By: Prof. Aniruddha Babar
In continuation with DOT Talks Webinar Series of Tetso College,Dimapur; a ‘Public Lecture’ on the topic ‘Kaleidoscopic View of ‘Battle for Kashmir’ through the Prism of International Law” was organized on 15th June, 2020 with resource person Dr.Aniruddha Babar, Assistant Professor, Department of Political Science, Tetso College. The event was graced by the active participation of academicians and scholars.
Dr.Aniruddha Babar; a former Assistant Professor of Law, founding member of People’s Law Centre, Mumbai and a noted expert in International Law started his presentation with the examination of the cultural history of Kashmir which beautifully captured in a poem that he recited which reflected different shades of the region and its historical relationship and cultural bonding with Indian soil. As talk progressed speaker interwoven various historical events pertaining to the political history of India-Pakistan relationship and explained them in lucid language. He enlightened participants on relationship between Indian National Congress and Muslim League, Two Nation Theory of Mohd. Ali Jinnah, Government of India’s Policy on Princely States, Mahatma Gandhi’s stand on partition and the then position of Kashmir in the light of Indian Independence Act, 1947. He also elaborated and interpreted legal provisions of”Instrument of Accession” which was signed between ruler of the then princely state of Kashmir H.H. Raja Hari Singh and the Government of India and explained how the aggression of Pakistan sponsored PakhtunTribalsin-field supported by Pakistan Infantry divisions on Kashmir made the last Dogra King joined Union of India.
Dr.Aniruddha Babar had further shade light on the legal provisions of United Nations Security Council Resolution of 1948 which states that 1. Pakistan is aggressor state. 2. Issue is between State of J & K and India. 3. Pakistan has to vacate all occupied territory in state that it occupied by force and handover the vacated territory to India. 4. India has to remove all its forces leaving aside enough to maintain law & order. 5. India to conduct plebiscite in state, and how Pakistan’s stubborn attitude of not withdrawing its Armed forces as a necessary condition to be fulfilled under UNSC Resolution of 1948 from the areas of Kashmir that it illegally captured and occupied during First Kashmir war of 1947-48 laid the foundation of Kashmir dispute. Dr.Aniruddha further mentioned that, “Kashmir problem could have been solved had Pakistan been able to show its Bonafide intentions in constructive action; to comply with the legal requirements of UNSC Resolution”.
Speaker successfully engaged the participants in constructive dialogues on various important aspects of Kashmir issue like asymmetrical warfare strategy of Pakistan, systematic rise of radical Islam in the shadow of Wahabism which became instrumental in developing terrorism in the valley in the late 80’s that compelled Kashmiri Pandits to become refugee in their own country, positively supportive attitude of well-educated Kashmiri youth and their participation in nation building process, etc.
In the last part of his talk, speakergave a systematic analysis of various instances of terrorist attacks on Indian Armed forces and public places in Kashmir valley and strategic justification of India’s response through surgical strikes on various terrorist launchpads located in different parts of Pakistan Occupied Kashmir which it has done by redefining, reinterpreting and expanding the jurisdiction of “Doctrine of Hot Pursuit” in the light of “Doctrine of Self-Defence” in the jurisprudence of International Law; which already have a valid documented precedent in the action taken by USA Special Forces Commandos to neutralizeOsama Bin Laden at Abbottabad in Pakistan.
While dealing with various questions from participants speaker was asked by Prof. Dr.DebabrataSutradhar, an eminent scholar in International Economics, HOD of Dept. Economics, Tetso College to define latest U.N. position on Kashmir issue to which he answered that, “The Kashmir issue is a bilateral issue between India and Pakistan and will have to be solved bilaterally, therefore U.N. or any other country or international body, at present time, has no jurisdiction whatsoever”. Prof.Sutradharraised another question as to the ‘Systematic Islamic radicalization in Kashmir valley and its direct impact on the growth of Terrorism” to which Dr.Aniruddha answered that, “There has been a positive correlation between Islamic Radicalization and growth trajectory of Militancy in Kashmir, however, in those days of late 80s and 90s and also at present,as per various media reports, maximum militants have been of foreign origin and in today’s time common,‘well educated’ Kashmiri youth is not at all under radical influence or extremist ideology; rather young generation in Kashmir valley is more concern about quality higher Education, Career, growth and having peaceful life in India.” The question as to the relevance and legal validity of Radcliff Line was also raised by Dr.RimmeiLongmei, an expert and recognized scholar in International Relations, HOD of Dept. of Political Science, Tetso College; to which speaker responded that “The Radcliffe line was a history. The moment Pakistanis attacked Kashmir and India fought a good battle to defend Kashmir, the geo-political dynamics of the region changed. Ceased fire was called with the involvement of United Nations and the Line of Control was drawn on the basis of areas occupied by both the forces as a result of first Indo-Pak war. Pakistan is still illegally occupying parts of Kashmir which India officially claims. Hence LOC is demarcated border that separates Indian Kashmir from Pakistan Occupied Kashmir.”However, he further observed, “Weather prediction of the regions of Pakistan Occupied Kashmir by Indian Meteorological Department gives clear message to our neighbours that India is politically as well as militarily fully determined to take back all the parts of Kashmir which Pakistan has illegally captured and occupied for seventy years”.
The Webinar ended with Moderator Prof. Dr.RimmeiLongmei thanking participants and the resource person.
The writer is a PhD, MA (IGNOU), LLB (GLC, Bombay), LLM (University of Pune), Asst. Professor of Political Science Dept. Of Political Science Tetso College, Dimapur, Nagaland and Former Advocate (The Bombay High Court OS/AS)
