, India has been a trading partner of Afghanistan and is the largest market for its commodities in South Asia. Almost 1.5 Billion US$ has been the total bilateral trade between the two countries in the year 2019-2020. India is one of the financial aid granter of Afghanistan and holds an existential position in Afghanistan’s trade network. But the trade relationship of these two countries has received a threat back after the arrival of the Taliban in the war-ravaged region. Afghanistan assists as a crucial market for Indian products, like tea, cement, pharmaceutical commodities and other construction entities. In return, India provides a favorable market for Afghan products especially dry fruits. India has deeply engrossed in Afghanistan’s trade and due to this, India will infuse in it’s restoration system. India needs www.scholink.org/ojs/index.php/ape Advances in Politics and Economics Vol. 5, No. 2, 2022 3 Published by SCHOLINK INC. an apparent perspective on the economic standpoints of both the countries. In order to achieve it’s economic, strategic and security objectives, India aids in the reconstruction process of Afghanistan. India pertains to a soft power strategy in it’s ties with Afghanistan due to multiple factors and explanations. India wants to attain access in energy rich Central Asian nations and seeks to represent itself as an influence over the region as a potential player. The circumstances in Afghanistan has been shifting on a day-to-day basis. Many countries are attempting to cope up with the nation and solidify their interests. India as competently has been trying to ponder it’s policy towards Afghanistan to secure their interests and by not losing it’s strategic gains it has achieved and contributed so far. India has to confront numerous challenges in it’s prospect towards Afghanistan in the near future. Sher Mohammed Abbas Stanekzai, Taliban leader stated, “We give due importance to our political, economic and trade ties with India and we want these ties to continue. We are looking forward to working with India in this regard.” He further said, “India is very important for this subcontinent. We want to continue our cultural, economic and trade ties with India like in the past.”This is the first time Taliban speaks on their relationship with India. For India, Afghanistan is the prominent partner in the neighborhood to bulge its power stature. Earlier, Manmohan Singh in his tenure as a Prime Minister stated, “India will always stand by the people of Afghanistan”. 4. Post Taliban Effects Between 1996 and 2001, a defiance movement against the Taliban comprising regional warlords in Afghanistan was supported by India, Iran and Russia. In 2021, there is no such arrangement yet. S. Jaishankar, India’s External Affairs Minister on September 2020 exhibited India’s interest in extending it’s affairs towards the Taliban government established after the verge of the conflict. It is for the first time India has showed interest by participating in the Intra-Afghan peace talks via video call in Doha. This is the first time high rank officials of India share an event with Taliban. Around then, Indian officials began a chain of transmission with Taliban for the development of trade relations between them. India with some other nine countries will seize another interaction with the Taliban’s in the Moscow Talks. This is the second time when Indian High Officials will be interacting with Taliban’s. The objective of the summit will be outgrowth of the political crisis in Afghanistan. NSA AjitDoval has brought out three statements while chairing the Third Regional Security Dialogue in New Delhi: 1) India wishes to continue as a significant and committed player in the future of Afghanistan. 2) The reasonable remedy to the situation is the consensus of the Afghanistan’s extended neighborhood including Russia. 3) The Afghan humanitarian crisis should be the out most outmost and further political disparities must be set aside. With the “normalization” of ties with the Taliban regime growing, New Delhi must now evaluate how www.scholink.org/ojs/index.php/ape Advances in Politics and Economics Vol. 5, No. 2, 2022 4 Published by SCHOLINK INC. far it wishes to go in its engagement with Afghanistan. India and Afghanistan must adopt specific strategies that will expand the relationship between two distinct countries. Afghanistan has to enhance its market of nuts, fruits, spices and saffron in India. Special productive methods and strategic planning is obliged by both the nations. Taking in view the geographical advantage, Afghanistan must export more and should intensify and diversify its export with other nations as well. Political and diplomatic channels must be established between these two border sharing countries. The communion between two regions shapes the stability and confrontation crisis in Afghanistan. For the betterment of Afghanistan, extraneous environment must be constructive towards its transformation. India is ensuring steps for furthering its interests in Afghanistan. 5. Women in Afghanistan Many women did not reside at their households, voiceless and terrified; they combated the distress the Taliban had plopped on their lives and contradicted their exclusion from community and the career pressure. Dr. Fariyal Ross-Sheriff illustrates in her research how Afghan women partook to the survival of their families. Women not only had to watch over for themselves, they also worried for their spouses and sons who were under the persistent threat of being strongly deployed by the Taliban as warriors. Women exploited a significant position in protecting their male kin from Taliban soldiers and many served all ways of chores in their spot of exile to assist their (extended) households. Women also bestowed on a decision-making point and strengthened connection with other family members and partners of the household to optimize survival achievements. Ross-Sheriff’s study indicates women were not entirely victims of Taliban rule but frequently splashed key-roles in the survival of their families. Author Gayle Lemmon demonstrates how women tried to procure a living under Taliban regimes. Staved off from functioning in the public realm, one woman, Kamila Sidiqqi, commenced a dressmaking business from within her house, that grew out into an employment that employed over a hundred local women from the neighborhood. The Taliban’s retrieval to authority in Afghanistan is a worrying indication for the rights of children, girls and women, as well as for their fortune. The UN has asserted that women’s rights will be a “red line” that the Taliban government must not traverse (20 minutes, 2021). Every day, thousands of people strive to run out by air or through neighboring countries. 6. The Status of the Taliban Administration: It is clear that the Taliban effectively controls Afghanistan. The retired government’s military opposition in the Panjshir valley was swiftly quelled. The Islamic State-Khorasan Province (ISIL-K) rebellion has accumulated, but does not previously question the convincingness of the Taliban’s administration as a whole-just as the Ghani administration was still the regime of Afghanistan despite an ample further destabilising Taliban mutiny. The breakdown of the Afghan frugality, and soaring violation, are not however at such statuses as to symbolize the disintegrate of the Taliban government, www.scholink.org/ojs/index.php/ape Advances in Politics and Economics Vol. 5, No. 2, 2022 5 Published by SCHOLINK INC. although it is yet early days. Contrary in the Namibia case, the UNSC has not expected non-recognition of the Taliban since it arrived to power, but to the opposite has envisaged a footpath to eventual recognition. On 30 August 2021, the UNSC called on “all parties to seek an inclusive, negotiated political settlement, with the full, equal and meaningful participation of women, that responds to the desire of Afghans to sustain and build on Afghanistan’s gains over the last twenty years in adherence to the rule of law, and underlines that all parties must respect their obligations”. In principle, as the de facto government, the Taliban would be qualified to practice the counter-terrorism rights and obligations of the state of Afghanistan, encompassing to: ascertain and practice criminal jurisdiction, extradite or prosecute criminals, and punish convicted persons; suggestion or furnish common legal assistance, and request extradition from different governments; strengthen border protection; freeze and seize terrorist financing (as through Afghan government or private banks and the hawala sector); prevent and suppress terrorist acts through law enforcement (comprising cross-border data sharing and supplementary cooperation); suppress preparatory acts such as recruitment, training, foreign soldiers and the allowance of extensions to terrorists, and provocation. The Taliban would also be obliged to implement UNSC economic sanctions against documented individuals and beings from the Taliban itself (involving elder partners of its own government), al-Qaeda, and ISIL-K. In fulfilling its counter-terrorism commitments, a Taliban government must capitulate with its commitments under international human rights law and international humanitarian law. Indeed the UN Secretary-General has ordered for “adherence to the international commitments of Afghanistan, encompassing all international treaties to which it is a party”. Even as a de facto, unrecognized government, the Taliban is cared for as a state organ for the motive of the law of state responsibility. Thus, its administration is accountable for any violations of Afghanistan’s obligations, and has a responsibility to stop infringements and make reparation. As a prosperous insurgency, it is additionally responsible for its own preceding infringements as an insurgent organization, that is, before it became the regime. 7. Conclusion India has a cordial relationship with Afghanistan due to its historical, cultural and geographical linkage. India is a super power nation and prefers to retain its position in the South Asia as such. Taliban amassed a downfall in 2001 and in 2020 retained its position back in Afghanistan. India holds a very important position for the reconciliation process of Afghanistan. India prefers to proceed with its relations with the new formed government under the Taliban Rule. In order to further its interest at the International level, India maintains to continue its support to the Afghan led government. www.scholink.org/ojs/index.php/ape Advances in Politics and Economics Vol. 5, No. 2, 2022 6 Published by SCHOLINK INC. References Abdul, B. (2021). Why did India open a back channel to the Taliban. Retrieved December 01, 2021, from https://www.aljazeera.com/amp/opinions/2021/7/7/why-did-india-open-a-backchannel-to-the-talib an Adrian, L. (2021). Afghan Children’s Rights under serious threat under the Taliban Regime. Retrieved December 30, 2021, from https://www.humanium.org/en/afghan-childrens-rights-under-serious-threat-under-the-taliban-regi me/ Ben, S. (2021). Recognition and the Taliban’s International Legal Status (ICCT, 15 December 2021). Retrieved December 28, 2021, from https://icct.nl/publication/recognition-talibans-international-legal-status/ Elizabeth, R. (2021). Afghanistan: A new Pandora’s box opens for India (Live Mint, 20 August 2021). Retrieved December 01, 2021, from https://www.livemint.com/news/world/the-afghan-quagmire-and-its-ripples-in-india/amp-1162939 0912697.html. F. Ross-Sheriff (2006). Afghan women in exile and repatriation, passive victims or social actors? Journal of Women and Social Work, 21(2), 206-219. https://doi.org/10.1177/0886109905285782 Ghulam, M., & Mohammad, A. (2018). Indo-Afghanistan Relations: Challenges for Pakistan. Journal of Politics and International Studies, 4(2), 59-69, 61. India Afghanistan Relations. (2021). Embassy of India, Kabul Afghanistan. Retrieved December 01, 2021, from https://eoi.gov.in/kabul/?0354?000 Nayanima, B. (2021). How Afghanistan’s neighbours plan to deal with it-India to figure out at Moscow talks today. Retrieved December 01, 2021, from https://theprint.in/diplomacy/how-afghanistans-neighbours-plan-to-deal-with-it-india-to-figure-out -at-moscow-talks-today/753357/ Neamatollah, N. (2002). The rise of the Taliban in Afghanistan, 119. https://doi.org/10.1007/978-0-312-29910-1 Pradeep, R. T. (n.d.). India’s role in the reconstruction of Afghanistan: Challenges and Prospects, 7-10. Rahul, N. C. (2021). How the Taliban is affecting India’s trade with Afghanistan. Retrieved December 01, 2021, from https://www.policyforum.net/how-the-taliban-is-affecting-indias-trade-with-afghanistan/amp/ Rohullah, A., Sudhakar, D., & Pawan, K. S. (2015). India and Afghanistan: An Overview of their Economic Relations. Agro Economist-An International Journal, 2, 19-27. Seran, De L. (n.d.). Afghan Women and the Taliban: An Exploratory Assessment. iCCT Policy Brief, 9. https://doi.org/10.5958/2394-8159.2015.00015.8 Shaista, W., & Barry, Y. (2007). A Brief History of Afghanistan, 212. www.scholink.org/ojs/index.php/ape Advances in Politics and Economics Vol. 5, No. 2, 2022 7 Published by SCHOLINK INC. Sharifullah, A., Mohammad, Y. Z., & Shahidullah, S. (n.d.). Role of India in the peace process of Afghanistan. North American Academic Research, 4(6), 18-29. Tzemach Lemmon, G. (2011). The Dressmaker of KhairKhana. New York: Harper Collins Publishers. Undefined role: On India Afghanistan bilateral relations. (2021). The Hindu. Retrieved December 01, 2021, from https://www.thehindu.com/opinion/editorial/undefined-role-on-india-afghanistan-bilateral-relation s/article37445833.ece/amp/ Want good India- Afghanistan relations, says Taliban. (2021). Hindustan Times. Retrieved December 01, 2021, from https://www.hindustantimes.com/india-news/want-good-india-afghanistan-relations-says-taliban-l eader-101630260163407-amp.html Yow, P. R. (2013). India-Afghanistan Strategic Partnership: An Analysis of India, Afghanistan and Pakistan Perspectives. International Journal of Scientific and Research Publications, 3(4), 3. Zuhra, Z, & Mohammad, E. N. (2021). Export Performance of Afghanistan-India Merchandise Trade: An Economic Evaluation. Kardan Journal of Economics and Management Sciences, 4(2), 46-60, 57. https://doi.org/10.31841/KJEMS.2021.3