RESOLVING THE KASHMIR CONFLICT FROM AN INTERNATIONAL LAW PERSPECTIVE

Abstract

Although Kashmir has been an integral part of India since the ruler of Kashmir, King Harisingh had signed the instrument of accession with India and not Pakistan on 26th October 1947, it is time for a new way of dealing with Kashmir. The issue has been dragging its feet for a long time. This is certainly not because of the advent of the current Government at the Centre. For several decades the Kashmiris have been complaining about killing, torture, violence, and face encounters from the Indian army and Pakistani paramilitary groups. The situation has grown worse over time, for instance during the Srinagar by polls on 9th April 2017 people came out on streets pelting stones. There was stability attained in the valley in 2010, but then in 2011- 2012 India lost it again. Today there is an additional challenge in that there is a qualitative change in the nature of separatist violence in Kashmir. In the 1990s the army was in direct confrontation with insurgents and civilian deaths were largely collateral damage, but today ordinary Kashmiris are confronting the army. Similarly, in the past Pakistan was the major force facing and sustaining the insurgency, but today the protests are increasingly coming from the indigenous population. Public attendance in protests, and funerals have grown. There is a new generation that is disillusioned and taking to militancy, including stone pelting. Stone pelters give a variety of justifications for the actions. For example, no student politics are allowed in universities in Kashmir, there is no debate allowed. There is an internet ban. Schools and colleges do not function for months.