For a case as destructive and long-running as the Kashmir conflict, the United Nations inevitably comes
into play as the authoritative entity responsible for the peace process that India and Pakistan are still yet
to reach. The 47 th Resolution of the United Nations Security Council called for a “free and impartial
plebiscite to decide whether the State of Jammu and Kashmir is to accede to India or Pakistan” on 21
April 1948. The has not been held to this day. When on one hand Pakistan urged the United Nations
Security Council to undertake investigations that rightfully call for suitable actions, India rejected all the
previous resolutions of the Security Council after the Simla Agreement. This emphatically highlights
India’s non-compliance to the International Law.
The Kashmir Public Safety Act (PSA) passed in 1978 by the Indian government allows for detention
without trial for up to as long as two years in some cases. This act was then employed to crack down on
human rights activists including some, 75 journalists, 76 political leaders, suspected members of the
armed resistance groups and people involved in protests be it children or adults.
As a result the human rights committee urged India to revise the barbaric act as it was in direct
contradiction to the international convention of human rights to be precise article 8,9 of the convention
the UN further urged the Indian regime to respect all those she detains by informing them for the
reasons for their arrest and charges against them which these suggestions were never implemented by
the Indian government .
An Armed Forces Special Powers Act was passed by the Indian parliament in 1990 which blatantly
endows wide powers to the security forces functional in Jammu and Kashmir like safety from
prosecution in civil courts. This, in turn, has lead to no military personnel being prosecuted for the
atrocities being committed in Kashmir. A committee appointed by the Supreme Court stated that the
law had become “a symbol of oppression, an object of hate and an instrument of discrimination and
high-handedness” India has time and again been called out by International forces of law to repeal
AFSPA in March 2018 but despite this, Union Minister of State for Home Affairs, Hansraj Gangaram Ahir,
told the Parliament that there was no proposal to repeal or amend AFSPA in Jammu and Kashmir.
Since the violent crack down of protests of July 2016, the office of the High Commissioner for Human
Rights has requested governments of both India and Pakistan to grant his office unrestricted access to
Kashmir in order to assess the situation impartially. The Indian government categorically refused access
while Pakistan promised access if India granted too. In response to the protests of 2016, the Indian army
used accessive force on the protesters killing many in the process.
Various estimates indicate that 130 to 145 civilians were killed by security forces from mid-July 2016 and
end of March 2018, and 16 to 20 civilians were killed by armed personnel in the same period.
As of now, with the ongoing escalations of the fragile ordeal in Kashmir, a spokesperson of the United
Nations chief Antonio Guterres asked both the parties of India and Pakistan to step back from taking any
action and let the UN address the issue authoritatively. However, it is high time to realize the need to
apprehend India for conducting one of the deadliest mass genocides in history or yet another wave of
innocent people will bleed for the irresponsibility of a few.