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Why India opposes third party mediation on Kashmir issue?

Saturday, January 15, 2011


Zahoor Hussain Bhat


Kashmir was a princely state. After independence of India and Pakistan, Kashmir became a territory of dispute. The dispute has led both the nations to war at more than once occasions. Several options have been proposed for solution of Kashmir dispute but this problem has remained unsolved so far.


Attempts to solve Kashmir issue bilaterally between India and Pakistan could not yield any result for last more than sixty years. Now this is a time that attention should move to alternative methods like third party mediation or implementation of UN resolution calling for referendum on Kashmir.
Third Party Mediation
Progressive countries from time to time suggested third party mediation between India and Pakistan over the Kashmir issue. India has been paranoid at the thought of third party mediation, international interference or even a remote interest in Kashmir issue. Any such act is looked at as interference in its internal matters. Basically India does not bear any international gaze in its dealings in Kashmir. Not even from international human rights organisations like Amnesty International or other International organisations.
Now the question is why India opposes to third party mediation or international interference on Kashmir issue. Firstly India has never really been sure that the world, by and large, accepts the legitimacy of its control over Kashmir. Secondly there are other reasons for India’s hesitation such as New Delhi worries that the United States might use its might as the world’s superpower to impose a solution to Kashmir and is also apprehensive that any concessions given to Kashmir will, in turn, may open the floodgates for demands in other states.
Are India’s above concerns or apprehensions genuine? The last decade has witnessed India making a big leap forward. It is not just a regional player. It is now being counted as one among giant world powers. Its views and opinions about various global issues are being taken with respect. It plays an important role in multilateral organisations and is a major contributor to UN peacekeeping missions. It is an aspiring candidate for a permanent seat in UN Security Council in this context India needs to solve Kashmir issue, sooner the better.
Two agreements between India and Pakistan, mediated by third parties, have already stood test of time. One is “Indus Water Treaty” mediated by World Bank in 1960 and the other is “Rann of Kutch agreement” mediated by British sponsored Tribunal in 1968 so what problem over Kashmir.
It is therefore in India’s interest to engage Pakistan over Kashmir through a third party. Pakistan still reiterates its demand for such mediation on Kashmir, and thus would be hard-pressed to reject this approach. Third party mediation or facilitation on Kashmir can move forward only if there is a mutual will to settle the issue. Both India and Pakistan have everything to gain and nothing to lose in the event of third party mediation.
UN Resolution on Kashmir
On November 2, 1947 speaking on All India Radio (AIR) Pandit Jawaharlal Nehru said, “Fate of Kashmir is ultimately to be decided by the people. The pledge we have given not only to People of Kashmir, but to the world. We will not and cannot back out of it”. On November 25, 1947 Nehru informed the Indian Parliament that we have suggested, “When people of Kashmir are given a chance to decide their future, this should be done under the supervision of an impartial tribunal such as United Nations Organization”.
One January 5, 1949 the United Nations (UN) had passed a significant resolution noting that both India and Pakistan had accepted that the question of accession of the State of Jammu and Kashmir will be decided through the democratic method of free and impartial plebiscite. This is the most significant resolution among the resolutions passed by the UN on the State of Jammu and Kashmir. It is the resolution that can provide legal basis for resolving long pending Kashmir issue and can end to human rights abuses in the Kashmir and can restore the credibility of UN world over. But this is possible only if this resolution is implemented.
Kashmir is becoming a threat to international peace and the dream of peaceful South Asia can not be realised until this dispute is resolved. India and Pakistan have already fought three wars over Kashmir. In view of the nuclear capabilities of both India and Pakistan the role of the UN towards resolving the long pending Kashmir dispute through its resolution is more vital.
The resolutions passed by the world body stand unimplemented even after six decades. However the fact that the Military Observers of United Nations are still deployed on ceasefire line and in the agenda of United Nations the Kashmir is still being shown a disputed territory has exposed the Indian claims that the dispute is an internal problem of India.
Feedback at zahoorbhat786@yahoo.in
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