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Islamabad

September 17, 2017

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JKCHR defends State Subject Law at UN

JKCHR defends State Subject Law at UN

Islamabad

Jammu and Kashmir Council for Human Rights (JKCHR) defended the State Subject Law at the United Nations by highlighting that Government of India has a policy to change the demography of the occupied Jammu and Kashmir. It pointed out that in addition to the use of its military to create a number deficit, Government of India has started using the judiciary to disturb the State Subject Law and open up the part of the State under its control to the entry and settlement of non-Kashmiri (non-State), Indian citizens, says a press release.

This was revealed in the second paper of the JKCHR received by the UN Secretary General has been released as a UN General Assembly document under agenda item 4 at the 36th session of Human Rights Council in Geneva. The paper states that out of the six principal works entrusted to Human Rights Council, the last three in the list, namely to “check what governments do to protect the rights of people in their countries”, “check if governments do what they agreed on at the United Nations” and “help people whose rights were taken away” merit an immediate appraisal in relation to the people of the State of Jammu and Kashmir. The people are waiting for a UN supervised referendum since 13 August 1948.

The paper has brought to the attention of the Council that, earlier until 30 March 1959 Indian citizens were required an Entry Permit to enter the State of Jammu and Kashmir.  The decision of the Government of Jammu and Kashmir (Indian administered) to rescind Jammu and Kashmir Government Order No.171 of 1957 dated 18th October 1957 and issue Jammu and Kashmir Government Notification No IS-4 of 1959 dated 30 March 1959, allowing travel without a permit to Indian citizens, from 01 April 1959 has no merit and is a violation of UN Security Council Resolution of 30 March 1951. Prime Minister elected from only a part of the State had no executive authority to abolish the permit restrictions.

The document released as UN General Assembly document on “Protection of State Subject Law” has highlighted that, in February 1948 Indian Government with the assistance of Sheikh Abdullah pleaded a ‘sovereign status” for the Government of Jammu and Kashmir at the UN. The sovereignty plea made has been granted by the United Nations. It was in exercise of this sovereignty of the State that Indian citizens required an entry permit.

JKCHR document alerts the Council that Government of India has now encouraged RSS-backed think-tank ‘Jammu Kashmir Study Centre’ to seek the abrogation of article 35-A from the Supreme Court. On 09 September 1959 Government of Pakistan has raised the question of extension of the jurisdiction of the Supreme Court of India to the disputed State. Indian Government wants to disturb the State Subject Law in the disputed State and make room for the settlement of non-Kashmiris in the State, to influence the UN supervised referendum in the State.

JKCHR paper states that the situation in the Indian administered part of Kashmir has highlighted the scope of International Court of Justice, to adjudicate upon matters arising out of the failure in implementing the UN Resolutions or on other acts that have hurt the right of self-determination and disturbed the restraint of India and Pakistan.

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