By-DIPTI KHATRI
BBA LLB UPES 2ND YEAR “Peace cannot be kept by force; it can only be achieved by understanding”.
-Albert Einstein
This quote is meant for one of the world’s most beautiful and serene place Kashmir. Having being called as the place of God with its immense charm and picturesque multi-faceted beauty it is endowed with all the nature’s grace like pastures, lakes, mountains and snow .However, it lacks one important feature “peace”. It conceals the ugly faces of violence, pain, agony, mistrust, and brutality. These problems have been haunting Kashmir since 1947 from the time of partition when India and Pakistan were divided on religious lines. Kashmir’s locality was such that it gave chance to either join India or Pakistan. But then ruler of Kashmir Hari Singh who was a Hindu decided to take a neutral stand as his subjects were mainly Muslim. But none of the two countries agreed to this stand and wanted Kashmir to be part of their nation. This resulted in the Indo Pakistan wars of 1947, 1965 and 1999 dividing Kashmir between the two nations. Many tribesmen from Pakistan came to Kashmir so the Maharaja approached for military assistance. Then United Nations Commission for India and Pakistan (UNCIP) passed Resolution 47 according to which Pakistan was required to withdraw their tribesmen from the area and India was to minimize its military forces. In 1956, a special Constitution for Jammu and Kashmir was adopted looking at the special provisions. It was mentioned in Article 370 of the Indian Constitution that granted autonomous status to Jammu and Kashmir as per the xxi part of the constitution that talks about transitional temporary and special provisions. As the 15th state under the first schedules it have special provisions that are not applicable to other states of India. Thus, a separate Constituent assembly enacted its constitution on 17th November 1956. The state legislature of Kashmir is the only body that can take