Jammu and Kashmir: Line of Control Violations and Legal Perspectives

Abstract

The State of Jammu and Kashmir is the glaring example of colonial legacy of British raj. The conflict and chaos ruled the region since the partition. Stability in Kashmir is necessary for the entire South Asian region. Just six before the abrogation of Article 370, a suicide bombing attack on Indian troops sparked a nuclear crisis between India and Pakistan which was alarming for policy makers. The regional and international observers cited this fault line as “the most dangerous place in the world”, where use of weapons of mass destruction could threat the lives of millions of civilians. The surging unrest in Kashmir can have catastrophic consequences. India’s aim to play greater role in regional affairs, India-Pakistan rapprochement, economic stability, all have dependence on the resolution of Kashmir. The current policies of BJP government to erode the right of self-determination of Kashmiris and turning down the proposal of Pakistan to resume the dialogue process all have intensified the violations on LoC. Since 1947, India’s illegal occupation to deny the people of freedom makes the status of Kashmir more vulnerable. The BJP’s recent attempt to include the territory in Indian union is an illegal annexation. While commenting on Article 47 of the Geneva Convention IV, jurist Jean S Pictet elaborates that the occupying power is the administrator of territory. Jean discusses that occupying powers should have respect for the political order of the territory. Therefore, India being an occupying power cannot annex the states institutions and territorial boundaries till the conduct of plebiscite under the UN resolution 1948.