Legal Perspectives on the Kashmir Issue

Abstract

The Kashmir issue is a complex geopolitical conflict involving legal, historical, and political perspectives that have influenced its status since India's partition in 1947. This dispute primarily concerns the territorial claims by India and Pakistan, with roots in the princely state of Jammu and Kashmir's accession to India under controversial conditions. From a legal standpoint, the issue revolves around various international and bilateral agreements, including the Instrument of Accession, United Nations resolutions, and the Simla Agreement. The abrogation of Article 370 in 2019 by India, which previously granted Jammu and Kashmir special autonomy, has further intensified legal debates, raising concerns about constitutional validity, human rights, and the right to self-determination for Kashmiris. This paper explores these legal perspectives, shedding light on the conflicting national and international legal frameworks, and highlights the challenges in reaching a peaceful resolution for the region.