Kashmir: solved yet unresolved

0
63

Kashmir is an exceptional and outstanding dispute. Exceptional as its solution has already been found decades ago by the United Nations; and outstanding as differences between the parties are yet to be resolved. The story is short. India took the matter to United Nations which unambiguously suggested the solution and surprisingly all the parties to the dispute agreed upon it. The only difficulty that remained was the lack of willingness and indolent demeanor of United Nations in implementing the deliberated solution it found decades ago. Common understanding suggests that since the resolution on Kashmir were under chapter six of the charter, thus United Nations could not force the parties in dispute towards implementation of the resolution. However, this lack of willingness is also connected to the weak standing of this global union which remains dependent on few countries that sponsor and steer organization’s policies.
India is definitely to be blamed for genocide purposefully conducted to suppress freedom movement during the last seven decades but India was not the first country to violate the human rights of Kashmiris. History of oppression and denial of freedom to Kashmiris is deep-rooted in time not seven but seventeen decades ago i.e. a century before the bitterness of partition was tasted.
On 16th of March 1846 the territory of Jammu and Kashmir along with several hundred thousand Kashmiris were literally sold for a meagre sum of 7.5 Million Nanak Shahi Rupees by the cultured and civilized British to Dogra Maharaja of Kashmir. The deal noted as “Treaty of Amritsar” was one of the worst transgressions of human rights in the history where the seller sold the lives, freedom, hope, aspirations and the inalienable rights of 2.5 million people without their consent. Sadly, it was not the only time the civilized British struck such odious deal. In 1935 the area of Gilgit and Baltistan (Wazarat of Kashmir) was again leased by the Maharaja of Kashmir to the British for a period of 12 years. However, after the declaration of 3rd June partition plan, the Wazarat was again recovered by Dogra Maharaja from the British. Thus the blood of Kashmiris is not on the hands of India alone but also visible on the cuff of the British who left this infectious wound festering for decades to come.
Since then, United Nation has been passively deliberating upon the issue and despite suggesting a final viable solution, the parties have been deviating from their stance and position. India agreed to hold plebiscite but diverged from its stance contending that pursuant to Accession Instrument, Kashmir has become integral part of India. In fact the instrument of accession of Kashmir was as legally loathsome as the Treaty of Amritsar. India started to deny the disputed status and contested against Pakistan’s presence in the territory terming it as violation of India’s sovereignty. Pakistan entered into the Karachi Agreement in April 1951 where affairs of 28,000 square miles comprising Gilgit and Shumali Wazarat were given under Pakistan’s control. There was no body to speak on behalf of the unaware people of these Wazarats. Pakistan abrogated the State Subject Rule in Gilgit Baltistan and introduced a series of Legal Frame Work Orders and governance ordinances. Pakistan also signed a questionable border agreement with China in 1962. India blamed Pakistan that the later has failed to withdraw troops from areas under its control while on the other Pakistan could not afforded to do so since India could not guarantee the same.
India stood rigid while United Nations heard Pakistan’s arguments with deaf ears. Thus the voice raised by Pakistan advocating right of self-determination for the people of Kashmir went unheard and unattended. The result was birth of an armed struggle which continues till this date while United Nations did not, or better say, could not do much with regards to Kashmiris.