The right to self-determination is a fundamental principle of international law, and for the people of Kashmir, it remains an unfulfilled promise. The dispute over Kashmir, one of the longest-standing conflicts in modern history, continues to be a source of tension in South Asia. Despite multiple United Nations Security Council (UNSC) resolutions affirming the right of Kashmiris to determine their own future, India has consistently refused to implement these resolutions, delaying the self-determination process and perpetuating human suffering.
Historical Background of the Kashmir Dispute
The Kashmir conflict traces its roots to 1947 when British India was partitioned into India and Pakistan. As per the partition plan, princely states were given the option to join either country based on their geographical position and the will of their people. Kashmir, a Muslim-majority region, should have naturally become part of Pakistan. However, its Hindu ruler, Maharaja Hari Singh, under controversial circumstances, signed an Instrument of Accession with India, which led to the first Indo-Pak war. In response, then-Indian Prime Minister Jawaharlal Nehru took the issue to the UNSC, which passed several resolutions emphasizing the need for a plebiscite to determine the region’s future.
UNSC Resolutions on Kashmir
The UNSC has passed multiple resolutions on the Kashmir issue, the most significant being:
Resolution 47 (1948): This resolution called for a ceasefire and a plebiscite to allow the people of Kashmir to decide their future. India, however, has continuously refused to hold such a plebiscite.
Resolution 51 (1948), 80 (1950), and 91 (1951): These resolutions reaffirmed the need for a plebiscite and emphasized that Kashmir’s future should be determined by its people.
Resolution 122 (1957): Declared that any attempt by India to unilaterally determine Kashmir’s status was invalid and stressed the necessity of a free and fair plebiscite under UN supervision.
Despite these international commitments, India has not only refused to honor these resolutions but has also tightened its grip over Kashmir through excessive militarization and oppressive laws.
Indian Denial and Oppression in Kashmir
India has deployed nearly one million troops to control a population of nine million Kashmiris, making it one of the most militarized zones in the world. To maintain its occupation, India has given sweeping powers to security forces under draconian laws such as the Armed Forces Special Powers Act (AFSPA) and the Public Safety Act (PSA). These laws allow Indian forces to kill, injure, detain, and arrest any Kashmiri without reason or accountability.
Indian security forces have committed widespread human rights abuses, including extrajudicial killings, enforced disappearances, and the destruction of homes and businesses. They have used excessive force, including pellet guns that have blinded and maimed thousands of innocent Kashmiris, including children. Sexual violence has been weaponized to humiliate and subdue the population, with reports of rape and other forms of abuse by Indian forces.
Demographic Engineering: A Systematic Plan
In a blatant violation of international law, India has initiated demographic changes in Kashmir to alter its Muslim-majority character. The revocation of Article 370 in 2019 removed the region’s special status, allowing non-Kashmiris to settle in the area. This move aims to change the region’s demography in favor of a Hindu-majority population, thus diluting the Kashmiri identity and permanently altering the political landscape.
The Psychological Toll on Kashmiris
Decades of oppression, curfews, and brutal crackdowns have taken a severe psychological toll on the people of Kashmir. The constant fear of violence, arbitrary detentions, and disappearances have led to widespread mental health issues. Entire generations have grown up under the shadow of guns, leading to mass trauma and psychological disorders among Kashmiris.
The Path Forward: A Call for Justice
The international community has a moral and legal responsibility to address the Kashmir issue by UNSC resolutions. Global organizations, including the United Nations, human rights bodies, and influential nations, must press India to end its illegal occupation and hold a free and fair plebiscite. Until then, peace in South Asia will remain a distant dream, and the Kashmiri people will continue their struggle for justice and freedom.
The right to self-determination is a fundamental human right, and for the people of Kashmir, it is a promise that must be fulfilled. The world cannot afford to turn a blind eye to their suffering any longer. Justice delayed is justice denied.
Lesson for India
For over seven decades, India has employed widespread atrocities, brutalities, and excessive military force in an attempt to suppress the people of Kashmir. Despite its relentless efforts, it has failed to alter their aspirations or break their spirit. The resilience of the Kashmiri people remains unshaken, and their demand for self-determination continues to persist.
It is imperative for Indian policymakers to adopt a rational and pragmatic approach, moving away from oppressive tactics that have only deepened resentment and prolonged the conflict. A just and lasting resolution can only be achieved through acknowledging the Kashmiri people’s right to self-determination. The sooner India realizes this and facilitates a peaceful resolution, the better it will be—not only for Kashmir but for regional stability and India’s own future.