ABSTRACT

This chapter discusses the legal aspect of the accession of Jammu and Kashmir to India in 1947, and the integration by India and Pakistan of portions of Kashmir under their respective control regardless of the objections of the United Nations. Kashmir had legally acceded to India and an attack on any part of Kashmir, therefore, became an aggression against Indian territory. Pakistan charged India with obtaining the accession of the State of Jammu and Kashmir "by fraud and violence". Pakistan introduced a new party into the dispute namely, the "Azad Kashmir" Government, which was being established in the territory occupied by the invaders. Kashmir became an issue in the Cold War rivalry between the superpowers which was reflected in the voting pattern in the Security Council whenever the question came up for a vote. A number of proposals on Kashmir supported by the Anglo-American bloc were vetoed by the Soviet Union.