Kashmir Dispute

UN Should Intervene To Resolve It

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Mohammad Amjad Hossain :
Unsolved Kashmir issue has flared up again following Indian administration of the BJP revoked Indian Constitutional Article 370 dislodging special status to Jammu and Kashmir without consulting government in Jammu and Kashmir causing a serious political crisis in Jammu and Kashmir and Pakistan as well. Since President of India revoked Article 370 from an Indian constitution which was passed both houses of Indian Parliament on 5 August might have caused uproar in Jammu-Kashmir and Pakistan as well. Pakistan Prime Minister Mr. Imran Khan denounced the plan to divide Kashmir into federal territories violating UN resolution while Pakistan downgraded its embassy in India and stopped trading with India as well. In India itself, Congress leader Priyanka Gandhi did not approve the way BJP moved to revoke Article 370. She termed revoking the article was unconstitutional and against all the principles of democracy. Similarly, Communist Party of India (Marxist) criticized the decision of Bharatiya Janata Party to scrap Article 370 to bifurcate of Jammu and Kashmir.
It is an irony that the United Nations could not succeed to resolve dispute between Pakistan and India over disputed Kashmir since 1948 having established Line of Control and revised resolution of UN Commission on the basis of recommendations by both Pakistan and Indian government. These revised resolutions indicated the accession of State of Jammu and Kashmir to India or Pakistan should be decided through democratic method of holding a free and impartial plebiscite when UN commission found that ceasefire and truce arrangements set forth in parts 1 and 11 of the Commission’s resolution of 13 August,1948 have been carried out and arrangement for the plebiscite have been completed.
Present Secretary-General of the United Nations on 8 August is stated to have said that the Kashmir issue needed to be resolved bilaterally between India and Pakistan by peaceful means on the basis of Simla agreement in 1972 which stipulated the line of control resulting from ceasefire of December 17, 1971 shall be respected by both sides without prejudice to the recognized position of either side. In an editorial the Guardian on 11 August has spoken against arbitrary action initiated by Prime Minister Narendra Modi ignoring UN resolution on internationally recognized dispute with Pakistan over sovereign control of the Kashmir region, notably 1972 Simla agreement which stipulates that its final status must be settled by peaceful means but Foreign Secretary of the United Kingdom Dominic Rabb expressing concern around the situation and called for calm. Initially the British was responsible to create an artificial problem in South Asia sub-continent during division of India in August of 1947.
An author of several award winner Arundhati Roy and noted filmmaker of India: Sanjoy Kak, who recently produced films: Jashn-e-Azadi and until My freedom has come: The New Intifada, said on 19 September of 2010 in London that Kashmir has been densely militarized zone while around 68,000 people died, 100,000 tortured and 10,000 disappeared since 90’s when fighting turned into armed struggles. Arundhati Roy holds the opinion that Kashmir should be independent and challenged India’s claim that Kashmir was an integral part of India.
Kashmiris by themselves have, time and again, revolted against the domination by India. It may be noted that Kashmir valley was on the boil after killing of young and charismatic militant commander Burhan Muzzafar by police on 8 July of 2016. The spontaneous leaderless outbursts of anger and grief have caught everyone by surprise which replicated agitation in 2008 and 2010 defying curfew, braving bullets and taking to the streets in overwhelming numbers. Their demand was Azadi or freedom from India as published by Outlook on 15 July of 2016.
Two wars took place over the Kashmir issue. Another war is looming at large between India and Pakistan if present development revoking Article 370 of the Constitution and deployment of a massive army in Jammu and Kashmir by BJP government led by Mr. Narendra Modi, who is a follower of Hindutva, should reversed the present trend for the betterment of Kashmiris.
No amount of condemnation and resolutions will resolve the problem of Kashmiris. It is high time that United Nations should intervene between India and Pakistan by holding a plebiscite in Indian held Jammu-Kashmir and make unified State of Kashmir along with Pakistan held Azad Kashmir. Kashmiris should run affairs of the state by themselves. Both India and Pakistan should withdraw troops as well. UN action has become indispensable for peace and tranquility in the region. Enough is enough.

(Mohammad Amjad Hossain, retired diplomat and former President of Toastmaster International Club of America, writes from Virginia)

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