Kashmir returning to UNSC raises several legal questions

  1. The UN Security Council will be meeting at the request of China and Pakistan to discuss India’s decision to revoke the special status of Jammu and Kashmir.
  2. The last time UNSC discussed Kashmir was in 1971 during the Bangladesh war which led to the Simla agreement.
  3. UNSC Resolution 307 had taken up the Kashmir issue in the backdrop of the war of 1971 while demanding ceasefire between India and Pakistan.
  4. But after the 1972 Simla Agreement between India and Pakistan,India had informed the U.N about the treaty which had turned Kashmir into a bilateral subject.
  5. Therefore,the UNSC first of all has to discuss if the members have the legal space to deal with the Kashmir issue as India and Pakistan had termed Kashmir as a bilateral issue through Simla treaty.
  6. However,diplomats have said that a mention of Kashmir in the UNSC is not a positive turn for India as it indicates that China is eager to pacify Pakistan’s concern.
  7. Further,Russia is also not willing to play the role that it used to play during the 1970s and 1980s when the fear of the veto from Soviet Union was a significant deterrent for any Pakistani action at the UNSC on Kashmir.
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