UN resolution for Kashmir
Resolution 38 (1948) was submitted by the representative of Belgium and adopted by the Security Council at its 229th meeting held on January 17, 1948
Having heard statements on the situation in Jammu & Kashmir from representatives of India and Pakistan, recognising the urgency of the situation, taking note of the telegram addressed on January 6, 1948 by its president to each of the parties and of their replies thereto; and in which they affirmed their intention to conform to the Charter of the United Nations.
The Security Council voted on Resolution 38 on January 17, 1948 favouring by Argentina, Belgium, Canada, China, Colombia, France, Syria, UK and USA.History is testimony to the fact that nightmare of Kashmiri people started centuries ago when foreigners established themselves as the lords and masters here. Since these unfortunate times everything from the king to the kingdom changed with the course of the time except for the perpetual sufferings of the people of Kashmir. 1947 was the end of the British sovereignty of myriads of Raja and Maharaja over different states in the subcontinent. The setting sun of the British Empire in India should logically have come as an opportunity for the people of J&K to unshackle themselves from the chains of slavery, but this was not to be fate; coupled with an intrigue between some influential locals and outsiders pushed the people here into yet another abyss of torture.
Since military intervention in the state of J&K in October 1947, GoI talked about the Plebiscite but to gain time. India went to UN in December 1947 to get Pakistan condemned as an aggressor, but came back with a rope called Plebiscite around their necks. On April 1948 the UNSC adopted a resolution asking both sides to stop fighting; to start a demilitarization process in the state; and to stop victimization and intimidation of people so that a peaceful atmosphere were ensured in the state for the conduct of a Plebiscite there. It also increased the strength of UNCIP to five members. The Resolution said, Pakistan should arrange the withdrawal of both tribesmen and Pakistani national involved in fighting from the state; India should reduce the number of its forces to the minimum to maintain law and order; and refugees should be allowed to return to their homes and political prisoners should be released unconditionally; when a peaceful atmosphere prevailed in the state through above mentioned steps by parties concerned, the UNO would appoint a Plebiscite administrator with sufficient powers to supervise the whole process of ascertaining the wishes of the people of the state. UNCIP, arrived in the subcontinent belatedly in July, 1948.
To arrive late was its first great mistake which surely prolonged the issue. By now the ground realities in the state of J&K had changed considerably. The commission asked Pakistan to withdraw its forces from the state completely. At the same time it asked India to withdraw bulk of its forces from the state. This was commission’s second and biggest mistake to ask one to withdraw completely and the other to do so partially without making alternate arrangements.
Since GoI never intended to grant Right of Self-determination to the people of J&K they put forward the same old hollow arguments. Security Council could not pressurise GoI to abide by the UN proposals with regard to demilitarisation of the state and appointment of a UN Plebiscite administrator. It was the duty of both parties to the dispute to respect its advice. This was unlikely. GoI had invoked its intervention in the matter with hope that it would get Pakistan condemned as an aggressor. They had talked of dialogue process, but only to flaunt to the international community that they stood for the everlasting settlement of Kashmir issue and also in order to gain time. J&K became a torturous hell for its own innocent inhabitants. The simplicity and innocence of the people here gave enough operating space to the heinous designs of some Kashmiri politicians who saw their political future in the subjugation of their own people. For the more than six decades, the hapless Kashmiri is doing everything possible to crush the wall of slavery and servitude.
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