Dialogue between India and Pakistan: A Solution of Kashmir Issue

Abstract

The main argument of this study is that the issue of Kashmir can be resolved through the third party intervention. It is also argued in the study that the resolution of issue needs to be resolved in order to avoid Nuclearization in South Asian region. The study concludes key arguments about Kashmir. This dissertation is divided into seven chapters. The first chapter articulates the fact that the legal position of these states was that they could join India, Pakistan or remain independent. However, Kashmir was forcibly occupied by India. Illegal annexation of Kashmir by India not only undermined the legal statutes of the state of Kashmir but also violated main principles of the Partition Plan. It is stated that according to the plan the areas joining India or Pakistan were to be considered on the basis of geographical nearness and cultural similarity. These factors were in the favor of Kashmir’s annexation with Pakistan which was not acceptable to India. Thus, India engaged Kashmir without considering the legal aspects of the partition. This situation developed the dispute between India and Pakistan. United Nations have tried passed several resolutions but the same were not implemented by India. It is concluded that conflict of Kashmir was an outcome of unfair Partition Plan. The second Chapter is about research methodology. It gives consolidated literature review which is focused on main concepts and key arguments. This chapter also includes objectives and research questions of the study followed by justification. The third chapter of thesis engages the readers in understanding moral and legal aspects of Kashmir. This chapter uses the legal documents to demonstrate that the argument concluded between Maharaja and the British Government was based on certain terms and conditions which have been described under various articles of the treaty. In addition, the chapter also deals with standstill agreement of Jammu and Kashmir with Pakistan. Pakistan responded to the agreement indicates that both parties accepted the argument. However, it can also be noted that there was no such settlement concluded between Jammu and Kashmir and India. The second part of the chapter deals with various point of views which can be interpreted as Indian standpoint, Pakistan perception and Kashmiri people’s views. These perspectives can be used to understand the issue of Kashmir and to solve it amicably. However, the conflict among the various stakeholders could lead to increase the nuclear tension and could convert this problem into nuclear clash. The third part of the chapter concludes that the process of nuclear proliferation was an outcome of unresolved issue of Kashmir, which is a major concern of international community. The fourth chapter focuses on the United Nations initiatives, taken by the international organization since, 1948, the complete resolutions, the report of commissions, efforts of different legal, political, international law experts to resolve the dispute between India & Pakistan, on the issue of Kashmir. The chapter also highlights the positive outcomes of international community specially, United States of America, United Kingdom and others as third party facilitators to resolve this issue properly. The chapter reflects the clear picture about the parties involved and their attitude to resolve this issue and defines the stumbling block, deadlock created by one party to the other. The chapter will further facilitate researchers, scholars and governments of India and Pakistan to initiate new level of dialogue to resolve this core issue of South Asia for the peace and stability of the region. The fifth chapter concludes the major events of history, past, present and future developments related to the dialogue process between the leaders of Pakistan and India on the Kashmir issue, if we remind the series of negotiated settlements since 1947 and onwards. The chapter has examined various factors for partition and concluded that joining of the people of Kashmir. After partition, the talks between newly established countries of Pakistan and India began on the question of Kashmir issue. The political leadership of India always showed myopic vision and refused to accept any logic to the just and fair solution of the State of Jammu and Kashmir, so she used delaying tactics and aggressive, illogical attitude towards Pakistani leadership and the people of Jammu and Kashmir State. Thus, it is argued in this chapter, that there is a need to change the attitude of Indian leadership. It is further argued that Indian leaders should not undermine the moral authority of United Nations. They should respect United Nations Security Council Resolutions and facilitations offered by International community and friendly nations. There is a need of displaying positive political vision, flexibility and accommodative thinking. The sixth chapter is based on the exploration of various proposals to form new recommendations for the solution of Kashmir problem. This chapter also justifies the need to initiate dialogue process between two countries and it also justifies the need for third party involvement. The United Nations, international super powers, like United States of America, Russia, United Kingdom and friendly countries need to play an effective role in the resolution of Kashmir issue. The chapter also has also investigated the theories of resolution in the international context expressed by Jagat Mehta, B. G. Verghese proposal, the Galbraith plan (Harvard Exercise) which proposed opening of road across the cease- fire line between Rawalpindi and Srinagar. These theories can also help to reduce the intensity of conflict. In addition, the conclusion draws attention of political leadership of both India and Pakistan to show flexibility and political acumen, intellectual wisdom and broad mindedness to address and resolve the issue of Kashmir. The seventh chapter is focused on the conclusion and recommendations about the issue of Kashmir.