THE Jammu and Kashmir dispute is primarily a political dispute, hence calls for a political solution based on the aspirations of the people of Jammu and Kashmir. Two UNCIP resolutions, dated August 13, 1948, and January 5, 1949, clearly laid down the criteria for the conduct of a plebiscite in the State for the ultimate grant of the right of self-determination to the people of Jammu and Kashmir. The right of self-determination holds a key position in the UN Charter as a foundation for every human being. The essence of the right of self-determination is that every nation and community has the right to freely decide its future as per the wishes of its masses without any discrimination, restriction and bondage. If this right is applicable to the entire international community, Kashmiris cannot and should not be made an exception and subjugated through foreign occupation indefinitely. India recognized and accepted the right of self-determination to Kashmiris as per abovementioned UNCIP resolutions yet denied its implementation for over seven decades.
The persistent Indian denial of a political solution to the Kashmir dispute created frustration and unrest among the people of Jammu and Kashmir. The frustration of Kashmiris was the result of years of Indian occupation, discrimination of Kashmiris in their own state, maltreatment of Kashmiris and denial of internal autonomy to the State, agreed through Article 370 and 35-A of the Indian Constitution. Resultantly, the people of Indian Illegally Occupied Jammu and Kashmir (IIOJK) revolted against the unlawful Indian rule and its unremitting exploitative policies in 1990. The popular slogan of ‘Azadi’ right of self-determination was the only demand of Kashmiri masses of IIOJK right from the beginning of this indigenous Kashmiri movement.
Through a brutal response to this UN mandated legal demand of Kashmiris of IIOJK, India made massive deployment of Army and paramilitary forces in entire IIOJK and started persecution of Kashmiris through various inhuman strategies. Mass arrests, torture in detention centres, custodial killings and indiscriminate firings over the peaceful Kashmiri demonstrations became the order of the day in IIOJK right from the start of 1990. As per estimates collected through various neutral sources, Indian brutal security forces have killed over 100,000 Kashmiris in IIOJK since 1990. Kashmiri leadership in IIOJK has frequently been targeted and killed either through direct attack or else while being in custody and house arrest under Indian security forces. The great Kashmir leader, Syed Ali Shah Gillani, the founding father of Kashmiris resistance movement died in September 2021 while being under house arrest for over five years.
As per records maintained by names, dates and places of occurrences, over 12,000 Kashmiri women have been subjected to rape and molestation, including gang rape and killing of women after rape. The Indian state provided blanket coverage for these inhuman acts through various laws such as the Armed Forces Special Powers Act (AFSPA), Public Safety Act (PSA), Geospatial Information Regulation Act and National Investigation Agency (NIA). These discriminatory laws granted the Indian Army and its paramilitary forces special provisions for arrest, illegal detention, torture and killing of Kashmiris with impunity. Such laws and the maltreatment of Kashmiris through the use of brutal force are internationally challengeable violations of international law, humanitarian declarations, covenants and dozens of international pacts.
While India continued massive human rights violations in IIOJK through the deployment of its over 900,000 security forces, it ended the special status of Jammu and Kashmir State illegally and unilaterally on August 5, 2019 by abrogating Article 370 and 35-A of its constitution. Besides, it also ended the statehood of the state by creating two union territories (Jammu and Kashmir and Ladakh) under the Indian Union. In order to further its agenda of consolidation of its hold over the state, New Delhi introduced new Domicile Laws for Jammu and Kashmir in April 2020 (adaptation of State laws order-2020).
Under these laws, India has issued millions of domicile certificates to non-Kashmiri Hindus from various parts of India which is a grave violation of Fourth Geneva Convention. Article 49(6) of Fourth Geneva Convention prohibits occupying power(s) to transfer its own population into the occupied territory. Indeed, this is yet another aspect, covered under the blatant human rights violation.
The unremitting account of massive human rights violations of Indian security forces in IIOJK over the last three decades has added a humanitarian dimension to the prevailing political nature of Kashmir dispute. The humanitarian dimension of the dispute needs immediate attention of the international community and United Nations Organization. On January 18, 2022, A UK based law firm filed an appeal to the London’s Metropolitan Police for the arrest of the then Indian Army Chief General Manoj and Indian Home Minister Amit Shah for undertaking massive human rights violations of Kashmiris in IIOJK. This legal appeal for the arrest of two top Indian government officials was lodged under the “Universal Jurisdiction”. Indeed, Indian Army and its paramilitary forces have been undertaking massive human rights violation in IIOJK since 1990 through; direct killings, torture, kidnapping, extrajudicial killings as well as rape and sexual violence.
With over 900,000 Indian forces deployed, IIOJK has become a war zone. Therefore, besides the political settlement of the dispute, International humanitarian law (IHL) provides solid bases to resolve the dispute on a humanitarian basis. IHL is indeed a set of rules that seek to limit the effects of armed conflict in the war zone like IIOJK. Besides UNO, IHL lays out the responsibilities of states to protect the local population from all dimensions: their basic civil rights, their freedom and security and, above all, their right to self-determination. The Kashmir dispute needs to be addressed on the basis of IHL. UN and major powers must constrain India to end its massive human rights violations in IIOJK which should also include stoppage of the demographic changes and massive human rights violations.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
