Kashmir  is recognized as a disputed territory by the international community. 

On  January 1948, the United Nations Security Council  adopted Resolution 39 establishing the United Nations Commission for India and Pakistan (UNCIP) to investigate and mediate the dispute. The UNSC Resolution 47, adopted on April 21, 1948, mandated a plebiscite to decide the fate of Kashmir. Later, subsequent UNSC resolutions reiterated the same. The United Nations Military Observer Group in India and Pakistan (UNMOGIP) arrived in the mission area in January 1949 to supervise the ceasefire. But the ceasefire violations by India have continued over the years.

International Commission of Jurists (ICJ) passed a resolution in 1993 in Geneva, proclaiming Kashmir’s accession to India  null and void. India has never produced the original copy of the Instrument of Accession on an international forum, claiming in 1995 that the original document was lost or stolen. 

The people in Indian occupied Kashmir have suffered massive human rights abuses and since 1947, so far more than 200,000 Kashmiris have been killed by the Indian forces, more than 10,000 people are missing, around 22,826 Kashmiri women have been widowed, 10,717 Kashmiri women have been gang raped and about 107,591 children have been orphaned. Besides, there are an estimated 1500 half-widow wives whose husbands have disappeared but not yet declared as dead.

 International Committee of the Red Cross (ICRC) concluded that India “condones torture” and that the torture victims were civilians as militants were routinely killed. It claimed tens of thousands of lives, including large numbers of civilians who were targeted by security forces. In 852 cases, the detainees reported ill-treatment, the ICRC said. A total of 171 described being beaten and 681 said they had been subjected to one or more of six forms of torture. These included 498 on which electricity had been used, 381 who had been suspended from the ceiling, 294 who had muscles crushed in their legs by prison personnel sitting on a bar placed across their thighs, 181 whose legs had been stretched by being “split 180 degrees”, 234 tortured with water and 302 “sexual” cases.

 since 1993 India has not allowed in the valley the UN’s special rapporteur for torture and has also not ratified the UN Convention against torture.

Zeshan Hamid