The right to self-determination is an integral part of the charter of the United Nations which came into force on October 24, 1945. The Article 1(2) states “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;”[1]
Having right to self-determination as its core value, it is no surprise that while accepting the disputed nature of the state of Jammu and Kashmir between India and Pakistan, the United Nations Commission for India and Pakistan (UNCIP) on January 5th, 1949 guaranteed the right of the Kashmiri people to determine their future by stating “The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite;”[2] Thus, January 5, 1949 marks a high point in the struggle of the Kashmiri people for their inalienable right to self-determination.
