*Assistant Profesor, Geeta Institute of Law, Karhans, Samalkha, Panipat, Haryana, India
Online published on 21 September, 2017.
In 1947, British rule in India ended, states were left to choose whether to join India or Pakistan or remain independent. Jammu and Kashmir, the largest of the princely states, had a predominantly Muslim population while having a Hindu ruler. On partition Pakistan expected Kashmir to be annexed to it. Maharaja Hari Singh signed the instrument of accession that was accepted by the government of India on 27 October 1947. First Kashmir War, lasted until 1948, when India moved the issue to the UN under Article 35 for peaceful settlement of the issue. Following the setup of the UNCIP, the UN Security Council passed resolution 47 on 21 April 1948. The resolution imposed an immediate cease-fire. The ceasefire was enacted on 31 December 1948. In 1965 and 1971, heavy fighting again broke out between India and Pakistan. In 1989, a widespread armed insurgency started in Kashmir, since after the 1987 State elections disputes resulted in some of the state legislative assembly forming militant wings after the election creating the catalyst for the Mujahadeen insurgency, which continues to this day. In the mid 1999 insurgents and Pakistani soldiers from Pakistani Kashmir infiltrated into Jammu and Kashmir and resulted in Kargil War. Elections held in 2008 were generally regarded as fair by the United Nations High Commissioner for Refugees, had a high voter turnout in spite of calls by militants for a boycott and led to pro India Jammu and Kashmir National Conference forming the government in the state. Analysts have interpreted the high voter turnout in this election as a sign that the people of Kashmir have endorsed Indian rule in the state.
UN, UNCIP, UNHCR, East Pakistan