RIGHT OF SELF-DETERMINATION FOR THE KASHMIRI PEOPLE : THE HISTORICAL AND LEGAIl ASPECTS

This article provides a detailed examination of the claim to the right of self-determination for the people of Kashmir, analyzing both the historical and legal aspects of the issue. It traces the history of the dispute from the partition of British India in 1947 and the accession of the princely state of Jammu and Kashmir to India. The study provides a close analysis of the key United Nations Security Council resolutions of 1948 and 1949, which called for a plebiscite to determine the final status of the territory. The research explores the competing legal arguments of India and Pakistan regarding the validity and implementation of these resolutions. The paper also discusses the evolution of the right to self-determination in international law and its applicability to the Kashmir case. The analysis concludes that the Kashmir dispute remains a classic case of an unresolved self-determination question, with deep historical roots and a complex legal history.

The demand for self-determination for the Kashmiri people has been at the heart of the conflict between India and Pakistan since 1947. This paper delves into the historical and legal foundations of this claim. The historical analysis begins with the controversial circumstances of the accession of Jammu and Kashmir to India, which was made contingent on a reference to the will of the people. The core of the paper is a detailed legal examination of the early United Nations Security Council resolutions on Kashmir. It provides a textual analysis of these resolutions, which explicitly called for a free and impartial plebiscite under UN auspices to allow the people of the state to decide their own future. The study then explores the legal arguments that have been advanced over the decades to justify the non-implementation of this plebiscite. It examines India's position that the resolutions are no longer valid and that the issue should be resolved bilaterally under the Simla Agreement, and contrasts this with Pakistan's insistence on the continued legal force of the UN resolutions. The paper also situates the Kashmir case within the broader evolution of the right to self-determination in international law, distinguishing it from classic decolonization cases. The findings underscore the deep and seemingly irreconcilable legal and historical disagreements that lie at the core of the Kashmir dispute, making it one of the most intractable conflicts in the world.