The
Kashmir dispute, though it appears to be predominantly a bilateral one between India and Pakistan, as is stressed by India, directly involves the international community. India itself took the dispute to the UN Security Council in 1948, where it is still registered as such and
thus remains a pending agenda till it is resolved. India presently takes the line that the signing of the Simla Agreement in 1972, between India and Pakistan, has made the earlier UN Resolutions redundant and that the issue has to be dealt with bilaterally.
The Indian argument that the Simla Agreement supports bilateralism is its interpretation of Article (ii) of the agreement,
which states: ‘That the two countries are resolved to settle differences by peaceful means mutually agreed upon between
them.’61 The factual position is that Pakistan has repeatedly stressed the need to begin the process of talks under
the UN resolutions. The said Article in no way implies that either party has agreed to give up the UN option, in fact it follows
Article (i) of the same agreement which asserts the relevance of the UN principles when it states: ‘That the principles
and purposes of the Charter of the United Nations shall govern the relations between the two countries.’
As
far as the legal position of the UN resolutions is concerned regarding unresolved conflicts, Article 103 of the UN Charter
explicitly states: ‘In the event of a conflict between the obligations of the Members of the United Nations under the
present Charter and their obligations under any other international agreement, their obligations under the present Charter
shall prevail.’ Thus, under its own provisions, the UN itself has a legal obligation to play the role of a ‘moderator’
or ‘facilitator’ in efforts for the resolution of outstanding disputes on its agenda.
India has occupied 63% of the area of Kashmir since 1947 and claims that Kashmir is an integral part of its territory. The majority Muslim population of Kashmir has rejected this Indian claim. The people of Kashmir have never reconciled
to the Indian occupation. There has been several uprisings against illegal presence of Indian troops in the state. One third
of the area of Kashmir is in control of Pakistan. During Sino-Indian war of 1962, China occupied 6472 sq. kms in the Aksai-chin region of Ladakh (north east Kashmir). In 1965, a bloody war started between India and Pakistan
which was stopped by Soviet diplomatic intervention. “Tashkent Declaration” was signed by two countries on Jan 10, 1966 which reaffirmed to solve Kashmir problem through negotiations. In the “Simla Agreement” of July, 1972, signed by Indian Prime Minister
Mrs Indira Gandhi and Pakistan president Zulfikar Ali Bhutto, the ceasefire line was renamed
as “Line of Control”. This line of control between Indian and Pakistani held Kashmir is an arbitrary and unnatural barrier as far as Kashmiris are concerned as it has not only cynically divided their
homeland but families too. Pakistan
has repeatedly challenged the Indian claim that Kashmir is Indian territory and has raised the question in several international bodies and forums. As a result
the two countries have already fought four wars over the future of Kashmir. The relations
between the two countries have been strained and are likely to remain so in future also. Any talks between the two countries
failed to bear any fruit and now both are arming themselves to the teeth on account of Kashmir. There are apprehensions of a third nuclear war if this long pending and burning issue is not solved which can have
devastating effect not only in Asia but in the whole world.
