Undoubtedly, Modi, after coming to power, has taken numerous reckless measures in Indian-held Kashmir (IHK) that are directly in conflict with International law. He has breached Geneva Convention of 1949 by not prosecuting armed personnel involved in human rights abuses against the unarmed Kashmiris. Besides, his sinister move of revoking article 370 is against the United Nations Security Council’s (UNSC) Resolution 47, which calls for holding the free fair plebiscite to solve Kashmir dispute. Finally, he has also neglected the Shimla Agreement of 1972, under which the both countries agreed to prevent from taking any act detrimental to the maintenance of peaceful and harmonious relations between them. It is contested whether the Geneva Convention is applicable for Kashmir because it is the humanitarian international law during the war. However, the existence of occupation in Kashmir means the situation is international armed conflict. Thus, India is bound by all international humanitarian and customary laws.
Violation of international law by Modi in Kashmir is given below in details:
Geneva Conventions 1949
Attempting to change the demography of the disputed region is against the Article 49 of Geneva Convention 1949. India is trying to settle non-Kashmiris in the disputed territory of IHK after revoking its special-status. Besides, according to Geneva Convention, soldiers involved in the human rights abuses must be prosecuted, but not a single armed personnel is punished despite being involved in multiple cases of tortures and sexual abuses. Moreover, the Geneva Convention is a sort of humantarian law and ask for the better treatment of non-combatant. However, the human rights abuses in the territory at the hand of Indian armed forces bring the breach of the conventions before the world in the clear possible way.
For further study on human rights violation by India in Indian-Held Kashmir (IHK) that is totally against the Geneva Convention, please read the article from the link below:
The UNSC Resolution 47
The United Nation Security Council Resolution 47 states that the Kashmir dispute between India and Pakistan should be settled by holding plebiscite in the region. The people must be given a right of self-determination. However, India has never accepted this resolution and its current move of annexing the disputed territory has completely eliminated this opportunity and the right of self-determination of the people.
Shimla Agreement
As per Shimla Agreement, “Neither side shall unilaterally alter the situation and both shall prevent the organization, assistance, or encouragement of any act detrimental to the maintenance of peaceful and harmonious relations.” Since the repeal of Article 370 by Modi-led BJP government has affected the maintenance of friendly relations between India and Pakistan, it can be considered as the violation of Shimla Agreement.
Why Modi annexed the disputed territory of Kashmir? What is his motive? What else will he do? These are the questions that are confusing Muslims around the world after he took some bold and controversial moves in India. The problem is actually the policies of his political party. Bharatiya Janata Party (BJP) is a successor of Rastriya Swayamsevak Sangh (RSS) and formed in 1980. There were three main demands of RSS that are now being carried out by the BJP under the leadership of Modi. These demands included: uniform Civil Codes (scraping Muslim personal law), a Ram temple in a place of Babri mosque and annexation of Kashmir.
In order to make a uniform civil code, the parliament of India on 30th July 2019, under the government of BJP, declared the practice of triple talaq illegal and unconstitutional and made it a punishable act. This act was directed against the removing of Muslim Personal law and achieving the ambition of RSS. Besides, in August 2020, Modi laid the foundation of temple at the site of Babri mosque. Hindu fanatics first sacked the mosque in 1992 and now BJP-led government finally replaced it with the temple as per RSS objectives. Finally, on 5th August 2019, Modi revoked Article 370 and annexed the disputed land of IHK.
Conclusion
Thus, three crucial international laws are violated by Modi in Jammu and Kashmir namely, Geneva Convention, UNSC Resolution 47 and Shimla Agreement 1972 by acting on the policies of his political party, BJP, which is inspired by RSS and determined to fulfill its objectives.
