Will the champions of human rights and the free world step forward?
It is most unfortunate to note that the brutalities and human rights violations by the Indian security forces in occupied Kashmir since the second uprising about ten months ago have failed to stir the conscience of the world community, particularly the US and its allies who prefer to look at their relations with India through the prism of their strategic and commercial interests. The selective application of the UN charter and the universally recognised right of self-determination by the powers that be continues to encourage India to persist with her policy of using brutal force to subdue the freedom struggle of the people of Kashmir.
Even the United Nations Organisation – which has an obligation towards the people of Kashmir to facilitate a plebiscite in the occupied Kashmir (as enshrined in its resolutions on the subject) – has not made any discernible effort to have the issue resolved. The result is that the frustration of the people of Kashmir has reached to a tipping point and now even the girl students are also seen pelting stones at the Indian forces, a scenario resembling Intifada in Palestine. The human rights abuses by the Indian security forces during this uprising have been unparalleled. From using a young freedom fighter as a human shield to accusations of extra-judicial killings the Indian forces have continued their atrocities as the occupiers. Reportedly about ninety people have been brutally murdered and hundreds seriously injured since last July.
An alarming development reported recently from the occupied Kashmir is that the Indian security forces were also using Hindu extremist groups for quelling the freedom struggle of the Kashmiris. High Court Bar Association of Kashmir has raised its voice against this new development. Leaders of the Hurriyet Conference are incarcerated to prevent them from leading the freedom movement but even this ploy has failed to dampen the spirit of the people of Kashmir. It was quite evident during the recent by-elections in occupied Kashmir where reportedly the turnout of voters was only 5%.
International human rights organisations like Amnesty International have been monitoring the burgeoning situation in the valley and have documented blatant human rights violations by the Indian security forces and released their reports from time to time but the world community continues to show indifference to the plight of the subjugated people of occupied Kashmir. Some muffled voices have been heard within India and Kashmir urging the Indian government to revisit its policy. Former Chief Minister of Occupied Kashmir Farooq Abdullah has also said that there was no other way to resolve the Kashmir tangle than talking to Pakistan. Some sections of the media within India and some human rights groups have also spoken about the deteriorating situation in Kashmir urging a solution through dialogue rather than through the barrel of the gun. Reportedly the UN Human Rights Council is to take up the issue of atrocities committed within the Occupied Kashmir.
But this is not enough. The international community has to wake up to the dangers to peace and security lurking in the region. The situation in Kashmir has reached a point where the apathy of the global community could have disastrous consequences.
The Indian stance on Kashmir has no moral or legal basis. Its claim of Kashmir being an integral part of India is not only the most preposterous contention but also constitutes an affront to the world community and the UN whose 23 resolutions on the subject invariably recognise Kashmir as a disputed territory and emphasise the settlement of the question of accession of the state through a plebiscite. This assertion also makes mockery of the repeated commitments given by Nehru and Lord Mountbatten to resolve the Kashmir issue by allowing the people of Kashmir to exercise their right of self-determination. It is pertinent to point out that the UN – through its resolutions (91 and 122) – had rejected the resolution of the constituent assembly of Kashmir announcing accession of Kashmir to India, saying that the issue could not be resolved through any method other than a plebiscite held under the auspices of the UN. The other very cogent question is how can half of the Kashmiri people decide the fate of the state on behalf of the other half which was never part of the exercise stage-managed by India to circumvent the UN resolutions?. It is quite evident that the Indian stance on Kashmir has no moral and legal basis. The freedom movement in Occupied Kashmir is also a ranting testimony to the fact that the people of occupied Kashmir have not accepted the so-called accession of Kashmir to India.
The Indian claim that Kashmir was a bilateral issue between Pakistan and India was also flawed and bereft of any legal justification. The Indian make this claim in view of the Simla agreement which emphasised the need for resolution of all the disputes between the two states, including Kashmir through dialogue between the two countries, reiterating that the principles and purposes of the Charter of UN shall govern the relations between the two countries.
Notwithstanding the existence of Simla agreement Kashmir remains an international issue waiting to be resolved in conformity with the UN resolutions. Article 103 of UN Charter says: “In the event of a conflict between the obligations of the members of the UN under the present charter and their obligations under any other international agreement, their obligations under the present charter will prevail”.
What it means is that the UN resolutions on Kashmir will take precedence over all other international agreements on the same issue. So Pakistan is very much within its right to invoke UN resolutions, after having been frustrated to find solution through the bilateral arrangement.
The people of Kashmir and Pakistan have a very strong case as per the UN resolutions. Indian refusal to accept the ground realities and attempts to keep the people of Kashmir under subjugation through brutal force is neither in her own interest nor the peace and security of the region. The mounting tensions between Pakistan and India in the wake of the prevailing situation in Kashmir are a credible threat to peace and security in the region.
The international community, more so the UN and the United States must use their influence on India for the resolution of the Kashmir dispute before something happens. One hopes that the US would act in line with the statement of its envoy to UN Nikki Hale who, at a press conference replying to a question about tensions between Pakistan and India, said “The Trump administration will try and find its place to be part of efforts to de-escalate tension between India and Pakistan and President Trump may also participate in the process.”
