Yes, we know that UN resolutions on Kashmir fall under chapter VI of the UN Charter, which unlike chapter VII, does not mandate use of military force for their implementation by UN. But the question is if the parties to the dispute fail to arrive at a mutually agreeable settlement and one or both parties indulge in brutal suppression to bludgeon people into submission, does that impediment restricts UN from taking cognizance, suo-moto) as it does in scores of cases which too do not come under Chapter VII.
Further we must know that deployment of UN observers across the cease fire line (now LoC) in Srinagar and
Muzaffarabad draw its authentic originality not from Chapter VI but from chapter VII. That means Kashmir dispute has its disputed nature sanctioned from the provisions that fall under chapter VI and chapter VII, both.
To reinforce their argument they often and repeatedly mention that geo-politics of the region and post 9/11 scenario does not allow redrawing of borders. That in, euphemism, is invitation to accept the status-quo. This is canard, a political construct. The national borders continue to be redrawn and that is evident from the emergence of several free nation-states dotting the globe. East Timur, Kosovo and the latest addition South Sudan’s independence reveal that right to self-determination under UN auspices has held the test of the time and thus confirms the practicality of the UN resolutions on Kashmir .
Summer uprising demolished all India narrative and convulsively shook conscience of many Indians as well. Some powerful voices in Indian media boldly advocated freedom for Kashmiris. To the respectable names of Arun Dhati, Gautam Navlikha has joined leading and powerful voices in Indian media like Swaminathan Ayiar, Jug Suraya and scores of others. Even when streets in Srinagar and other main towns in Kashmir look “calm and cool” – thanks to the gagging of political dissent – some conscientious citizens of India like Prashant Bhushan (an eminent Supreme Court lawyer and member of Team Anna) feel constrained to support Kashmir cause and acknowledge that ‘UN-mandated plebiscite’ is the only viable option for settling the issue.
In this backdrop the advocacy of ‘irrelevance’ of UN resolutions smacks not only bankruptcy of thought but a design to roll back the movement and compromise a status-quo. That, however is not possible. Kashmiris have written their verdict on the wall of resistance with blood. They have overcome worst of worst and are prudent enough and courageous enough to lead the struggle to logical conclusion. The furor witnessed against the political posturing of the Mirwaiz-led Huriyat has unnerved the leadership. Their plight today is like that of a rabbit caught in the headlights of a car, who does not know which way to run. Another contagion that has spread from New Delhi .
The point is how long those who stood on their feet and openly registered their protest and anger against attempts in Huryat (M) to derail Huryat of its goal would bear with this sort of mental suffocation and allow violators of Huryat Constitution to let go and enjoy a berth in executive council.
Those who sang the dirge of ‘redundance’ of UN resolutions on Kashmir have, as does the ground situation reflect, themselves got redundant. Witness the anger and venom directed at them by the people and the vitriolic attack from local media. And see the dissention in the Mirwaiz group itself. It is as if Nemesis has stalked them fast on their doors. The sacred bloods has spoken alive and whacked them down in ignominy. Beware, the people know your number and the size. The fast awakening Kashmir , in particular, the young educated class know how to defend the sacred cause. Kashmir is not on sale for someone’s parody or for someone’s luxury. That day has gone. Gone for ever.