The Indian Occupied Kashmir Dispute: A Legal Analysis in purview of United Nations Resolutions

Abstract

Kashmir is an uncontrollable conflict between the two South Asian countries: India and Pakistan. Since 1989 the people of Kashmir have faced a massive violation of human rights committed by Indian forces. The United Nations resolutions strengthened the Kashmiri’s movement of freedom. However, it is also a reality that, somehow and somewhere, the UN had failed in the Kashmir dispute in order to give the implementation to its resolutions. The Kashmir issue is complicated but could have been resolved if the UN had taken its responsibility with true letter and spirit. Recently, the Indian government changed the status of Kashmir by the abolishment of Article 370 and 35A, and also passing a Bill in August 2019, further makes the situation more difficult in Kashmir. In this situation, it is pertinent to mention here that Indian occupied Kashmir is a disputed issue in the light of UNSC resolutions between two south Asian countries. The current research is based upon descriptive and historical methodology and the facts and results are provided as per the legal analysis of the current situation of Indian occupied Kashmir. Finally, this research concludes that India cannot solve the Kashmir dispute through revocation of Article 370 and 35A of the Indian constitution provisions about the status of Kashmir, and also not use of force; the Kashmir dispute can only be resolved according to the Resolution adopted by the United Nations Commission for India and Pakistan on 13 August 1948.

India-US space cooperation: Implications for the South Asian strategic stability

“…Two year has passed after the abrogation of Article 370 and 35A and Kashmir is still under siege (Awan, 2020). India is violating human right and making people imprisoned, killing youth and using rape as a war tactics or weapon of war against Kashmiri women (Idrees et al, 2021). International media is silent.…”

Abrogation of Article 370 and 35-A, human rights situation in Indian occupied Kashmir and response options for Pakistan

“…Two years has passed after the abrogation of Article 370 and 35A and Kashmir is still under siege (Awan, 2020). India is violating human right and making people imprisoned, killing youth and using rape as a war tactics or weapon of war against Kashmiri women (Idrees et al, 2021). International media is silent.…”