Kashmir Issue In The United Nations 1948-58

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When Indian military operations on Kashmir in 1948 became a costly and complicated affair, they took this issue to the United Nations. Under Article 35 of the Charter VI, which relates to Pacific settlement of Disputes. India complained that Pakistan was responsible for the disturbances. Pakistan on the other hand questioned the validity of the accession of the state to India, and so challenged the very basis of India claim to forcibly occupy and hold the State of Jammu and Kashmir. Pakistan made it clear that the only practical solution of the problem is a fair and impartial plebiscite under the United Nations. However Pakistan demanded the withdrawal of the Indian Army from the State, and the establishment of a neutral administration. If these conditions were created, Pakistan under took to use its moral influence over the tribesmen to with draw from the state.

For the solution of this issue Security Council appointed a United Nations Commission for India and Pakistan (U.N.C.I.P). The commission presented two resolutions before the Security Council, which were passed on August 13, 1948 and January 1, 1949. The two resolutions constitute the International agreement that binds India Pakistan and the United Nations on the question of the State of Jammu and Kashmir. Both India and Pakistan agreed on the resolutions at that time. These resolutions provided that:

  • Cease-fire: the issue of cease-fire order and the demarcation of cease fire line.
  • Truce agreement: The demilitarization of the state of Jammu and Kashmir.
  • Plebiscite: A free and impartial plebiscite will be conducted by the United Nations to determine the question of the accession of the State of Jammu and Kashmir to India or to Pakistan.

Due to this agreement, fighting in the State stopped in early January 1949. Thus the first part of the agreement was implemented. There was some advance towards the implementation of the second part, when Pakistan without waiting for a Truce Agreement secured withdrawal of tribesmen. Any further progress was however, blocked when India refused to synchronize the withdrawal of both Indian and Pakistani armies. Since then numerous attempts on the part of the Security Council and its various representative have failed to secure an agreement on the issue of demilitarization.

In March 1949, UNCIP conveyed a meeting of the representatives of the two parties at which, they were invited to present for discussion their proposals for the implementation of the second part of the earlier resolutions. Pakistan compiled and suggested a framework with in which the High Command of the two armies could work out together the plan for the withdrawal program. However India did not submit any plan for joint discussion and agreement.

UNCIP proposed on August 26, 1949 that the two governments to submit to arbitration the difference existing between them concerning all questions regarding the implementation of part two of the resolution of August 13, 1948. The arbitrator was to decide these questions according to equity, his decision to be binding on both parties. This proposal was endorsed in a public appeal addressed to the Prime Ministers of India and Pakistan by Mr. Truman, President of the United States, and Mr. Attlee, Prime Minister of the United Kingdom. Pakistan agreed to this course of action, but India rejected it.

Mac-Naughton of Canada, who was the president of the Security Council himself tried to examine with the

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