[This is in response to Neera Chandhoke’s article in Economic and Political Weekly, titled “When is Secession Justified? The Context of Kashmir” (November 13, 2010)].
Neera Chandhoke argues against Kashmir’s right to self-determination. She couches her argument in a way, which suggests that Kashmiris want to ‘secede’ from India. This assumption, formulated as a case of secession, leads to a fundamental flaw in her argument. First, Kashmir is already recognised as an international dispute (UN Security Council resolutions 47 and 91, for instance),[i] and the status of Kashmir as part of the Indian ‘union’ is, therefore, not settled. Apart from this fundamental legal issue, Kashmiris have been collectively demanding the right (based on the universally accepted national and democratic right to self-determination) to decide if they want to become part of India, or not. Since 1949, all countries that constitute the UN, including India, have in the case of Kashmir acknowledged this right—a right, which forms the fundamental basis of international political order. These two issues that Kashmir’s ‘union’ with India has neither legal validity nor a democratic one are the fundamental points of departure for any fruitful discussion of the Kashmir question.