KASHMIR DISPUTE IN EYE OF LAW

(Shah Nawaz Bokhari, Rawalpindi)

Article 370 of the Indian constitution gave special status to the region of Jammu and Kashmir, allowing it to have a separate constitution, a state flag and autonomy over the internal administration of the state. Article 370 is indicates the part of freedom of rights for Kashmiris. This clause had been inserted by the Constitution Assembly of India in 1951.However, in October 2015, the High Court of Jammu and Kashmirruled that the Article 370 cannot be "abrogated, repealed or even amended.On 5 August 2019, the Home Minister Amit Shah introduced a bill in the RajyaSabha to convert Jammu and Kashmir's status of a state to two separate union territories, namely Jammu and Kashmir, and Ladakh. This case has also been pending in Supreme Court of India. “As per the constitution of India is the state only for Hindus. It is big criticism on the constitution of India.”There is hot issue in recent days.

But we look this case in the eye of law. There is few option is available for Pakistan. One of them is taken by Pakistan to expel the Ambassador of India and suspend the trade. Moreover, it is also suspend Traveling to India. All it’s in the hands of Pakistan. We can take this matter into Security Council under Chapter –VI (peaceful settlement of Dispute). On the other hand U/A-25 indicates to carry out the decision of the Security Council. The Security Council is responsible u/A-26 to maintain peace in the world through military force. Pakistan is trying to gain confidence of neighbor countries which would be beneficial in Session of Security Council.

Pakistan should not be carried out Kashmir dispute into International court of Justice. It is a big mistake if Pakistan can do so. Article 370 is indicating role of territory of Kashmir. If Pakistan take this matter into ICJ, its mean Pakistan accept the territory of India. This forum is not useful for Pakistan. But Azad Kashmir government can avail this option on mutual consent of Jummu and Kashmir. Pakistan can support Azad Kashmir on back set.

May I succinctly, the role of United Nations to solving dispute for member states, if any state is not a member. They can also participate in session to defend his case. In my opinion, the role of UN in respect of Muslim states is like a dummy. There are not fruitful results gains by Muslim states. Palestine is the best example. United Nations cannot implementowndecisions. If a matter is relating to non-Muslim state it will resolve immediately and enforce at once. We had been observed in North Coria vs South Coria case.

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11 Aug, 2019 Views: 139

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