КАШМИРСКАЯ ПРОБЛЕМА: МЕЖДУНАРОДНО-ПРАВОВОЙ АСПЕКТ

Abstract

A complex of political, economic and military-strategic problems arose on the territory of the former Principality of Jammu and Kashmir, which were accompanied by serious violations of human rights. The basis of the Kashmir dispute is the incompatibility of approaches to solving the fate of the Principality on the part of secularist India and Muslim Pakistan. for which the religious principle applied during the partition of British India in 1947 was identified with the ‘theory of two nations’. In the context of the first Indo-Pakistani conflict,Maharaja Hari Singh informed the Viceroy of India of the decision to join it, provided that article 370 on granting special rights to Jammu and Kashmir would be included in the text of the Constitution. The situation in Jammu and Kashmir is characterized by instability, movements of pro-Pakistani separatists, which caused three Indo-Pakistani wars. The issue of the situation in Kashmir is being discussed in the UN Commission on Human Rights, in human rights organizations, including Islamic ones, which insist on holding a plebiscite in Kashmir in order to ensure its citizens the right to choose between India and Pakistan. The Government of India has decided to actually liquidate the state and divide it into two union territories: Jammu and Kashmir and Ladakh, which come under the direct control of the center. The country’s leadership believes that the measures taken will contribute to strengthening the constitutional order of India, equalizing the rights of states and union territories.