Unravelling the Kashmir Knot’ by Dr. Hingorani, who succinctly addressed and discussed the legal nuances of the Kashmir stalemate, was a book review session at the University of Cambridge.
He briefly mentioned about how the contextual evolution of the problem occurred beginning with British interests in the ‘Great Game’. Thereafter habitual bungling by Indian governments and inadequacies of solutions proposed (including Kasuri’s, which I briefly got to discuss with him) have just led to a never-ending limbo on this issue.
Figure: The Instrument of Merger by the state of Jammu and Kashmir
Even as the conditional nature of the accession was put into place later on by the Indian government, he raised the vital question whether it was under its jurisdiction to do so in the first place, since the instruments of mergers were independent of the dominions and as much in significance as the laws that created India and Pakistan. Though the ICJ could chalk out a possible way in the problem, but even to proceed with such a step there are systemic barriers that need to be crossed with all the stakeholders taken into confidence.
A riveting thesis!