Jaishankar's bizarre rhetoric on Kashmir

The international order established after the Second World War was meant to create a safer world and avoid mistakes of the past that kept Europe engrossed in death and destruction in the first half of the twentieth century. The establishment of the United Nations and adoption of its charter mandated the organisation to take effective measures for the protection of the rights of the nations; forbade the use or threat of use of force; and allowed the right to self-determination [Article 1(2) of the UN Charter]. The death and destruction of the Second World War weakened the big powers with the realisation that the present order based on conquests may not stand anymore.

The issues of Kashmir and Palestine are the legacies of the colonial rule in which people were deprived of their right to self-determination; their plight continues to this date. Israel has used the salami tactics to slice off Palestinian territory and continues this tactic. Take a look at the Israeli map in 1948 when it took birth by dislodging the Palestinian people. Israel has increased its territory three times since then. Its adventure of depriving the hapless Palestinians continues unabated with the support of the big powers, led by the United States.

The people of Jammu and Kashmir have faced the same tragedy since 1947. Initially, India assured the people of Kashmir that they would be given the right to exercise their will through a UN-supervised plebiscite in the name of managing the affairs of the state. Special provisions in the Indian constitution (articles 370 and 35-A) were meant to assure the Kashmiris that their self-determination rights would not be affected. The UN resolution 91 (1951) unequivocally challenged the Indian sham elections by declaring that any administrative or political measures taken by India would not constitute the exercise of the will of the people, which would be possible only through a UN-supervised plebiscite.

What India did on 5 August 2019 was challenging the international order enshrined in the UN charter. By revoking articles 370 and 35-A, the Hindu nationalist government of Prime Minister Narendra Modi not only swallowed the entire state of occupied Jammu and Kashmir but also reduced its status to a union territory under the Lieutenant Governor - an administrative office under the supervision of Home Ministry in the Centre. Subsequently, India has imposed extended lockdowns and curfews; jailed all the genuine Kashmir leaders; violently suppressed peaceful protests; resorted to extrajudicial killings of innocent Kashmiris in fake encounters and so-called cordon and search operations; and imposed collective punishments, destroying entire villages. Access to occupied Kashmir, demanded by the UN High Commission for Human Rights and over a dozen Special Rapporteurs, has been denied by New Delhi.

The purpose of the entire exercise was obvious: to change the demography of the Muslim-majority state to a Hindu majority state and present to the world "the final solution" of the Jammu and Kashmir dispute as a fait accompli.

During his address at the UN General Assembly on 28 September, External Affairs Minister Jaishankar enlightened his audience that "[the] UN is a testimony to the agreed principles and shared objectives of the world order. Respect for international law and commitments are among the foremost." He continued: "If we are to ensure global security and stability, then it is essential that those who seek to lead set the right example. Nor can we countenance egregious violations of our basic tenets."

But Mr Jaishankar contradicted himself when declaring Pakistan a guilty party and telling the world that "the issue to be resolved between us is now only the vacation of illegally occupied Indian territory by Pakistan." By using such belligerent language, the Indian minister made fun of the international body and its resolutions calling for granting Kashmiris their inalienable right to self-determination. The presence of the United Nations Military Observer Group in India and Pakistan (UNMOGIP) should remind the Hindutva dispensation that Kashmir remains a dispute unless decided under the UN resolutions or by the parties (India and Pakistan). Therefore, India, through bizarre rhetoric, cannot wish away Pakistan's locus standi on Kashmir. Amazingly, India aspires to become a permanent member of the UN Security Council while conveniently flouting this august body's resolutions and decisions.

Another favourite theme trumpeted by the Indian hawks, especially Mr Jaishankar, against Pakistan is terrorism without realising that the Indian state terrorism is the root cause of unrest in the illegally occupied Jammu and Kashmir. There is a need to address the root causes of terrorism, such as poverty, injustice and foreign occupation, and distinguish genuine freedom struggles from terrorism. Suppose India is interested in addressing the "terrorism" issue. In that case, it should make common causes with Pakistan's proposal presented by Prime Minister Shehbaz Sharif in the UNGA last year of creating a Committee of the General Assembly to oversee the balanced implementation of all four pillars of the Global Counter-Terrorism Strategy.

Unfortunately, Pakistan bashing has been a favourite business of the Indian ruling elite across the board, but the Hindutva forces have crossed all the limits of decency. The acerbic remarks against Pakistan, such as "making Pakistan irrelevant", reflect the mindset rooted in hate and Islamophobia. No wonder India is in cahoots with Israel in the ongoing genocide in Gaza and Lebanon and the target killings in Iran. Indian soldiers or nationals are serving "shoulder-to-shoulder" with the Israeli genocide forces. Mr Jaishankar's one-line statement about "war in Ukraine and conflict in Gaza" looked like running with the hare and hunting with the hound; moreover, India has yet to call Israeli actions genocide. Both Israel and India may use brutal power to subjugate the people against their will, but history has proved that you cannot win against the will of the people.