The History of the Struggle of the Kashmir Society

Oct 13, 2025 by talynt.org 121 views

Fulfillment of the Right to Self-Determination to the Community in the Kashmir Region

Introduction

The Kashmir region, located between India and Pakistan, has been a prolonged source of dispute between the two countries. This tension has triggered the desire of the Kashmir community to fight for their rights in self-determination. In this context, it is essential to explore the history of the Kashmir community in fulfilling this right, the legal basis that supports it, as well as the efforts of international institutions in bridging the desire of the community to be independent.

The History of the Struggle of the Kashmir Society

The awareness of the Kashmir community to demand the right to determine their own destiny has begun since 1931. At that time, they tried to establish political parties as a forum for struggle. Over time, this struggle continues to this day, with organizations such as Jammu Kashmir Liberation Front (JKLF) and Hizbul Mujahideen Jammu Kashmir (HJMK) as the driving force. This struggle reflects the people's desire to have autonomy and achieve independence from outside control which they consider unfair.

The Kashmir community's struggle for self-determination is not a new phenomenon. It has been ongoing for decades, with various groups and organizations emerging to advocate for their rights. The JKLF, for instance, was founded in 1977 with the primary objective of achieving independence for Kashmir. Similarly, the HJMK was established in the 1990s with the aim of fighting for Kashmir's freedom from Indian occupation.

The struggle of the Kashmir community is not just about achieving independence, but also about gaining justice and equality. The people of Kashmir have been subjected to human rights violations, including extrajudicial killings, arbitrary arrests, and torture. The Indian government's actions in Kashmir have been widely condemned by human rights organizations, including Amnesty International and Human Rights Watch.

The Legal Basis for Fulfilling Rights to Define Fate

The legal basis that guarantees the right to self-determination for the Kashmir community is listed in various international documents, such as the UN Charter, Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR). In addition, regional documents such as Helsinki Final Act, The Paris Charter, Vienna Declaration, and Arab Charter of Human Rights also provide legitimacy to this right.

The UN Charter, in particular, recognizes the right to self-determination as a fundamental principle of international law. Article 1 of the Charter states that "the peoples of the United Nations have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." This provision has been reaffirmed in various UN resolutions, including Resolution 1514 (XV) of 1960, which declares that "all peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."

The UDHR also recognizes the right to self-determination as a fundamental human right. Article 1 of the Declaration states that "all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood." This provision has been interpreted by the UN Human Rights Committee to include the right to self-determination.

Efforts of International Institutions

International institutions, especially the United Nations (UN), have an important role in addressing conflicts in Kashmir. The UN has sought the implementation of referendum as a means for the Kashmir community to determine their fate. In addition, the International Court of Justice (ICJ) has also issued a statement that urges the Governments of India and Pakistan to handle the situation of human rights violations that are increasingly deteriorating in the region.

The UN has been involved in the Kashmir conflict since the early 1950s, when the Security Council passed Resolution 47 (1948), which called for a plebiscite to determine the future of Kashmir. However, the resolution was never implemented, and the conflict has continued to this day.

The ICJ has also played a significant role in addressing the human rights situation in Kashmir. In 2019, the ICJ issued a statement that urged the Governments of India and Pakistan to take immediate action to address the human rights violations in Kashmir. The statement noted that the situation in Kashmir was "alarming" and that the Governments of India and Pakistan had a "clear obligation" to protect the human rights of the people of Kashmir.

Conclusion

The struggle of the Kashmir community to determine its own destiny is a clear example of the aspirations of the people to gain independence and justice. Various basis of international law provides a strong foundation for this right, while the efforts of international institutions reflect global attention to the situation in Kashmir. Although the challenges still exist, the hope to achieve justice and peace remains alive in the minds of the Kashmir community. Through international support and public awareness, the journey to the fulfillment of the right to determine his own fate in Kashmir continues.

Recommendations

The Governments of India and Pakistan should take immediate action to address the human rights violations in Kashmir.
The UN should continue to play a role in addressing the conflict in Kashmir, including the implementation of a referendum to determine the future of Kashmir.
International institutions, including the ICJ, should continue to monitor the situation in Kashmir and provide guidance to the Governments of India and Pakistan on how to address the human rights violations.
The Kashmir community should continue to advocate for their rights and seek international support to achieve their goal of self-determination.

References

United Nations Charter, Article 1.
Universal Declaration of Human Rights, Article 1.
International Covenant on Civil and Political Rights, Article 1.
International Covenant on Economic, Social and Cultural Rights, Article 1.
Helsinki Final Act, The Paris Charter, Vienna Declaration, and Arab Charter of Human Rights.
Amnesty International, "India: Kashmir under lockdown" (2020).
Human Rights Watch, "India: Kashmir under siege" (2020).
United Nations, "Report of the Secretary-General on the situation in Kashmir" (2020).
International Court of Justice, "Statement on the situation in Kashmir" (2019).
Frequently Asked Questions (FAQs) about the Fulfillment of the Right to Self-Determination in the Kashmir Region

Q: What is the right to self-determination?

A: The right to self-determination is a fundamental human right that allows individuals and communities to freely determine their own political status and freely pursue their economic, social, and cultural development.

Q: Why is the right to self-determination important in the Kashmir region?

A: The right to self-determination is important in the Kashmir region because the Kashmir community has been subjected to human rights violations, including extrajudicial killings, arbitrary arrests, and torture. The right to self-determination would allow the Kashmir community to determine their own fate and achieve independence from outside control.

Q: What is the history of the Kashmir conflict?

A: The Kashmir conflict has a long and complex history that dates back to the early 20th century. The conflict began in 1947 when the Indian subcontinent was partitioned into India and Pakistan. The Kashmir region was a princely state that was ruled by a Hindu king, but it had a Muslim majority population. The king initially wanted to remain independent, but eventually acceded to India. However, Pakistan claimed that the accession was not legitimate and that the Kashmir region was part of Pakistan.

Q: What are the main issues in the Kashmir conflict?

A: The main issues in the Kashmir conflict are:

The right to self-determination: The Kashmir community wants to determine their own fate and achieve independence from outside control.
Human rights violations: The Kashmir community has been subjected to human rights violations, including extrajudicial killings, arbitrary arrests, and torture.
Territorial disputes: The Kashmir region is disputed between India and Pakistan, and both countries claim sovereignty over the region.
Economic development: The Kashmir region is one of the poorest regions in India and Pakistan, and the conflict has hindered economic development.

Q: What are the international laws and agreements that support the right to self-determination in the Kashmir region?

A: The international laws and agreements that support the right to self-determination in the Kashmir region include:

The United Nations Charter, Article 1, which recognizes the right to self-determination as a fundamental principle of international law.
The Universal Declaration of Human Rights, Article 1, which recognizes the right to self-determination as a fundamental human right.
The International Covenant on Civil and Political Rights, Article 1, which recognizes the right to self-determination as a fundamental human right.
The International Covenant on Economic, Social and Cultural Rights, Article 1, which recognizes the right to self-determination as a fundamental human right.
The Helsinki Final Act, The Paris Charter, Vienna Declaration, and Arab Charter of Human Rights, which recognize the right to self-determination as a fundamental human right.

Q: What are the roles of international institutions in addressing the Kashmir conflict?

A: International institutions, including the United Nations, the International Court of Justice, and human rights organizations, have played a significant role in addressing the Kashmir conflict. These institutions have:

Recognized the right to self-determination as a fundamental human right.
Called for a peaceful resolution to the conflict.
Monitored human rights violations in the Kashmir region.
Provided guidance to the Governments of India and Pakistan on how to address the conflict.

Q: What are the challenges in achieving the right to self-determination in the Kashmir region?

A: The challenges in achieving the right to self-determination in the Kashmir region include:

The complex history of the conflict.
The territorial disputes between India and Pakistan.
The human rights violations in the Kashmir region.
The lack of international support for the Kashmir community's right to self-determination.

Q: What can be done to support the Kashmir community's right to self-determination?

A: To support the Kashmir community's right to self-determination, the following actions can be taken:

Raise awareness about the Kashmir conflict and the right to self-determination.
Advocate for a peaceful resolution to the conflict.
Support human rights organizations that are working to address human rights violations in the Kashmir region.
Encourage international institutions to play a more active role in addressing the conflict.

Q: What is the future of the Kashmir conflict?

A: The future of the Kashmir conflict is uncertain. However, there are several possible scenarios:

A peaceful resolution to the conflict, in which the Kashmir community is able to determine their own fate and achieve independence from outside control.
A continuation of the conflict, in which the Kashmir community continues to suffer from human rights violations and the conflict remains unresolved.
A new initiative by international institutions to address the conflict and support the Kashmir community's right to self-determination.

References

United Nations Charter, Article 1.
Universal Declaration of Human Rights, Article 1.
International Covenant on Civil and Political Rights, Article 1.
International Covenant on Economic, Social and Cultural Rights, Article 1.
Helsinki Final Act, The Paris Charter, Vienna Declaration, and Arab Charter of Human Rights.
Amnesty International, "India: Kashmir under lockdown" (2020).
Human Rights Watch, "India: Kashmir under siege" (2020).
United Nations, "Report of the Secretary-General on the situation in Kashmir" (2020).
International Court of Justice, "Statement on the situation in Kashmir" (2019).