PLEBISCITE-A KNOWN PROMISE

The question of the future status of the state of Jammu and Kashmir is a burning topic of the day, hovering over the sub-continent like huge clouds.  Actually the resistance movement by the people of Jammu and Kashmir against the illegal  and unjust Indian occupation, is a struggle for the birth fight of self-determination, as introduced by the modern age after long sacrifices of people on earth and recognized by the United Nations Organization in its Universal Charter for human rights.  Thereby, the member states of the world body reaffirmed their faith with determination in the dignity of human beings and nations, equal rights and opportunities for all, big or small.   The universal charter was drafted to save succeeding generations from the scourge of wars.  The two great wars of 1914 and 1939 had brought about untold miseries, devastation and horror for mankind. Article 55 of the United Nation's Charter reiterates its pledge to create conditions of stability and well being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self determination of peoples.

Similarly the international covenant on civil and political rights adopted by the UN General Assembly on Dec 16, 1966 in the article 1 and in the declaration in principle of international law adopted through resolution No. 2625 by UN General Assembly on Oct 24, 1970, recognizes the right of self determination for all peoples and says that "By virtue of the principle of equal rights and self determination of people enshrined in the charter of the UNO all peoples have the right to determine without external interference, their political status and to pursue their economic, social and cultural development and every state have duty to respect this right in accordance wit the provisions of the charter".

Besides endorsing the charter and the universal declaration of human rights, India on her own made the so called Instrument of accession conditional, provisional and temporary by adding to it a provision called plebiscite to enable the people of Kashmir, to decide freely their future political status. Again it was India, who after foreseeing a military debacle in late 1947, rushed to the security council on Jan. 01-1948 with a request for United Nations intervention in the state of Jammu and Kashmir and repeated her pledge that "Once the soil of the state had been cleared of the invaders and normal conditions restored, its people would be free to decide their future by the democratic method of a plebiscite or referendum, which in order to ensure complete impartiality, might be held under the international auspices".

On 15th: Jan. 1948, when the Security Council met, the Indian representative declared "the question of the future status of Kashmir vis-à-vis her neighbors and the world at large and a future question, namely whether she should withdraw from her accession to India, and either accede to Pakistan or remain independent, with a right to claim admission as a member of UNO, all this we have recognized to a matter for unfettered decision by the people of Kashmir after normal life is restored to them".

In the succeeding months of turmoil and turbulence the Security Council met and passed resolutions and accepted recommendations of the UNCIP followed by both India and Pakistan to solve the issue through a plebiscite peacefully under the supervision of the UNO. On Dec. 02, 1957, the Security Council recalled her previous resolution and also those of UNCIP requesting "UN's representative for India and Pakistan to make any recommendation to the parties for further appropriate action with a view to making progress towards the implementation of the resolutions of the UNCIP of 13 August 1948 and 5th January, 1949 and towards a peaceful settlement."

 
 

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