By: Hammad Khalid
The Kashmir conflict remains one of the longest-lasting and soul crushing outcomes of the 1947 division of the Indian subcontinent. It has been a major test for the United Nations’ ability to deal with international disputes. Since the conflict started, the UN has been deeply involved in trying to find peace, but the region, especially Indian Illegally occupied Jammu and Kashmir, continues to be a place where people suffer and there is political instability. The main issue is that the people of Kashmir have not been allowed to decide their own future. This right to self-determination is a key principle of the UN Charter, but it has been blocked by India’s resistance.
For many years, the international community has seen the UN Security Council set up a clear legal and moral plan for peace, but this has been ignored. This has turned a beautiful valley into one of the most militarized regions in the world. The UN’s involvement in Kashmir started right after the conflict began. India first talked to the UN Security Council on January 1, 1948. In response, the Security Council passed Resolution 39, which created the United Nations Commission for India and Pakistan (UNCIP) to study and help solve the dispute. Then on April 21, 1948, Resolution 47 was passed, which suggested a three-step plan: a ceasefire, withdrawal of troops, and a free and fair vote for the people of Kashmir to choose their own future. These resolutions made it clear that the future of the territory must be decided by the people living there, which is still the UN’s main position.
Throughout the long history of the conflict, Pakistan has been a reliable and strong supporter of the UN resolutions. From the start, Pakistan accepted the UN-mandated vote and the presence of international observers. Even now, Pakistan allows the United Nations Military Observer Group in India and Pakistan (UNMOGIP) to monitor the Line of Control and report on ceasefire violations. Pakistan’s foreign policy is based on the belief that the UN Charter and international law are the only ways to get a fair solution. By constantly calling for the fulfillment of the 1948 and 1949 resolutions, Pakistan has shown a strong commitment to the multilateral system, viewing the Kashmir conflict not only as a territorial dispute but also as a human rights and decolonization matter.
IN contradiction, the record of Indian illegally occupied Jammu and Kashmir is one of continuous cruelty and a clear disregard for international laws. Although India initially agreed to a plebiscite, it quickly moved to block it and take a one sided approach. Over the years, New Delhi has tried to change the status of the disputed territory through fake elections and legal changes, such as the illegal removal of Article 370 in August 2019. This move took away the limited independence of the region and was a direct violation of UN Security Council Resolution 122 (1957), which says that no one can change the status of the territory by their own actions. By trying to forcefully include the territory, India has not only gone against the UN but has also increased the terror against the Kashmiri people. The humanitarian cost of this defiance is huge. Indian illegally occupied Jammu and Kashmir has become a place of serious unfairness. Security forces operate with complete freedom under Uharsh laws like the Armed Forces (Special Powers) Act and the Public Safety Act.
Reports from international human rights groups and the UN’s Office of the High Commissioner for Human Rights (OHCHR) show a dangerous pattern of killing without trial, unfair imprisonment, beatings, and the use of pellet guns against peaceful protesters. The frequent communication blackouts and the suppression of the media are meant to hide these crimes from the world. This culture of violent state control is a direct result of India’s refusal to allow the UN to do its job, as any fair investigation or democratic process would reveal the deep resistance of the Kashmiri people to Indian rule.
The UN’s failure to enforce its resolutions in Kashmir shows a big weakness in the international system. While the UN Secretary-General and various human rights groups have expressed “serious concern” about the situation, the Security Council has often been stuck because of power struggles. This inaction has made India more confident in its plans to change the demographics of Indian illegally occupied Jammu and Kashmir. New domicile laws are being used to settle non-Kashmiris in the region, aiming to change the majority Muslim population.
This is an attempt to make the promised plebiscite useless by changing the people who would be voting. These actions are a major betrayal of the promises made by the global community in 1948.Despite these challenges, the UN’s role remains important as a witness and a legal framework. The presence of UNMOGIP, even though India limits its access on its side of the Line of Control, is a constant reminder that the world has not completely turned away.
The UN’s refusal to accept India’s claim that Kashmir is an “integral part” of its territory ensures the dispute stays on the international radar. For the people of Indian illegally occupied Jammu and Kashmir, the UN resolutions represent the only real hope for a future without occupation. They are not asking for a favor; they are asking for the fulfillment of a legal right given to them by the highest governing body of the world.
The long-lasting conflict in Kashmir is a sad reminder of the cost of diplomatic failure. As long as India’s cruelty continues and the UN’s role is ignored, the region will remain a “nuclear flashpoint,” threatening the security of over a billion people. At the end, solving the Kashmir issue needs the world to focus on human rights more than on money or power. The way to peace is already written in the records of the Security Council.
India must stop its illegal control, stop hurting people’s rights, and go back to talks with the help of the UN. Until the people of Jammu and Kashmir can choose their own future through a fair vote, the UN’s job isn’t done, and the promise of “never again” sounds aimless to those suffering under Indian rule.
The writer is Intern at YFK and a student of International Relations at IIUI.
