INNER SENSE OF INDIA-PAKISTAN ISSUE

Author: Sayeeswari, Vistas University

To the Point:

A severe crisis has emerged between India and Pakistan, triggered by a deadly terrorist attack in Kashmir, followed by India’s military operation (“Operation Sindoor”), suspension of key treaties (including the Indus Waters Treaty), and widespread diplomatic retaliation from both nations. Pakistan and the U.S. are now repositioning, with high-level diplomacy in play. The situation remains tense but has reached a fragile ceasefire.


Abstract:

On April 2025, a terrorist attack in Pahalgam killed 26 civilians. India responded by launching Operation Sindoor on 7 May—targeting militant bases inside Pakistan and Pakistan‑administered Kashmir. Pakistan retaliated with shelling, drone strikes, and missile launches. Diplomatic countermeasures followed: India suspended the Indus Waters Treaty, closed borders, expelled envoys, and revoked visas; Pakistan responded by closing airspace, suspending trade, and downgrading diplomatic ties. The conflict reached a small-scale ceasefire by mid-­May. Recent developments include Pakistan’s army chief meeting U.S. officials, prompting concern in India and new geopolitical dynamics.


Legal Jargon:

Self-defence under Article 51 of the UN Charter: India invoked its right to defend against non‑state actors, providing UNSC briefings to meet its notification obligations  .

Indus Waters Treaty suspension: India unilaterally halted treaty obligations; Pakistan claims no clause allows this, deeming it a breach of international law  .

Ceasefire breach claims: Pakistan’s Human Rights Commission called India’s strikes potential crimes against humanity, although India maintains compliance with military necessity and proportionality  .

Diplomatic reciprocity: India expelled Pakistani military attachés; Pakistan reciprocated and suspended broader diplomatic agreements (e.g., Simla Accord)  .


Proof:

Terrorist attack on 22 April: 26 civilians killed in Pahalgam, mostly Hindu pilgrims  .
Operation Sindoor on 7 May: Missile/amphibious strikes against militant camps in Pakistan/Kashmir  .
Pakistan’s military response: Mortar, drone, and missile retaliation—including targeting Jammu and Indian air bases  .
4.diplomatic escalations: Suspension of border treaties, trade links, airspace closure, visa bans, and envoy expulsions.
5.Diplomacy: Pakistan’s army chief visited Washington, where President Trump affirmed Pakistan helped de‑escalate. India’s Modi strongly objected  .
~India and Pakistan have shared a complex and often tense relationship since their independence from British rule in 1947, which led to the partition of the Indian subcontinent. This partition caused large-scale migration and violence, leaving deep scars in both countries. Since then, India and Pakistan have fought several wars, mainly over the disputed region of Jammu and Kashmir. While both nations have made efforts at peace through talks and agreements over the years, progress has often been disrupted by political changes, military actions, or acts of terrorism. Cross-border tensions and mistrust remain high, especially after incidents like the Kargil conflict in 1999 and the Mumbai attacks in 2008. However, there have also been moments of dialogue, cultural exchange, and people-to-people contact that show potential for better ties. Trade between the two countries has been limited, though there have been calls to increase economic cooperation for mutual benefit. Regional organizations and international efforts have occasionally played a role in encouraging peace talks. Despite the ongoing challenges, many citizens on both sides hope for a future where peaceful coexistence and mutual respect can replace hostility. Improving relations will require consistent diplomatic efforts, control over extremist elements, and a willingness to engage in honest dialogue. Building trust through small, steady steps may help ease tensions and open doors for cooperation in areas like trade, environment, and public health. While history continues to influence their ties, the possibility of peaceful relations remains if both countries choose the path of dialogue over conflict.



Case Law:
Article 51 (UN Charter) – India’s stance
India claims its Operation Sindoor was lawful defensive action against non‑state terrorist actors. It briefed 13 UNSC members per Article 51’s “imminent reporting” requirement  . While legal under self-defence doctrine, its scope remains debated internationally.


International Court of Justice precedents on non‑state actors
ICJ rulings say if a state harbors non‑state attackers, another can claim self‑defence ﹣ but must prove state control. India argued Pakistan supported terror camps; critics counter there’s insufficient direct state culpability  .


Breach of Indus Waters Treaty (IWT)
India’s suspension conflicts with the water‑sharing treaty’s binding nature. Calling India’s act a violation of international law  .


Reciprocal Diplomatic Law
Expulsion of envoys is legally permitted under the Vienna Convention (Articles 9–10), and both India and Pakistan used this to signal escalating bilateral hostility  .


Human Rights Commission of Pakistan
HRCP labelled Indian strikes “grave violations” possibly amounting to crimes against humanity  . It invokes international human rights law, raising questions about civilian casualties and proportionality.


Conclusion

The latest India‑Pakistan crisis marks a perilous escalation driven by terrorism, military retaliation, and diplomatic aggression. While both countries claim legal justification, the use of force especially across borders is drawing international scrutiny. India’s water treaty suspension threatens Pakistan’s agriculture and regional stability. High‑level global diplomacy (especially U.S. engagement) is intensifying. Although a ceasefire holds for now, deep distrust persists. The need is urgent for clear legal frameworks, effective confidence-building, and multilateral oversight to prevent recurrence and stabilize the region.The possibility of issues between India and Pakistan arising again remains due to several ongoing factors. One of the main sources of tension is the Kashmir dispute, which has not been fully resolved since 1947. Any changes in the situation there such as political moves, security operations, or cross-border incidents can quickly lead to renewed conflict or strong reactions from either side. Terrorism is another major concern. If a terror attack occurs in India and is linked to groups based in Pakistan, it could lead to a sharp rise in tensions, as seen in the past.
Political changes in either country, such as the rise of hardline leaders or shifts in foreign policy, may also impact peace efforts. Media and public opinion can add pressure during sensitive times, making it harder for governments to act calmly. Military presence along the border, especially at the Line of Control, means that even small incidents can quickly escalate .However, the possibility of avoiding major conflict also exists, especially if both sides continue to focus on dialogue, trade, and people-to-people contact. The presence of nuclear weapons also acts as a strong reason for both countries to avoid full-scale war. Still, without steady efforts to resolve long-standing issues and build trust, there is always a risk that new tensions could arise. Continued peace depends on responsible leadership, open communication, and a shared desire to avoid violence.



FAQS

Why did India launch Operation Sindoor?
In response to the 22 April Pahalgam terror attack blamed on Pakistan‑based groups. It aimed to dismantle terrorist infrastructure under Article 51 self‑defence.


What did Pakistan do in response?
It carried out mortar, drone, and missile strikes on Indian military sites and civilian areas across Jammu and Indian territory.


What’s the deal with the Indus Waters Treaty?
India suspended this 1960 treaty governing Himalayan river water-sharing, prompting Pakistan to argue that no suspension clause exists.


Are these strikes legal under international law?
India cites Article 51 self‑defence. Pakistan and some legal experts dispute the legality since proven state involvement in terrorism remains unclear.


Has there been any international intervention?
The UN Security Council was briefed. The U.S. engaged via Pakistan’s army chief meeting Trump. China, Russia, and Middle Eastern countries have urged restraint.


Are civilians affected?
Yes,both in Poonch in india and militant areas in Pakistan. HRCP said Indian strikes possibly violated human rights.


What’s the current ceasefire status?
Clashes peaked in May; a fragile ceasefire now holds. Diplomatic channels are open, but distrust remains high.


What about water security tensions?
Suspension of the Indus Waters Treaty threatens Pakistan’s agriculture and fuels fears of broader “water wars”.


What is the long-term outlook?
The crisis underscores ongoing volatility due to terrorism and weak legal deterrence. Only sustained diplomacy, legal clarity, and regional trust-building can keep peace.

At Last are there any similarities between India and Pakistan share?
Yes, India and Pakistan have many similarities because they were once part of the same country before 1947. Both nations share common cultural roots, languages, traditions, and lifestyles. For example, Hindi and Urdu are quite similar and many people understand both. The food in both countries is also very similar—dishes like biryani, samosas, and roti are enjoyed by people on both sides. Music, dance, and clothing styles, such as wearing salwar kameez or kurta, are also shared.Family values, respect for elders, and strong community ties are important in both societies. Festivals like Eid and Diwali, while celebrated for different religious reasons, often see participation or awareness in both countries. Cricket is a major sport that brings excitement and national pride in both India and Pakistan.Both countries also face similar challenges, such as poverty, corruption, pollution, and the need for better education and healthcare systems. Their political systems are democratic, and both have a mix of modern cities and rural villages.Even though there are political differences, the people of India and Pakistan have much in common due to their shared history and culture. Many people from both countries wish for peaceful relations and more opportunities to connect with each other.