India has once again spurned the possibility of dialogue to ease tensions in Kashmir that have gripped the area causing senseless violence and bloodshed. In response to Pakistan’s invitation for talks, it said that although it was willing to engage Pakistan on Kashmir, it would do so only in the context of cross-border terrorism. Indian High Commissioner Mr Bambawale, in his meeting with Aizaz Chaudhry, conveyed Indian External Affairs Secretary S. Jaishankar’s willingness to visit Islamabad for the proposed meeting, but on “Delhi’s own terms and agenda”. In other words, India will continue to remain deaf to the plight of the Kashmiri people and remain stubborn in its stance to see Kashmir as an “internal” matter, all the while rejecting the slightest likelihood of resolution.

Indian authorities have attempted to quell the wave of uprising that has gripped Kashmir, killing about 70 people and injuring thousands other, many of whom have lost their eyesight because of the use of pellet guns by the security forces. Constant curfew and a complete media blackout of the Valley has been maintained for five weeks. This is not just the “Pakistani version” of things, the UN and Amnesty International are also alarmed. The United Nations High Commissioner for Human Rights has offered to send fact-finding missions to both India-held Kashmir (IHK) and Azad Jammu and Kashmir (AJK). While Pakistan is more than happy to open its doors for a possible intervention, the Indian side has denied access to the UN for obvious reasons. Meanwhile Amnesty International has temporarily closed their offices for fear of security, after they were wrongly accused of raising pro-Pakistan slogans at a seminar.

As long as the Pakistani position remains that the agitation in the Valley against Indian rule was fully indigenous and does not constitute terrorism, India will have a ruse to reject dialogue. The United Nations Security Council Resolution 47, adopted on April 21, 1948, for the resolution of the Kashmir conflict, was passed under Chapter VI of UN Charter. Resolutions passed under Chapter VI of the UN charter are considered non-binding and hence have no mandatory enforceability. This added to the other main reason for the failure of a solution: the UN Security Council’s view of the dispute as primarily a political dispute without referring sufficiently to the legal framework of Indian and Pakistani claims to Kashmir. The dire condition of the Kashmiri people under the Indian rule calls for the Security Council to reinsert itself as a mediator by understanding this failure and by reengaging India, which has become resistant in the last thirty years to international mediation in Kashmir.