Taking Kashmir to ICJ not feasible: CJI TS Thakur

Justice Thakur says that there is no easy solution for Kashmir

GN Bureau | May 10, 2016


#chief justice of India   #International Court of Justice   #Pakistan   #Kashmir   #arbitration  
CJI TS Thakur
CJI TS Thakur

 Chief Justice of India T S Thakur has opposed the idea of India seeking arbitration of Kashmir dispute with Pakistan at the international court of Justice [ICJ].

Speaking at the launch of Aman H Hingorani’s book “ Unravelling the Kashmir knot” published by Sage Publications in Delhi on Monday, Justice Thakur said that at the moment, Kashmir  issue seems beyond solution.  Advocate Hingorani’s book explores the legal and constitutional backdrop of the Kashmir dispute and also concludes that India should go to the ICJ against Pakistan and China for reclaiming its territory.

 Justice Thakur, who hails from the state, however, said that had this [going to ICJ] been a viable solution, the government would have opted for it long ago.

 He said the present turmoil in Kashmir is rooted in an ideology that Hindus and Muslims cannot live together. “This thought process had led to the partition, but Kashmiris had out rightly rejected it then.”  Justice Thakur said though Pakistan emerged as a state exclusively for Muslims, India had rejected this idea on the belief that we, Indians, are an inclusive society.

 However, today, he lamented that Kashmir had become a much divided society – people of Jammu wanted abrogation of Article 370 and total integration with India; those of Ladakh want their territory to become a union territory due to their mistrust about Kashmir’s hegemony, the people of Kashmir are yearning for independence, while the Hindus of Kashmir who have been hounded out of the Valley want to have a homeland in there.

 This all, he said, makes Kashmir a much divided house and therefore the solution to it was not easy. “I don’t see any immediate solution to this.”

 However, he said the only aspect of the problem that could be worked on was the changed aspirations of the people of Kashmir.  “The only way to make people of Kashmir valley change their way is to shower them with love,” he said.

 Justice Dalveer Bhandari of the ICJ, however, refused to give his opinion on whether India should go to the ICJ on Kashmir to resolve it.

 Explaining his book, Hingorani said that law alone cannot resolve the Kashmir issue and added that it was India which had raised doubts about the unconditional nature of the accession of the J&K state to India and internationalised the issue by taking it to the UN. “My book, therefore, proposes that India should, as a first step, make a legal reference to the ICJ so as to confirm, as it were, its title deeds to the state.”

 He said three chapters of the book are devoted to how the Indian State can, post a successful reference to the ICJ, can resolve the imbroglio and win the trust of the people in Kashmir.

 Actor M K Raina said that Kashmir had turned into a theatre of tragedy due to the conspiracy of the Birtish empire, which wanted to keep south Asian states weak and unstable, for their own interests.

 

Comments

 

Other News

Kodnani’s acquittal raises doubts about criminal justice system

 Maya Kodnani, a BJP leader who was the MLA from Naroda when this locality on the outskirts of Ahmedabad witnessed one of the most gruesome episodes during the Gujarat riots of 2002, was acquitted by the Gujarat High Court on Friday. Her acquittal in the Naroda Patiya massacre case is only a sequel to

BMC took nearly 48 days in resolving one complaint

The number of civic complaints with BMC has increased from 61,910 in 2015 to 92,329 in 2017, which is 49% in two years. A report titled ‘Civic Issues Registered by Citizens and Deliberations done by Municipal Councillors in Mumbai’ released by Praja Foundation has found some interesting facts a

Who is Atishi Marlena?

Atishi Marlena is among the nine AAP functionaries who were dismissed by the union home ministry asserting that their posts were created without the approval of the centre. Marlena, served as education advisor of the Aam Aadmi Party (AAP)-led government in Delhi. While she was intrumental in improving the

Leadership? Learn it from Jaising, Ambani, Doshi

The Fortune magazine has named three Indians – lawyer Indira Jaising, industrialist Mukesh Ambani and architect Balkrishna V Doshi – among the world’s greatest fifty leaders.

Energy as the new value system for redesigning daily life

Remember Kardashev scale? For the uninitiated, it’s a method of measuring a civilization’s level of technological advancement, based on the amount of energy it is able to use for communication. We will get to its unconventional relevance to the big urban questions at the end, but just keep it a

48 MLAs, MPs have declared cases of crime against women

Out of 1580 MPs and MLAs with criminal cases, 48 (three MPs and 45 MLAs) have declared cases related to crime against women. The Association for Democratic Reforms (ADR) and

Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter