State being regardless of their cast, religion and geographical

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. i

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,
and relatedness.ii

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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.iii
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.iv

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’.vi
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.

Kashmir’s different strategic
location and strategic importance for India and Pakistan made both countries to
not compromise their stand over Kashmir. They perceive Kashmir as a guarantee to
their securities and this security perspective has bound both states to design
and adopt conflicting policies and build a stronger and equipped military since
independence. Consequently, this approach has led these states towards three
wars (1948, 1965 and 1971) and still uncertainty is big obstacle in peaceful


Kashmir dispute has been disturbing the
regional and world peace for seven decades, and can be

Study from different angles but
following 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
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

Internationally, After Simla agreement
1972, Kashmir is considered as Pakistan and India’s bilateral issue and human
right violations and abuses have not received due attention but it should be
clear for the world that the longer they continue to ignore these violations
the impact is going to be the worst not only for the kashmiris or South Asia
but also for the whole world.  


International community

international community’s concern and involvement in Kashmir is full of disappointment
and failure because the negative attitude of India towards the internationalizing
of 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 applicant
to adopt altogether a different approach and in consequently after seventy
years later Kashmir dispute is still with us and threatening for peace of the
whole world.

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: ml.

The Universal Declaration of Human Rights: Human RightsCharter,”(accessed
September 1, 2014) at