Legal Aspects of the Kashmir Problem

617 Pages·2002·151.114 MB·English

by  H. S. Gururaja Rao

LEGAL ASPECTS OF
THE KASHMIR PROBLEM
H S Gururaja Rao
4
MINERVA PRESS
NEWDELHI
LONDON MUMBAI

LEGAL ASPECTS OF
THE KASHMIR PROBLEM
H S Gururaja Rao
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MINERVA PRESS
NEwDELHI
LONDON MUMBAI
LEGAL ASPECTS OF THE KASHMIR PROBLEM
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K~ Copyright H S Gururaja Rao 2002
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All Rights Reserved
No part of this book may be reproduced in any form
by photocopying or by any electronic or mcchanial means,
including information storage or retrieval systems,
without permission in writing from both the copyright
owner and the publisher of this book.
ISBN 81 7662 197 8
First Published 1967
Second Edition 2002 by
MINERVA PRESS
13 Palam Marg
Vasant Vihar
New Delhi-110 057
Printed & bound in India
for Minerva Press (India) Pvt. Ltd.
LEGAL ASPECTS OF
THE KASHMIR PROBLEM
To the memory ofm y parents
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FOREWORD
I am happy to contribute this Foreword to this edition of Sri H S Gururaja Rao's treatise on
the 'Legal and Constitutional Issues of the Kashmir Problem'. I have known Sri Gururaja
Rao, Senior Advocate, Supreme Court as a learned lawyer and an able advocate. But another
scholarly dimension of his personality is unfolded by this work on the legal aspects of the
Kashmir problem. In the Foreword to the First Edition, Mr M C Setalvad paid a tribute to
the author. He said:
The author of this publication has made an admirable study of some of these legal aspects ...
The foremost in importance is perhaps the chapter on the competence of the Security
Council which deals with the scope and extent of the power of that body in dealing with a
situation referred to it by a member under Article 35, as happened in the case of Kashmir. The
author has dealt with this question from various points of view and has raised questions as to
the validity and effect of the action of the Security Council and the UNCIP Resolutions.
The author has traced the constitutional history of the integration of Indian states with, of
course, special emphasis on the integration of the state of Jammu and Kashmir. The
voluminous documents that he has examined, and has appended to his work, indicate the
magnitude of the research endeavour that has gone into the preparation of the book. The
book has been updated by the addition of a new chapter entitled 'Dangerous Game'. Sri Rao
reminds us that 'Revolt and terror pay a price, order and law have a cost'.
In making a special reference to what he perceives as a definitive shift in the US policy
on the Kashmir issue, he recalls what President Clinton had to say in his address to the
Pakistani nation. President Clinton reportedly said:
Lilce all key moments in human history, this one poses some hard choices, for this era does
not reward people who strugle in vain to redraw borders with blood. It belon~ to those with
the vision to lc;,ok beyond borders, for partners and commerce and trade. It does not favour
nations where governments claim all the power to solve every problem. Instead, it favours
nations where the people have the freedom and responsibility to shape their own destiny.
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Mr Clinton added:
Again, you must make the decision ... Are you really more secure today, than you were before
you tested nuclear weapons? Will these weapons make war with India less likely or simply
more deadly? But a stark truth must also be faced. There is no military solution to Kashmir;
international sympathy, support and intervention cannot be won by provoking a bigger,
bloodier conflict. On the contrary, sympathy and support will be lost. And no matter how
great the grievance, it is wrong to support attacks against civilians across the Line of Control.
The author also cautions . the international groups against suggesting things, which are
'intellectually unacceptable, legally untenable, morally futile and politically dangerous'.
Sri Gururaja Rao's analysis of the doctrine of self-determination is an important
contribution. The present predicament of the state of Jammu and Kashmir and more
particularly of its hapless citizenry is the result of certain irreversible movements of history.
The problem has far too long been the plaything of international power politics. It is now
·at, what some perceive, a flashpoint, threatening the peace and security of the entire region.
The global phenomenon of increased emphasis on violent means to achieve political goals
has greatly enhanced the scale, range and depth of risks to human security. As is often said,
there is never a good war nor a bad peace.
Sri Gururaja Rao's excellent contribution to the analysis of the problem and its possible
solutions is a fresh breeze on a topic that has become stagnant and banal by reason of
stereotyped analysis and approach. This scholarly contribution of Sri Gururaja Rao will
serve to clear many legal misconceptions of the constitutional issues involved and prevent
persistence ofd ilemmas either inherited or contrived.
Overall, an eminently readable book.
M N Venkatachaliah
·New Delhi
26 December 2001
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