in July 2016 a new wave of protest against Indian government arose in Kashmir
as a 22 years young man Burhan Wani was killed by security forces because of
his facebook and whatsapp posts. Masses dispensed in all over the valley and
faced gunfire and bricks. Foreign media described pillets used by Indian army
and caused dead eyes. Security forces shot into the face of the protestors in
result 570 were admitted in hospital with no chances of recovering eyesight.
Once again this issue was raised in UNO by Pakistan. Tension between Pakistan
and India further escalated in result of attack on Uri, an Indian army camp on
18th September, 2016. Pakistan was being accused for providing help
to such terrorist activities as Pakistani marked weapons were found after the
attack. India once again succeeded to divert world’s attention towards Pakistan
from her human rights violations.iIndian
security forces have violated the international human rights and humanitarian
law by torturing; deliberate killings during custody and by not letting them
exercise their fundamental right of self determination and disclosed the
magnitude of the human rights situation in the valley.
Right of Self-Determination:
State security gives most significant place
to the human security, it is constitute of individual, communities and
socities’s security. Charter of UNO guarantees the right to live, cherish and
survive to every human being regardless of their cast, religion and
geographical identities. These basic rights are categorically stated in the International
Covenant on Civil and Political Rights (ICCPR) and in international law. ii
and nations are free to decide their social economic and political status and
right of self determination is the fundamental right of every human being and
guaranteed by the International Law and Charter of UNO. International law and
principles of international Court of justice assures that self determination is
detained by the masses and not by the government and Self determination is
about the individual’s autonomy, capability,
determination symbolizes the fundamental right for making decision of their
determination’s concept is as ancient as the Greek city states. It remained
significant throughout French and American revolutions, progressed in fourteen
points by Woodrow Wilson, thus integrated in the charter of the League of
Nations and got central position in the Charter of United Nations. After World
War-II, the right of self determination became the most important factor of the
European decolonization in the continent of Asia and Africa.iv
and Pakistan got independence o this principal of self determination on 14th
August 1947, but India never let to the people of the Kashmir to use their
basic right although there are numbers of resolutions have been passed by the
UNO for the right of self-determination by Kashmiris to decide their future
according to their wishes.v
is a case study for the self-determination; Kashmir has all the basics that a
nation or a state should have.
Its area is larger than
many states of the world.
Rich in natural
Its population is more than 13.65
independence and enjoyed self-governance.
Its diverse culture, languages.
World’s largest democracy, India
occupies 66% area of Kashmir in a most undemocratic way. Free elections are not
practiced, voice for human rights is restrained by arrest and killing. The main
purpose is to control the people of kashmir from practicing their right of self
determination and political tactics are being used to change the demographic
landscape of Kashmir: more than half a million non-Kashmiris from different
parts of India have been settled in the valley.
International law about basic rights says that;
“individuals should not be arbitrarily deprived of their lives, and homicide
should be deterred, prevented and punished.” These rights are further protected
by the ‘Universal Declaration of Human Rights-1948’.vii
The assertion emphasizes on ‘innate freedom and equality, puts a ban on discrimination
and states that, everyone has the right to life, liberty and security of
person.” Unfortunately, in spite of all these guarantees, agreements, declarations
and covenants for the human rights, the people of Kashmir are being disgraced
and humiliated as there is no law to
protect them and offer them their basic rights.
Dr. Raja Muhammad Khan. KASHMIR DISPUTE: A LEGAL PERSPECTIVE. NDU
journal 2015, p.2.
Ryan, R. M., & Deci, E. L. (2000). Self-determination theory and the
facilitation of intrinsic motivation, social development, and well-being. American Psychologist, 55, 68-78.
Denv. J. Int’l L. & Pol’y 275 (1994); Gregory H. Fox, Self-Determination in
the Post Cold War Era: A New International Focus?, 16Mich. J. Int’l L. 733
Lia Syed, Palestinian Right to Self-determination, Global Policy Forum,
December 15, 2003. Retrieved on September 4, 2015 at:
Jammu and Kashmir: population distribution, 1981 and subsequent growth;
retrieved on September 11, 2015, at:
The Universal Declaration of Human Rights: Human RightsCharter,”(accessed
September 1, 2014) at ww.un.org/documents