India's Violations of UN Resolutions and Global Inaction in IoK

India's Violations of UN Resolutions and Global Inaction in IoK

The Jammu and Kashmir dispute continues to be among the longest-standing disputes on the agenda of the United Nations (UN). Illegally Indian-occupied Jammu and Kashmir symbolize the issues of contested sovereignty and broken promises. India’s clear violation of UN resolutions in India Illegally Occupied Jammu and Kashmir (IIOJK) and the unfair treatment of the matter by International bodies has not only continued the plight of Kashmiris but also exposed the double standards of international forums.


By Eman Arshad

After the forced accession of the princely state to India, Pakistan claimed that the demand of a plebiscite should be given to the Kashmiri people to decide their future. Considering the seriousness of the crisis, the UN Security Council (UNSC) passed many resolutions, most notably Resolution 47 (1948) in which the Council specifically asked for a plebiscite to be conducted to consult Kashmiri people on their wishes. India has systematically frustrated the promises made to the international community and the people of Jammu and Kashmir.


India's actions in IIOJK violate in the clearest manner the UN resolutions on the issue that specifically calls for a plebiscite under UN supervision. On 5th August 2019, the unilateral abrogation of Articles 370 and 35A of the Indian constitution was a significant policy moment in IIOJK. Jammu and Kashmir was granted a degree of autonomy under these constitutional provisions which retained its distinct identity and allowed it to manage its internal affairs.


Through their revocation of these articles, India not only threatened the demographic and political map of the region but blatantly betrayed the UN and the Kashmiri people which it pledged to. Moreover, IIOJK has turned into one of the most heavily militarized regions in the world after the rapid buildup of the Indian military in the region. The people of IIOJK continue to report widespread human rights abuses, including extrajudicial killings, enforced disappearances, torture, custodial killings, and sexual violence. These are acts of state-sponsored repression that violate international humanitarian law and principles of the UN charter.


 After Articles 370 and 35A were abrogated, India intensified its crackdown on opposition, restricting freedom of speech, assembly, and expression. Dissent has been silenced, and Kashmir’s voice suppressed, by communication blackouts, mass arrests, and draconian laws such as the Public Safety Act (PSA) and the Unlawful Activities (Prevention) Act (UAPA).


As a result, the region has been rendered into a garrisoned prison, where basic human rights are denied regularly. In recent years, a host of international human rights organizations such as Amnesty International and Human Rights Watch have detailed the way Indian forces systemically abuse the people of IIOJK. They have included arbitrary detention, disproportionate use of excessive force, the targeting of civilians, including women and children, and atrocious ways of torture. Despite these credible reports, the international community has been turning a blind eye to the face of oppressive Indian policies.


A strong example of this double standard of global geopolitics is the lack of international action against India’s offense in IIOJK. Despite the international community’s swift response to violations of international law in other parts of the world such as Ukraine, the world has not pressed India for disrespecting international law in IIOJK. It raises a question of the credibility of international institutions and accelerates the suffering of the Kashmiri people. Major Powers, and especially those in the West, have been silent because their strategic and economic interests in India make maintaining nonintervention the better course of action. India has been able to get away with its actions in IIOJK as a rising economic power and also as a geopolitically important actor.


However, Pakistan has always raised the Kashmir issue in all international forums demanding its peaceful resolution according to the UN resolutions and the aspirations of the Kashmiri people. In 2019, the Prime Minister of Pakistan also brought up India’s illegal actions in IIOJK, informing the UN General Assembly on how these actions could affect regional stability and global peace. Besides, Pakistan has also been using its diplomatic forums to raise voices and concerns and to mobilize the Muslim world and other like-minded countries to highlight the plight of the Kashmiri people and stand against India’s violations.


As the custodian of international peace and security, the UN must take concrete steps to implement its various resolutions on Jammu and Kashmir. It should propose appointing a special delegate to Kashmir to put pressure on India to lift its repressive measures and encourage dialogue between India and Pakistan toward a just and lasting solution. The unresolved status of Jammu and Kashmir is not merely an issue between India and Pakistan, but a matter of international concern that stands against the dictates of justice, human rights, and international law.


The people of Jammu and Kashmir have suffered for too long, and it is the responsibility of the world community to ensure that the right to self-determination of the people of Jammu and Kashmir is respected and justice is served. Kashmir does not mean just a territorial dispute for Pakistan, it is a moral service the country owes to the oppressed and a guarantor of the realization of their inherent rights.


The world must understand that the Kashmir issue is immediate and is in danger of threatening regional and global peace if ignored. Until the promised accountability and justice come through, the words of promises by the UN and the principles it is based on are simply hollow words for the people of Jammu and Kashmir.


The writer is a research intern at the Kashmir Institute of International Relations (KIIR) and serves as the Agenda Setting Lead of HEAL Pakistan, an initiative dedicated to fostering humanity, education empowerment, awareness, and leadership

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