The main reason for the (Kashmir) issue remaining unsolved has been the subsequent selfish and unethical nttitude of India and Pakistan towards the issue, both making it a matter of their national pride and ego, ignoring their erstwhile promises, each others' genuine rights and problems and the real wishes and aspirations of Kashmir people. To add ... the United Nations ... pushed the issue to its cold storage.
... As a matter of act both India and Pakistan have lost many times more by keeping Kashmir hanging in the balance than they would have lost by parting with their controlled parts of the State. What is worse, the issue continues to hang on their heads as a sword of the possible third Kashmir-war, perhaps a nuclear one.
The recent history of and circumstances prevailing in Kashmir make it crystal clear that India's hope that time itself would solve Kashmir issue to her exclusive advantage is tantamount to living in fool's paradise, so is Pakistan's hope that Indian occupied part of Kashmir will fall into her lap sooner or later ... As such, the sooner India and Pakistan accept these bitter but undeniable realities, the better for both of them, for Kashmir and for the world.
... The issue can be solved only if the solution does not hurt the national egos of India and Pakistan, does not jeopardise their national ideologies or harm their legitimate national interests, does not cause mass migrations, bloodshed or communal/ethnic disturbances and is based on the national aspirations and unfettered will of Kashmiri people and if international community takes due interest and uses its good offices and influence to solve it.
The only practicable solution that fulfills all these conditions is that the divided Jammu Kashmir be reunited and made a fully independent state for say 15 years, with a democratic, non-communal and federal system of government, having friendly relations with both India and Pakistan,, with international community undertaking that nobody would interfere in the internal affairs of the new state or violate its frontiers and the new state undertakings that it would not allow its soil to be used against any country.
After 15 years there be a referendum under UN auspices asking Kashmiris whether the state should perpetuate its independence or become part of India or Pakistan and that popular verdict be accepted by all concerned as final settlement of the issue and implemented ...
For all practical purposes both India and Pakistan have to ... concede complete independence to the re-united Jammu Kashmir State. For India, preferring status-quo will mean continuos trouble in Kashmir resulting in heavy and continuous loss of life, money, property and grace in addition to the most destructive effects and after effects of a possible Indo-Pak war including heavy loss of life, property and foreign investment .. Independence of Jammu Kashmir can change it from an apple of discord into a bridge of friendship with Pakistan and Kashmiris heralding the dawn of a peaceful, prosperous and respectful future for all the three and for their about one and a quarter billion inhabitants.
It will also solve the issue without hurting the national ego or jeopardising the national ideology (secularism) of India as the part of Kashmir seceding from India will not go to Muslim Pakistan on account of its Muslim majority India's legitimate national interest will also be safeguarded in the sense that the soil of Kashmir will not be used against India. Moreover, the choice of joining India will be open to Kashmiris at the time of referendum Independence of the entire state will not cause any mass-migration, bloodshed or communal/ethnic disturbances as every state national will have to remain at his own place.
Pakistan opting for status-quo will ... mean betraying and stabbing those Kashmiris in the back who have (made) sacrifices ... at the altar of their freedom movement ... Re-unification and independence of the state will benefit Pakistan the same way as it will benefit India.
In a nutshell, re-unification and complete independence of the divided Jammu Kashmir State on aforementioned pattern followed 15 years later, by a UN supervised referendum to determine the final constitutional status of the state, is not only in the best national interests of India, Pakistan and Kashmiris but can also ... strengthen world peace. (Source: The Greater Kashmir, 13 November)
Pran Chopra On Secession under Canadian Law
Canada has set up a major think tank for a comparative study of federations. Named "Forum Federations: An International Network on Federalism, the think tank was inaugurated at a mega event in October.
1999 in Quebec, with over 600 participants, include many heads of state or government, most notably U S President Clinton ... The occasion was dazzling enough to establish the Forum as a presence astride the Camids Quebec divide ...
On August 20 last year, the Supreme Court ruling which ... in substance said that while the secede existed it could not be exercised unilaterally ...