This misfortune people had to bear, because any international help may have Kashmir in limelight and politically internationalized in some way. This was a violation of A-55 of the UN Charter.
A Delhi-based journalist while concluding a heated discourse on Kashmir made a remark-advising people of J&K to join Assembly Elections. That, he said, will give a befitting answer to everyone who advocates self-determination. The local aspirants in elections and some inept observers make a distinction between elections that result in a regime carrying out anti-self-determination agenda and the alternative course of a sustained demand for this universal right envisaged in customary and international laws. Here are yet some feeble voices that use comparative political science study linking assembly elections to a road for achieving self-determination. They consider autonomy as half way house stop hoping to view the flourishing garden of freedom. It is unfortunate oversight of history in politics for them because autonomy and self-rule are a euphemism for unyielding domination.
Every time elections are declared, there is violence and bloodshed. It is so unfortunate that this sacred instrument of democracy is used to increase the suffering for people. This time round in Kashmir, there is an overarching sense of despondency in the total population. One-half survived the flood fury, some perished, the other half shared the bereavement. A call for voting is ill-timed and its urgency may serve political expediency but overrides first call on Right to Life offered to him in International Convention of Civil and Political Rights (ICCPR 1966 ) A-6(1) and a promise of a shelter International Convention on Economic, Social and Cultural Rights ( ICESCR 1966 ) A-11 (1). The rights have been reinforced in A-3 of Universal Declaration of Human Rights ( UDHR 1948). India is a prime signatory to these conventions. A-25 UDHR obliges governments to ensure health and well-being of their citizens. The half-standing structures covered in sludge full of biological, chemical and bacterial residues become potential health hazards. The quality and quantum of rehabilitation makes a case against governance. In law, the regime and its power source become ultra-vires. The world forums provide the remedy of the instrument of self-determination.
Why is it so important that people come out to vote for assembly elections in the first place? Some people in naivety question political movement’s achievements and self-determination for them is promoting tourism and the like. Others in ignorance make comparison with Scottish National Party and their failure to achieve independence. Regimes after regimes have been in power after the so-called elections. What is the extent of achievements that is ascribable to that political route? It is important for any development and progress of a nation that the indigenous citizenry become participants in that endeavour. It is also important that the participants are integral to the society with fully-fledged rights. They enjoy all the freedoms as enshrined in the corpus of Human Rights Law. In J&K those freedoms will also incorporate A-19 decree of expression. A society undermined with the burden of repressive laws and unmitigated influx of more peremptory regulation like jurisdiction of National Investigation Agency has a right to claim self-determination.
The UN Charter obliges States to make available to people international economic and health programs. There were offers of help to flood victim from other countries that did not materialise. This misfortune people had to bear, because any international help may have Kashmir in limelight and politically internationalized in some way. This was a violation of A-55 of the UN Charter.
There will be elections held no matter what the constraints are and a turn-out will become a reality. It has to be seen how much help the voting process receives with distance voting. Inevitable electioneering manipulations may spring surprises conducive to desired results. Who knows how will be the shape of things to come?