The Kashmir – separated at birth

The Kashmir conflict is deeply rooted in the partition of British India in 1947, when the princely state of Jammu and Kashmir became a contested region between India and Pakistan. At partition, princely states were given the option to join either India or Pakistan. The ruler of Kashmir, Maharaja Hari Singh, was Hindu, while the majority of his population was Muslim. Facing an invasion by tribal militias from Pakistan, the Maharaja signed the Instrument of Accession to India in October 1947, after which Indian troops were airlifted into Kashmir. This marked the beginning of the first India-Pakistan war over the region.

The United Nations later intervened, calling for a ceasefire and a plebiscite to determine the region’s future—a vote that has never been held. Since then, Kashmir has remained divided, with India controlling Jammu & Kashmir and Ladakh, and Pakistan controlling Azad Jammu & Kashmir and Gilgit-Baltistan. The region has been the flashpoint of multiple wars and ongoing tensions between the two countries.

The United Nations passed multiple resolutions on the Kashmir conflict, particularly between 1948 and 1957, under the UN Security Council and the now-defunct UN Commission for India and Pakistan (UNCIP). The key points from these resolutions revolve around a plebiscite — a vote by the Kashmiri people to determine whether they wanted to join India or Pakistan.

📜 Key UN Resolutions on Kashmir

1. UNSC Resolution 47 (April 21, 1948)

   • Called for a ceasefire between India and Pakistan.

   • Called on Pakistan to withdraw its forces and tribal fighters from Jammu & Kashmir.

   • Called on India to reduce its military presence to the minimum necessary for law and order.

   • Proposed that after these conditions, a plebiscite should be held under UN supervision to let Kashmiris decide their future.

2. UNCIP Resolutions (1948-49)

   • Repeated calls for both Pakistan and India to cooperate for a plebiscite.

   • Established the basic framework: first, withdrawal of Pakistani forces, then reduction of Indian forces, and then a vote.

⚠️ Why the Plebiscite Never Happened

• Pakistan was accused of not fully withdrawing its forces, including irregular fighters, from the area.   But why should it when India doesn’t.

• India argued that conditions (especially security and demilitarization) were not suitable for a fair plebiscite.  Because majority were muslims and may side with Pakistan.

• By 1950, India also began to assert that the accession of Jammu & Kashmir was final and legal, and therefore no vote was necessary.

• In 1957, when Kashmir was formally incorporated into the Indian Union with its own constitution, India claimed the matter was internal. The UN resolutions were effectively sidelined from that point onward.

🚩 India’s Position Today

• India argues that the UN resolutions are obsolete because:

  • Pakistan didn’t fulfill the first condition (withdrawal).

  • The Instrument of Accession signed in 1947 makes Kashmir an integral part of India.

  • Elections in Jammu & Kashmir over the years reflect the people’s will.

  • The revocation of Article 370 in 2019 was a sovereign decision.

🚩 Pakistan’s Position

• Pakistan insists that the UN resolutions are still valid.

• It argues that the promise of a plebiscite remains unfulfilled.

• Pakistan views India’s revocation of Kashmir’s autonomy (Article 370) as illegal and against international commitments.

🕊️ UN’s Current Role

• The UN still recognizes Kashmir as a disputed territory.

• However, no active efforts toward implementing a plebiscite have been made in decades.

• The UN Secretary-General has called for restraint and dialogue but hasn’t pushed for enforcement of those old resolutions.