DR.

RAM MANOHAR LOHIYA,

NATIOAL LAW UNVERSITY,
LUCKNOW
SESSION 2014-15

SUBECT: UNITED NATIONS MILITARY OBSERVER GROUP IN` INDIA AND

PAKISTAN

UNDER SUPERVISION OF:

SUBMITTED BY

MR. A. P. SINGH

Manu Pratap Singh

ASSISTANT PROFESSOR

ROLL NO.- 75

Dr. RMLNLU

Sec- A.

Table of Content

1.
2.
3.
4.
5.

Title of the project

Introduction
Background
Status of India and Pakistan
Bibliography

INTRODUCTION
The United Nations has played an important role in maintaining peace and order in
Jammu and Kashmir soon after the independence of India and Pakistan in 1947, when a
dispute erupted between the two States on the question of Jammu and Kashmir. India
took this matter to the UN Security Council, which passed resolution 39 (1948) and
established the United Nations Commission for India and Pakistan (UNCIP) to
investigate the issues and mediate between the two countries. Following the cease-fire of
hostilities, it also established the United Nations Military Observer Group for India
and Pakistan (UNMOGIP) to monitor the cease-fire line.
On 21 April 1948 the Security Council adopted a resolution India and Pakistan asked the
Security Council to give them a solution to their conflict, and in return the council called
upon both the parties to implement a ceasefire. Then in 1949 onwards United Nations
Military Observer Group in India and Pakistan was set up to oversee the observance of
that Ceasefire.

BACKGROUND
This was right after the Second World War, at that time the difference between Muslims
and Hindus in colonial British India turned out to be opposing. On 15 August 1947 after
the transfer of sovereignty by the British government, there were two receivers: the
Muslim state of Pakistan and the Hindu state of India. Numerous border conflicts started

in two areas particularly in the territories of Jammu and Kashmir in Himalayas. Then the
first India- Pakistan war started between October 1947 and January 1949 when the battles
in Kashmir happened between the Indian and Pakistani troops.
On 21 April 1948 the Security Council adopted a resolution India and Pakistan asked the
Security Council to give them a solution to their conflict, and in return the council called
upon both the parties to implement a ceasefire. Then in 1949 onwards United Nations
Military Observer Group in India and Pakistan was set up to oversee the observance of
that Ceasefire.

THE UN MANDATE, THE TASKS AND THE ORGANIZATION OF UNIPOM

The number of incidents in Jammu and Kashmir rapidly increased resulting in the Second IndoPak War in 1964-65. The Security Council called for a ceasefire and asked Secretary-General (U
THANT) to provide the necessary assistance in the resolution 211 of 20 September 1965, this
was to ensure the supervision and withdrawal of all the armed personnel by the council. On 22 nd
September India and Pakistan agreed for a ceasefire in Jammu and Kashmir. The United Nations
Military Observer Group in India and Pakistan oversaw this ceasefire.
This task was provisionally given to the new United Nations Military Observer Mission for the
period of three months in the India-Pak border region from Kashmir to Arabian Sea Coast.
Canadian Brigadier General B.F. MacDonald was the commander of this mission who held his
headquarters in the border towns of Amritsar and Lahore in India and Pakistan Respectively. The
first sixteen observers came from the UNTSO mission and were supplemented by observers from
UNMOGIP. The latter returned to their own missions on the arrival of the specially appointed
UNIPOM observers, nineteen in all. For each side of the border the observer on the ground were
divided into two groups. UNIPOM endeavored to station observers of the same nationality at
posts opposite each other in India and Pakistan. They were sent to the other side of the
confrontation line after three months. This mission was planned to prevent United Nations
Military Observers from the contributing states being accused of partiality.

Status of Indian organized territory of Jammu & Kashmir

Meanwhile, elections were held in Indian Territory of Jammu & Kashmir, which brought up the
popular Muslim leader Sheikh Abdullah, who with his party National Conference, generally
supported India. The elected Constituent Assembly met for the first time in Srinagar on October
31, 1951. Then The State Constituent Assembly ratified the accession of the State to the Union of
India on February 6, 1954 and the President of India subsequently issued the Constitution
(Application to J&K) Order under Article 370 of the Indian Constitution extending the Union
Constitution to the State with some exceptions and modifications. The States own Constitution
came into force on January 26, 1957 under which the elections to the State Legislative Assembly
were held for the first time on the basis of adult franchise the same year. This Constitution
further reiterated the ratification of the States accession to Union of India. New Delhi: The
Government of India states that "the external artificial boundaries of the Republic of India,
especially concerning the international borders under its jurisdiction created by a foreign body
are neither correct nor authenticated".

Status of Pakistani territory of Kashmir

However, these tidings were not recognized by Pakistan, which asks for a plebiscite to ascertain
the wishes of the people. The people there set up, now called Azad Jammu and Kashmir in the
West help by Pakistan that it controls. The much larger region of Pakistani Kashmir in the NorthWest, which was a special dependent territory named Northern Areas in the erstwhile state,
generally bore no mention in Pakistani laws and Constitution as being of any status, until in 1982
the Pakistani President General Zia ul Haq proclaimed that the people of the Northern Areas
were Pakistanis and had nothing to do with the State of Jammu and Kashmir. [15] Islamabad: The
Government of Pakistan maintains un-provisionally and unconditionally stating that the formal
"Accession of Jammu and Kashmir" to Pakistan or even to the Republic of India remains to be
decided by UN plebiscite and a formal referendum for a final settlement of the dispute. It accepts
UN's map of the territory. It also states that the designations and the presentation of the
Kashmir's regional map based on UN practice, do not imply the expression of any opinion
whatsoever on the part of the Commonwealth Secretariat or the publishers concerning the legal

status of any country, territory or area, or of its authorities, or concerning the delimitation of its
frontiers or boundaries. There is no intention to define the status of Jammu and Kashmir, which
has not yet been agreed upon by the parties. It further says that boundaries must be based on
religious, cultural, racial, historical, geographical and not political orientated.

Bibliography

Hiemstra, P. United Nations India Pakistan Observation Mission. Qua Patet Orbis, no.

47 (1966) 57-65.
UN Security Council, Resolution 47 (1948) of 21 April 1948, 21 April 1948. S/RES/47
(1948), United Nations High Commissioner for Refugees