Hafeez Ahmed Khan
On the 75th anniversary of the Universal Declaration of Human Rights (UDHR), the ongoing conflict in Kashmir remains a stark reminder of the fragility of human rights in the face of political power. Despite the UDHR’s enshrinement of fundamental liberties like freedom, independence, and self-determination, the Kashmiri people continue to face a brutal reality of oppression under Indian rule.
The Indian government’s revocation of Articles 370 and 35A in 2019 further exacerbated the situation. These articles granted Kashmir a degree of autonomy and protected the region’s unique cultural and demographic identity. Their removal has paved the way for demographic changes, with non-residents now allowed to purchase property and land in Jammu and Kashmir, potentially altering the political landscape and disenfranchising the local population.
The long-standing dispute has been marred by a history of human rights abuses by Indian forces. The UN reports highlight the concerns over impunity, limited access to justice, and the implementation of draconian laws that impede accountability. The Kashmir Public Safety Act and the Armed Forces (Jammu and Kashmir) Special Powers Act provide a legal framework for arbitrary detention, torture, and extrajudicial killings.
The UN resolutions on Kashmir recognize the right to self-determination for the Kashmiri people. However, this right has been denied by India for decades, violating Article 1 of the UDHR, which guarantees the right to freedom for all.
The presence of a large Indian army contingent in Kashmir, estimated at over 900,000 soldiers, has not brought peace or stability. Instead, it has led to extensive human rights violations. The high number of casualties, estimated at over 68,000, and the alarming increase in civilian deaths point to the excessive use of force by the Indian government.
The Indian government’s actions in Kashmir constitute a clear violation of the fundamental rights enshrined in the UDHR. The denial of freedom of movement, expression, and assembly, as well as the arbitrary detention and torture of individuals, are stark examples of human rights abuses. The Indian occupation also impinges upon the right to life, privacy, and protection from discrimination.
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The international community’s silence on the issue of Kashmir is particularly disheartening. Their contrasting proactive approach in other conflicts, such as Ukraine and Israel, raises questions about their commitment to upholding human rights universally.
The Indian government’s actions have had a devastating impact on the lives of Kashmiris, particularly in the areas of education and mental health. The lack of access to quality education and the restrictions on pursuing higher education hinder the development of future generations. The prevalence of mental health issues like anxiety, depression, and PTSD underscores the psychological toll of the conflict on the Kashmiri people.
The Kashmir conflict is a long-standing territorial dispute between India and Pakistan over the region of Jammu and Kashmir. The conflict has its roots in the partition of India in 1947, which led to the creation of India and Pakistan as separate states. The dispute over Kashmir began soon after, with both India and Pakistan claiming the region as their own. The United Nations Security Council (UNSC) passed Resolution 47 in 1948, which called for a plebiscite to be held in the region to determine its future status. The resolution also called for the withdrawal of Pakistani forces from the region, followed by the withdrawal of Indian forces to a minimum level required for law and order.
The resolution was accepted by both India and Pakistan, but the plebiscite was never held. The conflict has since escalated, with both sides engaging in military action and human rights abuses. The people of Kashmir have been caught in the middle of this conflict for decades, with their aspirations for self-determination and peace largely ignored.
It is critical to resolve the issue of Kashmir according to the UN resolution and the aspirations of the Kashmiri people for several reasons. First, the conflict has resulted in the loss of thousands of lives and has caused immense suffering to the people of the region. Second, the conflict has the potential to escalate into a larger conflict between two nuclear-armed nations, which would have catastrophic consequences for the entire region and beyond. Third, the people of Kashmir have the right to determine their own future and should be given the opportunity to do so through a free and fair plebiscite. Fourth, resolving the conflict would help to promote peace and stability in the region, which is in the interest of all parties involved.
The Kashmir conflict serves as a stark reminder of the ongoing struggle for human rights in the face of political power. The Indian government’s actions in Kashmir constitute a clear violation of the fundamental rights guaranteed by the UDHR. The international community’s silence on this issue is particularly disappointing and further fuels the sense of injustice among the Kashmiri people. It is imperative that the international community takes concrete steps to hold India accountable for its human rights violations in Kashmir and ensure the realization of the Kashmiri people’s right to self-determination.
Therefore, the Kashmir conflict is a complex issue that requires a peaceful and just resolution. The UN resolution and the aspirations of the Kashmiri people provide a framework for resolving the conflict and should be taken into account by all parties involved. A peaceful resolution of the conflict would not only benefit the people of Kashmir but would also help to promote peace and stability in the region.
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