State security gives most significant placeto the human security, it is constitute of individual, communities andsocities’s security. Charter of UNO guarantees the right to live, cherish andsurvive to every human being regardless of their cast, religion andgeographical identities. These basic rights are categorically stated in the InternationalCovenant on Civil and Political Rights (ICCPR) and in international law. iIndividualsand nations are free to decide their social economic and political status andright of self determination is the fundamental right of every human being andguaranteed by the International Law and Charter of UNO.
International law andprinciples of international Court of justice assures that self determination isdetained by the masses and not by the government and Self determination isabout the individual’s autonomy, capability,and relatedness.iiSelfdetermination symbolizes the fundamental right for making decision of theirdestiny.Selfdetermination’s concept is as ancient as the Greek city states. It remainedsignificant throughout French and American revolutions, progressed in fourteenpoints by Woodrow Wilson, thus integrated in the charter of the League ofNations and got central position in the Charter of United Nations. After WorldWar-II, the right of self determination became the most important factor of theEuropean decolonization in the continent of Asia and Africa.iiiIndiaand Pakistan got independence o this principal of self determination on 14thAugust 1947, but India never let to the people of the Kashmir to use theirbasic right although there are numbers of resolutions have been passed by theUNO for the right of self-determination by Kashmiris to decide their futureaccording to their wishes.ivKashmiris a case study for the self-determination; Kashmir has all the basics that anation or a state should have.
· Its area is larger thanmany states of the world.· Rich in naturalresources.· Its population is more than 13.65million.v· Remainedindependence and enjoyed self-governance.
· Its diverse culture, languages.World’s largest democracy, Indiaoccupies 66% area of Kashmir in a most undemocratic way. Free elections are notpracticed, voice for human rights is restrained by arrest and killing. The mainpurpose is to control the people of Kashmir from practicing their right of selfdetermination and political tactics are being used to change the demographiclandscape of Kashmir: more than half a million non-Kashmiris from differentparts 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 homicideshould be deterred, prevented and punished.” These rights are further protectedby the ‘Universal Declaration of Human Rights-1948’.viThe assertion emphasizes on ‘innate freedom and equality, puts a ban on discriminationand states that, everyone has the right to life, liberty and security ofperson.
” Unfortunately, in spite of all these guarantees, agreements, declarationsand covenants for the human rights, the people of Kashmir are being disgracedand humiliated as there is no law toprotect them and offer them their basic rights.Kashmir’s different strategiclocation and strategic importance for India and Pakistan made both countries tonot compromise their stand over Kashmir. They perceive Kashmir as a guarantee totheir securities and this security perspective has bound both states to designand adopt conflicting policies and build a stronger and equipped military sinceindependence. Consequently, this approach has led these states towards threewars (1948, 1965 and 1971) and still uncertainty is big obstacle in peacefulcoexistence. Kashmir dispute has been disturbing theregional and world peace for seven decades, and can be Study from different angles butfollowing three are considered as the most important: A bilateral issue between Pakistan and India From a geopolitical perspective and threat to regional and international peace and security Kashmir issue is analyzed from humanitarian perspective although this angle is being ignored but massive human rights violation like repression, torture and unconstitutional killings caused unrest among the people of Kashmir and in last two decades these violations have reached on unprecedented level.
Internationally, After Simla agreement1972, Kashmir is considered as Pakistan and India’s bilateral issue and humanright violations and abuses have not received due attention but it should beclear for the world that the longer they continue to ignore these violationsthe impact is going to be the worst not only for the kashmiris or South Asiabut also for the whole world. International communityTheinternational community’s concern and involvement in Kashmir is full of disappointmentand failure because the negative attitude of India towards the internationalizingof the issue. India first took Kashmir issue to United Nations in January 1948,but after a few weeks after number of events in the valley pushed the applicantto adopt altogether a different approach and in consequently after seventyyears later Kashmir dispute is still with us and threatening for peace of thewhole world. iDr.
Raja Muhammad Khan. KASHMIR DISPUTE: A LEGAL PERSPECTIVE. NDUjournal 2015, p.2.iiRyan, R. M., & Deci, E.
L. (2000). Self-determination theory and thefacilitation of intrinsic motivation, social development, and well-being. American Psychologist, 55, 68-78.iiiDenv. J. Int’l L.
& Pol’y 275 (1994); Gregory H. Fox, Self-Determination inthe Post Cold War Era: A New International Focus?, 16Mich. J. Int’l L. 733(1995).
ivLia Syed, Palestinian Right to Self-determination, Global Policy Forum,December 15, 2003. Retrieved on September 4, 2015 at:https://www.globalpolicy.org/component/content/article/189/38197.html vJammu and Kashmir: population distribution, 1981 and subsequent growth;retrieved on September 11, 2015, at:http://kashmirstudygroup.com/awayforward/mapsexplan/population.ht ml.viThe Universal Declaration of Human Rights: Human RightsCharter,”(accessedSeptember 1, 2014) at ww.un.org/documents