INDIAN aggression and occupation of a major part of Jammu and Kashmir on October 27, 1947 was a blatant violation of United Nations’ Charter and International Law. Thereafter continuation of its occupation and massive human rights violations in its occupied part of the state: Indian Illegally Occupied Jammu and Kashmir (IIOJK) is a constant violation of international law, UN Charter and UN resolutions over Jammu and Kashmir. The basic provision of the international law is that: “individuals should not be arbitrarily deprived of their lives and homicide should be deterred, prevented and punished.” This is further secured and protected by ‘The Universal Declaration of Human Rights-1948’. Its article-1 emphasizes on ‘innate freedom and equality, whereas article-2, puts a ban on discrimination. Article 3 of this declaration however, very clearly states, “Everyone has the right to life, liberty and security of person.” Unfortunately, with all these safeguards and guarantees for the human beings, through various agreements, declarations and covenants, the people of IIOJK are being humiliated, discriminated, tortured and killed as if there is no law meant for their protection and safeguard.
Ever since its establishment in 1945, the United Nations Organization (UNO) has regulated and managed many regional and global conflicts. During the cold war, this international regulating body has been quite effective in ensuring global peace through forestalling many impending wars and conflicts. Kashmir and Palestine are two such issues, where this global regulating body could do nothing in practical terms. Indeed, among the contemporary global disputes, Kashmir is the longest unresolved dispute on the agenda of the United Nations. India referred the dispute to the United Nations on January 1, 1948. In response to complaints and counter complaints, the UNO asked for the ceasefire and later it passed 23 resolutions, emphasizing for the solution of this dispute. The basic criteria fixed by the UN for the resolution of the Kashmir dispute was the right of self-determination for the people of Jammu and Kashmir through a neutral mechanism of plebiscite under UN Administrator.
Unfortunately, despite accepting the UN resolutions and promises made by Lord Mountbatten, the then Indian Governor General and the first Indian Prime Minister, Pundit Jawaharlal Nehru, India is constantly obstructing the conduct of plebiscite for the last seventy-six years. In the light of UN resolutions, people of the state have been demanding their right of self-determination from the successive Indian governments. Since 1990, India has unleashed a reign of terror on the unarmed innocent Kashmiri people. There have been massive human rights violations by Indian security forces in IIOJK. In August 2019, India unilaterally and illegally annexed IIOJK into its union as two union territories. Through discriminatory laws like Jammu and Kashmir Public Safety Act (PSA) and Armed Forces Special Power Act (AFSPA) Indian security forces have been constantly killing the Kashmiris with complete impunity. Indeed, through these laws, Indian security forces were given sweeping powers of arrest and detentions, even shoot to kill with virtual immunity. As per Amnesty International, “The AFSPA violates India’s international legal obligations and several fundamental rights, including the right to life, the right to liberty and security and the right to remedy. This law has alienated people and is an impediment to achieving peace and an obstacle to justice.”
Today Kashmiris of IIOJK are spending their life in a state of total fright and insecurity from the Indian security forces. This fear is felt alike among the larger Kashmiri community as well as any single individual. Human security is the most significant aspect of international law and is an extension of the logic of the social contract of liberal school of thought and specifically covers the security of individuals and generally security of communities and societies. The right to live is explicitly sanctioned in international law, to every individual, regardless of cast, creed, faith or geographic identity. The provision of human rights and security are categorically stated both in international law and International Covenant on Civil and Political Rights (ICCPR). But the human security situation in Indian Occupied Kashmir is ironically an ignored issue by the international community.
The ICCPR clearly spells that: no one shall be arbitrarily deprived of his life. There are constant incidents of killings, torture and rapes in IIOJK by Indian Army. This all has happening despite having a global prohibition on torture even during the times of national emergencies. India is a signatory of the Universal Declaration of Human Rights (UDHR)-1948. According to Article 5 of UDHR-1948, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The factual position however is that, torture, hostage-taking, and rape has been a regular feature in IIOJK since over last three decades, after Kashmiris started mass struggle against Indian occupation of their state in 1990. Since the last seven decades, Kashmiri masses have been exploited to an extent that they became slaves in their own homeland. The forced demographic changes being made after August 2019 is aimed to change the political and demographic landscape of the state of Jammu and Kashmir.
Indeed, as per provisions of international conventions on human security and human rights, India is violating the international law and relevant covenants while being a signatory of all these pacts and treaties. UNO and other international forums should compel India for adherence to international law and restoration of the special status of IIOJK to create an environment for ultimate solution of the state as desired by its masses through Un sponsored plebiscite.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
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views expressed are writer’s own.
