Copyright pakobserver
THE Kashmir dispute between Pakistan and India is one of the longest-running and most violent issues in the world. The dispute reflects a long-standing struggle by the Kashmiri people, which has deep historical roots, shaped by statehood claims from India. It is the oldest unresolved international conflict in the contemporary world. The dispute dates back more than eighty years, with flashpoints building from the United Nations Security Council resolutions of 1948 and the UN Plebiscite Plan, which was never implemented by India. However, despite their genuine plight and legitimate demand for the right to self-determination, Kashmiris in Indian-occupied Jammu and Kashmir continue facing Indian oppression and state-sponsored terrorism. Historically, October 27, 1947, is known as Black Day in Kashmiri history. On this date, India invaded Jammu and Kashmir, completely disregarding the Indian Independence Act and the UN Charter. India forcibly and illegally occupied Jammu and Kashmir and claimed that the Maharaja had obtained India’s military support. In fact, as per the rules of the partition of British India, the rulers of princely states were advised that states would have to seek accession to either one of the two dominions in accordance with the broad principles of the partition itself: Muslim-majority states located in territories contiguous to Pakistan would accede to Pakistan and the rest would go to India. Moreover, the UN also recognizes Kashmir as a disputed territory. On the other hand, Pakistan has strong moral and legal justification on Kashmir because it not only enjoys a majority Muslim population but also has geographical and economic proximity with Pakistan that cannot be ignored. In fact, the people of Kashmir were demanding to join Pakistan, but the Maharaja desired to remain independent, which was not possible. He also did not sign the “Instrument of Accession.” In this regard, Alastair Lamb, a British historian who wrote the book Kashmir: A Disputed Legacy, 1846–1990, clarified the confusion about the Instrument of Accession and the Kashmir conflict. He revealed that the Maharaja could not have signed the Instrument of Accession on October 26, 1947, as he was on the road to Jammu and there is no evidence of any contact between the Maharaja and Indian envoys. He mentioned that India is trying to mislead the international community with its fake narrative about Kashmir and disregards the UNSC resolutions, which is a violation of the UN Charter and international law. Arundhati Roy (human rights activist) said Kashmir has never been an integral part of India and that the Kashmiri people desire the right to self-determination. During the war between India and Pakistan in 1947, it was India that first took the Kashmir dispute to the United Nations on January 1, 1948. The following year, on January 1, 1949, the UN helped enforce a ceasefire between the two countries. The UNSC Resolution of April 21, 1948, one of the principal UN resolutions on Kashmir, stated that both India and Pakistan had to decide the fate of Kashmir through the democratic method of an impartial plebiscite. Initially, India agreed to hold a plebiscite under UN supervision, but it never did so and began referring to Kashmir as an integral part of India. Thus, nearly 80 years later, no plebiscite has been held, which remains a source of grievance for Kashmiris. Regrettably, India used force to suppress the popular Kashmiri movement and deployed 700,000 security personnel in the valley, converting the area into the most militarized zone in the world. India’s security forces have killed around 120,000 innocent and helpless people. Furthermore, Narendra Modi unilaterally and unlawfully annexed occupied Jammu and Kashmir in August 2019, revoked Articles 370 and 35-A and forcefully merged the region with the Indian Union. Since then, the area has been continuously under siege and curfew has been imposed ever since. In the recent past, India’s RAW conducted the Pahalgam incident in April 2025 in Indian-occupied Kashmir, which Pakistan strongly denied any involvement in. India launched punitive strikes on Pakistan, which became the most serious military crisis in decades between the two rival nuclear states. Pakistan gave a very calculated response to India and shot down fighter jets, including French-made Rafales. Thus, Pakistan inflicted severe punishment on India and the war ended through significant diplomatic engagement. Nevertheless, the situation in Indian-occupied Kashmir remains dire, as the Indian military frequently kills innocent and helpless people and commits crimes against humanity through its repressive actions. The military has destroyed the area’s basic infrastructure, damaged houses and destroyed schools and hospitals on an unprecedented scale in recent history. They have imposed a draconian communication blackout and launched an outrageous, protracted assault on the civil liberties of the people of Kashmir. However, the time has arrived for the Kashmir dispute to be resolved in the spirit of the UN Security Council Resolutions and the aspirations of the Kashmiri people. —The writer is a Defence and Security Analyst based in Islamabad. (a.z.hilali@uop.edu.pk
