Kashmir a rugged land rich in natural resources and nature’s beauty is situated in a very important geo-strategic Asian region. This nature enriched valley has always acted as a bone of contention and has kept the two neighboring south Asian countries Pakistan and India on a dangerous course of confrontation since inception. Both the countries are embroiled in territorial battle over Kashmir for more than six decades. Kashmir conflict has acted as a triggering factor and major acrimonious behind the three wars between the two rivals Pakistan and India. It paved way to fierceness and brought the two countries to the brink of a nuclear catastrophe. Since 1998 it has been described as a nuclear flashpoint. Moreover tremendous drain of resources incurred by two countries on military buildup and arm race has immensely contributed in damaging the economy badly. Hence Kashmir issue appears to be the most thorny, obdurate and intractable dispute between India and Pakistan.

History cannot be brushed away

The history cannot be brushed away. The underlying fact and circumstances that forced Muslims in sub-continent for a freedom struggle which ultimately led to partition was Quaid e Azam Mohammad Ali Jinnah’s claim that Muslims being a minority in India were unable to acquire justice and legal rights especially in judicial matters. Before the partition, a resolution was passed on 23rd March 1940 stating that there is a need for Muslims in particular as they were minority in India and their religious, socio-political and cultural rights were being snatched and they were unable to lead their lives according to their religious and ethical values. After a hardcore struggle, partition took place in 1947 on the grounds of social, cultural, religious and geographical criteria.

Almost everything got settled except for the land of Jammu & Kashmir.

At the time of independence, Maharaja Hari Singh, the last ruling Maharaja of the princely state, preferred to remain independent and stay neutral between the successor dominions of India and Pakistan because if he decided for India ,the Muslims get hurt or if he decided for Pakistan the Hindus and Sikh would be unhappy.

But when Pakistani Pashtun tribes attacked Kashmir and the Maharaja faced an uprising by Kashmiri Muslims and lost control of the western districts of his kingdom. In order to override that prevailing Maharaja appealed to the Government of India for assistance and the Governor-General Lord Mountbatten agreed on the condition that the ruler accede to India. Once the Maharaja signed the Instrument of Accession, Indian soldiers entered Kashmir and drove the Pakistani irregulars from all but a small section of the state. The Pakistani government immediately contested the accession, suggesting that it was fraudulent, that the Maharaja acted under duress and that he had no right to sign an agreement with India when the standstill agreement with Pakistan was still in force.

On January 1st 1948, the UN got involved

On 1 January 1948, India took the matter to the United Nations Security Council under Article 35 of the UN Charter and claimed that Pakistani tribesmen had attacked Jammu and Kashmir, which was their territory and requested the Security Council to prevent Pakistan from indulging into the matter. On 20 January 1948, the Security Council passed Resolution 39 establishing a three-member Commission for looking into the matter. Later on the Council increased the size of the Commission to five members and named it United Nations Security Council Resolution 47 on April 21, 1948. The Resolution recommended a three-step process for this disputed territory. In the first round, Pakistan was asked to withdraw its nationals from Kashmir region. The second step was that India was asked to lessen its forces to minimum for regulating law and order. In the third step, India was asked to appoint a plebiscite to determine whether Kashmir wants to be a part of Pakistan or India. The administrator would be nominated by the United Nations Secretary General who would conduct an impartial plebiscite. Though both India and Pakistan raised objections but welcomed mediation by the UN Commission. Subsequently, a cease-fire was achieved. However, a truce was not achieved due to disagreements over the process of demilitarization. Moreover none of the country raised this issue in the international court of justice for a verdict till date.

Presently, India and Pakistan each administer a portion of Kashmir and both claim this Himalayan territory in their entirety and integral territorial region.

It is sad to say that the turmoil in Kashmir valley is transforming into a vicious, ruthless war as the Indian force’s atrocities are creeping and enhancing day by day. If we only take a track back of 2016, then estimates say that the unrest known as Burhan aftermath remitted in death of more than ninety civilians and nearly fifteen thousand injured in the riots along with a 53 consecutive days of curfew imposed by Indian authorities. On 28 March 2017, a clash erupted between Indian security forces and protesters during an operation against a militant in Chadoora in which 3 Kashmiris were killed and at least hundred injured. The Indian security forces used live ammunition, pellets and tear gas against the locals. Around seventy protesting civilian youths were reported arrested from Srinagar, Shopiam. Recently on 9th April 2017 in a by-election for the Srinagar Lok Sabha seat, violence broke out in the region leading to 8 civilian deaths and over 170 injuries. Hence every new sunrise in Kashmir witnesses the Indian army’s devilish acts of tortures and heinous acts of brutalities.
Taking into account the multifaceted dimensions of Kashmir issue and its all-pervasive impacts on India and Pakistan.

The Diplomatic Council Commissioner for UN affairs Mr. Jamal Ahmed Qaiser consider that Kashmir issue is an obstinate and unresolved lingering core issue that has bedeviled and afflicted the two neighbor’s relations and this pending imbroglio needs to be resolved expedite. Pakistan possesses a striving economy and heavy financial budget for the boundary security and military acquisition and up gradation is enfeebling it badly. A huge military budget is being spent by both the countries to contest their rights over Kashmir. Secondly it’s an established fact that Kashmiri people don’t take active part in elections as in the last elections the turnout was only 2 percent which indicated that 98 percent people remained passive and did not vote. This is also a big sign and an indicator for India because its emerging economic market cannot escalate further if this dispute lingers on.

The Diplomatic Council Commissioner For UN Affairs,Mr. Jamal A. Qaiser contemplates that Kashmir issue is an agenda of innocent Kashmiri population whose position appears merely like a lame duck in the whole propagandistic scenario and is of the opinion that need of the hour is cessation of hostilities and conduction of free and fair plebiscite in accordance with the aspirations and consents of locals of Kashmir.

Decades of conflicts full of atrocities

Three wars between India and Pakistan and decades of conflicts full of atrocities have yielded no fruit and are reeling the region under constant political and economic instability. Local strikes, mass rallies, army surveillance and insurgency constantly menaces normal mode of life in Kashmir.

The Diplomatic Council Commissioner for UN Affairs added that these arbitrary arrests, curfews, raids, Indian security force’s check points and extra judicial executions restrict economic activities and promote extremism. Hence Mr. Jamal Ahmed Qaiser deems Kashmir resolution significant and emphasizes that it’s the prerogative and birthright of local Kashmiri people to decide their destiny and no one has the right to snatch their liberty or impose any limitation in this regard.
He emphasized that no military but a peaceful settlement of Kashmir conflict through dialogue, negotiations and mutual cooperation on bilateral level is indispensable for the economic stability and development of both India and Pakistan. A peaceful resolution of Kashmir dispute will create an atmosphere conductive to peace and harmony in the region of south Asia where millions are haunted by poverty and hunger every day. By following an amicable settlement enhanced trade linkages and social contacts would help the two countries in emerging financially influential in the world’s economic market.

4 Steps to Peace

Keeping in view the peaceful impact globally, he has proposed the following agendas:

1- That if Pakistan is supporting in or arming, training or providing logistical support to militants fighting security forces in the troubled Indian state of Kashmir, or if India is using RAW for creating violance in Pakistan, it must be stopped immediately as its against International Laws and humanity.

2- The Diplomatic Council believes that plebiscite is the only authentic and legitimized passage that can create an atmosphere conductive to durable regional harmony and economic stability. A just plebiscite leading to regional trifurcation can result in the rule of majority and free will to prevail.

Both Pakistan and India need to respect the right of self-determination of Kashmiris and give them sovereign entity. Both the countries should work in tandem, avoid sensationalism and condemn fierce acts focusing on a peaceful resolution and affable dialogue.
Plebiscite that If the Kashmiris:

(a)Wants to be a part of India
(b)Wants to be a part of Pakistan
(c)Wants to be Independent

3- International fora and world insinuations such as the United Nations should facilitate and assist dialogue and help the two rivals in patch up for the sake of regional and economic stability and human rights. The Think Tanks like the Diplomatic Council members must come forward and help in such bilateral negotiations between these two countries.

4- If both the countries fail to agree on a final settlement, then this alarming violence in Kashmir issue must be forwarded and refreshed in International Court of Justice without violating any other bilateral agreement .Both the countries must agree upon the final verdict of ICJ respectfully .As it’s a matter of 1.6 billion people on both ends who wish to see a peaceful sub-continent.

Last but not the least, Mr. Jamal A. Qaiser Diplomatic Council Commissioner for UNO Affairs wisely stated that in today’s era it’s not a matter of how much land both countries acquire, they should think on establishing peace, by conducting absolute Justice and build economic stability.