Table of Contents

Foreword by Upendra Baxi
Acknowledgements
Introduction
The Indian Subcontinent under the British Colonial Rule
Moving towards Partitioning the Indian Subcontinent
Partition
Princely Indian States and Kashmir
Reference to the People
Britain, Kashmir and Reference to the United Nations
United Nations and the Reference
Territorial Status Quo
Kashmir and the United Nations
Inadequacies of the Current Proposals to Resolve the Kashmir Issue
The Way Forward
Approaching the International Court of Justice
The Article 370 Debate
Grappling with the Ground Realities
Doctrinal Bankruptcy towards Conflict Resolution
Epilogue

About the Author

Aman M. Hingorani is a lawyer and mediator in the Supreme Court of India and the High Court of Delhi. Dr Hingorani has also acted as an arbitrator and as adjunct faculty to teach law students and run training courses for judicial officers, lawyers and law teachers. He has taught in programmes at several institutions in India (including National Judicial Academy, Bhopal; Campus Law Centre, University of Delhi; Indian Law Institute, New Delhi) and abroad (including Keble College, University of Oxford, UK; Law School, Warwick University, UK; South Asian Institute of Advanced Legal and Human Rights Studies, Dhaka, Bangladesh). He has prepared curriculum for law courses and other activities, such as the modules for the IndoBritish Project on Advocacy Skills Training, British Council, New Delhi; the alternative dispute resolution (ADR) preparatory material for the All-India Bar Examination conducted annually by the Bar Council of India; and the ADR Manual for the Federation of Indian Chambers of Commerce and Industry as its National Consultant. Dr Hingorani has been invited to address national and international audiences, including various stakeholders, on the Kashmir issue.

Reviews

'Provides lucid but wide-ranging historical and contemporary analysis ... at times deeply provocative.' -- Upendra Baxi (From the Foreword) Aman bears the awesome Hingorani-Kapila and Nirmal-legacy of the great humanism permeating penology from Hussainara Khatoon onwards. In respecting the rule of law, the book is replete with Hingorani's impress. Aman's present work is an excellent addition to the continuing Kashmir debate. -- M N Venkatachaliah, This book offers fresh insight from a legal, historical and practical perspective on the persistent and at times violent dispute between nuclear India and nuclear Pakistan over Kashmir. Hailing from a prominent family of human rights lawyers, A. Hingorani spares no criticism for the bungling line of leaders in both countries, along with Great Britain, for their failure to find a path to peace. As both countries face larger issues for their citizens' future, this gaping failure is ever more urgent given India's rising struggle with China for regional dominance and Pakistan's internal fight over the true meaning of Islam. Hingorani's book moves that debate in the right direction. -- George Charles Bruno, The book makes fascinating and compelling reading about the trauma and the running sore of partition of the Indian subcontinent. The author has thoroughly researched and covered every aspect of the subject so as to suggest the possible way forward. It will be interesting to see if the suggestions made are prophetic. -- Ruma Pal, Aman Hingorani's riveting, absorbing and thought-provoking explorations of the Kashmir issue are both broad and deep. Beyond the trodden paths, his historically rich and analytically focused approach is illuminating in every respect. All serious students of international relations and all practitioners of foreign policy will want to come to terms with this penetrating analysis. It will be a much discussed volume in the continuing debate over one of the most prolonged conflicts in world affairs. -- Dr Victor Mauer,