Analyze how India handled the Jammu and Kashmir’s invasion of Pakistan in 1947?

Published: September 25, 2019

After the abrogation of special status to Jammu and Kashmir under Article 370, there have been widespread discussions over how India handled the invasion of Pakistan in 1947. The invasion and subsequent tussle ended with a ceasefire.

Then Prime Minister Pandit Nehru is criticized for taking the matter of Pakistani Invasion to the United Nations under Article 35 of the UN Charter, instead of Article 51. It is said that the outcome would have been different if India had taken the matter to the UN under Article 51.

How the ceasefire came into being?

The ceasefire was brokered by a United Nations Mission. India reported the aggression of Pakistan to the United Nations Security Council (UNSC) in the region of Jammu and Kashmir and pointed out that J&K had acceded to India under Article 35 of the UN Charter.

Pakistan denying India’s complaints and argued that India’s complaint under Article 35 contained a threat of direct attack against it. Even Pakistan brought the Security Council’s attention concerns against India under the same article 35 accused India of“genocide of Muslims”, “failure to implement agreements between the two countries”, “unlawful occupation of Junagadh” and “India’s actions in Jammu & Kashmir”.

Article 35

Articles 33-38 are placed under chapter 6 titled “Pacific Settlement of Disputes” in the UN Charter. These 6 articles empowers the UNSC to step in if the parties to a dispute that has the potential for endangering international peace and security are not able to resolve the matter through negotiations between them, or by any other peaceful means, or with the help of a regional agency and to recommend appropriate procedures or methods of recommendation.

Article 35 enables any member state to take a dispute to the Security Council or General Assembly.

Article 51

Article 51 is placed under the Chapter 7 titled “Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression”. The chapter assumes that the Security Council is already seized of the situation.

Article 51 recognizes the inherent right of a UN member state for self defence. The article enables the member state to take necessary steps when attacked to maintain international peace and security till such time that the Security Council has taken necessary measures.

The article requires the member state to immediately report the steps taken to the Security Council and to ensure the steps taken doesn’t undermine the authority and responsibility of the Security Council.

How did UN Act?

A United Nations Mission was set up by invoking article 34 to investigate facts of the situation, and to exercise any mediatory influence which are likely to smooth away difficulties.

The five-member Mission consisting of members nominated by India and Pakistan, and three others, eventually brokered the cessation of hostilities from January 1, 1949, and the establishment of a ceasefire line on July 27, 1949.

This resulted in Pakistan having with itself, the areas of Jammu & Kashmir that were under its control on that day. This ceasefire line came to be termed the Line of Control in the Simla Agreement of 1972.

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