THE Jammu and Kashmir dispute remains one of the oldest unresolved international conflicts on the agenda of the United Nations.
At its core, the dispute is political in nature and therefore requires a political solution grounded in the aspirations and wishes of the people of Jammu and Kashmir. The United Nations Commission for India and Pakistan (UNCIP) resolutions of August 13, 1948, and January 5, 1949, clearly recognized the right of the Kashmiri people to determine their future through a free and impartial plebiscite. These resolutions established the principle that the people of Jammu and Kashmir possess the legitimate right to self-determination, a principle that also lies at the heart of the UN Charter and modern international law.
The right of self-determination is universally acknowledged as a fundamental human right. It empowers nations and communities to freely decide their political status and future without coercion, discrimination or foreign domination. If this principle applies globally, there is no legal or moral justification for denying the same right to the people of Jammu and Kashmir. Despite initially accepting the UNCIP resolutions, India has consistently avoided their implementation for more than seven decades. This prolonged denial of political rights has generated widespread frustration, alienation and unrest among the Kashmiri people.
The roots of resistance in Indian Illegally Occupied Jammu and Kashmir (IIOJK) lie in decades of political disenfranchisement, suppression of civil liberties, economic marginalization and denial of promised autonomy under Articles 370 and 35A of the Indian Constitution. The popular uprising that intensified in 1989–1990 was not merely a political reaction but also a manifestation of deep resentment against prolonged occupation and oppressive governance. The slogan of “Azadi” (freedom) emerged as the collective expression of Kashmiri aspirations for dignity, justice and self-determination. India responded to this indigenous movement with overwhelming military force. Since 1990, IIOJK has witnessed one of the heaviest military deployments in the world, with over 900,000 thousand Indian security forces stationed across the territory. The militarization of the region has resulted in widespread human rights abuses, including extrajudicial killings, enforced disappearances, arbitrary detentions, rapes, custodial torture and restrictions on freedom of expression and assembly.
Numerous reports by human rights organizations, civil society groups and independent observers have documented patterns of violence and repression in IIOJK. Peaceful demonstrations have frequently been met with excessive force, while thousands of political activists, journalists and youth have reportedly been detained under stringent security laws. Allegations of custodial deaths and torture continue to raise serious concerns regarding the accountability of state institutions operating in the region. Women in Kashmir have also suffered immensely during decades of conflict and militarization. Reports of sexual violence, including molestation and rape, have surfaced repeatedly over the years, with several incidents becoming symbols of the broader humanitarian crisis in the territory. Such acts have had devastating social and psychological consequences for Kashmiri society. Human rights advocates argue that the absence of transparent investigations and accountability mechanisms because of impunity.
The legal framework under which Indian security forces operate in IIOJK has further intensified international criticism. Laws such as the Armed Forces Special Powers Act (AFSPA), the Public Safety Act (PSA) and other emergency regulations grant extensive powers to security agencies, including authority for arrest, detention and use of force with limited judicial oversight. Critics contend that these laws undermine fundamental freedoms and shield officials from legal accountability, thereby facilitating systematic violations of human rights. The situation deteriorated further after August 5, 2019, when India unilaterally revoked the special constitutional status of Jammu and Kashmir by abrogating Articles 370 and 35-A. The reorganization of IIOJK into two union territories: Jammu & Kashmir and Ladakh is illegal and violation of UN resolutions.
In the aftermath of these constitutional changes, New Delhi introduced new domicile regulations that enabled non-residents to obtain domicile certificates in Jammu and Kashmir. These measures are aimed to alter the demographic composition of IIOJK. This Indian act is against the international humanitarian law, particularly the provisions of the Fourth Geneva Convention relating to occupied territories. The humanitarian dimension of the Kashmir dispute has therefore become inseparable from its political dimension. Beyond territorial and diplomatic considerations, the conflict today represents a profound human tragedy involving generations of Kashmiris living under conflict, insecurity and uncertainty. The continued presence of militarization has disrupted social life, damaged economic development and created a pervasive atmosphere of fear and instability.
International concern over the human rights situation in IIOJK has increased in recent years. Human rights organizations, legal experts and advocacy groups have repeatedly called for independent investigations of the massive human rights violations in IIOJK. Given the gravity of the situation, the international community, UNO and major global powers, must play a more proactive role in addressing the humanitarian crisis in IIOJK. Immediate measures should include the protection of civilian rights, repeal of laws that provide impunity, release of political detainees and restoration of special status of IIOJK. Equally important is the need to prevent demographic engineering and preserve the identity and rights of the indigenous population. Ultimately, lasting peace in South Asia is closely tied to the just and peaceful settlement of the Kashmir dispute. Addressing the human rights concerns in IIOJK is not only a humanitarian imperative but also a necessary step toward regional stability and reconciliation. The voices and aspirations of the people of Jammu and Kashmir must remain central to any meaningful and lasting solution.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
