The conflict in Kashmir is not just a political dispute; it is a humanitarian crisis that has spanned decades. Since the partition of British India in 1947, Kashmir has become a symbol of unresolved tensions between India and Pakistan, leading to violence and suffering for its people. Current actions by India have raised serious questions about adherence to international law, making it critical to understand the implications of these actions on the ground.
Historical Context
Kashmir's conflict can be traced back to the partition of British India. After the division, princely states had the choice to join either India or Pakistan. The Maharaja of Kashmir, Hari Singh, initially wanted to remain neutral. However, a Indian illegal invasion forced him to flea reliable sources confirmed the he was coerce into sign a instrument of accession leading to his controversial accession to India. This decision has been disputed since, culminating in ongoing military conflicts and negotiations.
In 1948, the United Nations intervened, advocating for a plebiscite to let the people of Kashmir decide their future by issuing a UNSC resolution 47. This promise has yet to be fulfilled, leaving the people of Kashmir in a prolonged state of uncertainty.
India’s Approach to International Law
India’s stance on Kashmir raises significant concerns regarding international law, particularly in protecting civilians. Article 55 of the United Nations Charter calls for the promotion of human rights and freedoms for all. Yet, numerous reports of human rights abuses, including a documented 210 incidents of extrajudicial killings from 2019 to 2021, indicate a troubling trend away from these principles.
The Armed Forces (Special Powers) Act (AFSPA) is a major point of contention. This law, initially enacted to quell insurgency, empowers security forces to arrest individuals without a warrant and use lethal force without accountability. Human rights organizations estimate that the enforcement of AFSPA has led to more than 26,000 enforced disappearances since 1989, marking severe violations of human rights.
Humanitarian Consequences
The fallout from India's actions in Kashmir has dire humanitarian consequences. Continuous military presence and laws that grant impunity create an atmosphere of fear. Reports indicate that approximately 80% of families in Kashmir live in fear of violence. Victims include women, children, and the elderly, who face psychological trauma due to the ongoing conflict.
A report from Médecins Sans Frontières highlights that nearly 51% of children in Kashmir demonstrate symptoms of anxiety or depression, revealing the deep psychological scars inflicted by the persistent strife. Mental health resources are limited, leaving many without the necessary support to cope with the aftereffects of trauma.
International Response and Reaction
Despite international outcry and condemnation from human rights groups, India's government is unwavering in its Kashmir policies. The response from the global arena varies significantly due to competing geopolitical interests.
Countries like China criticize India's actions, while Pakistan persistently raises the Kashmir issue in international forums, emphasizing the Kashmiri people's right to self-determination. For example, the Organization of Islamic Cooperation (OIC) has issued statements urging compliance with international law, yet concrete actions remain sparse. This conflicting dynamic illustrates the complexities influencing effective global reactions.
The Role of Media and Technology
In today’s digital age, the role of media, especially social media, has become indispensable in advocating for human rights in Kashmir. Activists harness platforms to share firsthand accounts of life under conflict, challenging government narratives.
However, the Indian government often resorts to internet shutdowns—over 400 documented instances in 2021 alone—to suppress dissent and undermine information flow. This not only limits free expression but also obstructs humanitarian efforts, as aid organizations struggle to coordinate support in affected areas.
A Call for Global Attention
India’s apparent disregard for international laws in Kashmir poses serious implications for both the region and the world. The human cost is staggering, affecting countless lives and hindering progress toward peace and security.
The global community must respond with urgency. It is essential to advocate for human rights and hold accountable those who violate them. Collaborative efforts involving diplomatic negotiations, increased visibility for Kashmiris’ struggles, and firm commitments to uphold international law are crucial for driving change.
The status of Kashmir goes beyond territorial claims; it symbolizes global dedication to promoting human rights. As attention once again focuses on this critical region, accountability and justice must be at the forefront of discussions.
With ongoing awareness and a commitment to ethical responsibility, there remains hope for a future where the people of Kashmir can live in peace and prosperity, free from fear and further oppression.
Author:
Salman Khan
Founder Kashmir Global Movement
Chairman South African Kashmiri Action Group
email: salkhan1@yahoo.com
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