The recent conflict between India and Pakistan (May 2025), which involved missile strikes, drone warfare and retalia-tory air engagements, has reignited long-standing questions about Kashmir, which has been at the centre of tensions between the two countries for over 75 years.
As both nuclear-armed nations stand at the edge of potential escalation, there is a crucial opportunity for Pakistan to reaffirm its moral, legal and political claims over Kashmir.
Now, once Trump has brokered the ceasefire deal, we must not lose the advantage gained; the emphasis must shift toward achieving long-term strategic goals, beginning with reversing India’s 2019 constitutional changes in Kashmir.
At the heart of this post-conflict opportunity is India’s abrogation of Articles 370 and 35-A of its Constitution in Au-gust 2019.
These provisions, which were part of the Instrument of Accession signed by Maharaja Hari Singh in 1947, granted special autonomous status to the region of Jammu and Kashmir.
The unilateral removal of these articles vio-lated both domestic Indian guarantees and international commitments, altering the region’s legal status without con-sulting its population or relevant stakeholders, including Pakistan, which is a blatant violation of international law.
Article 370 of the Indian Constitution established that Jammu and Kashmir would have its constitution, laws and autonomy, except in foreign affairs, defence and communication.
Article 35-A, introduced via a Presidential Order in 1954, granted the Jammu and Kashmir legislature the authority to define and provide them with exclusive rights regarding employment, land ownership and scholarships, thereby helping to preserve the region’s demographic and cultural identity.
The Jammu & Kashmir Reorganization Act of 2019, passed without the consent of any elected Kashmiri representative, revoked both Articles and restructured the State into two Union Territories: Jammu and Kashmir (with limited assembly powers) and Ladakh (without any assembly).
This action was carried out through Presidential Order C.O.272, which reinterpreted Article 367 (a definitional clause) to circumvent the requirement for approval from the now-defunct Jammu and Kashmir Constituent Assembly.
India has also tried to alter the demogra-phy by this order.
This sequence of events is constitutionally questionable and violates international norms.
The Simla Agreement (1972) and UN Security Council Resolutions 47, 91 and 122 recognize Kashmir as a dis-puted territory.
Settlement must occur through bilateral negotiations or a plebiscite, rather than unilateral actions taken by India.
In the post-conflict diplomatic stage, Pakistan is well-positioned to demand a complete reversal of India’s actions in 2019.
This includes the nullification of Presidential Orders C.O.272 and 273, the repeal of the Jammu & Kashmir Reorganization Act of 2019, the reinstatement of Articles 370 and 35-A and the withdrawal of the Domicile Law of 2020, which allows non-Kashmiris to acquire land and residency in the region.
Moreover, it is essential to push for the re-recognition of Kashmir autonomous status under Indian law until a final settlement is reached.
We should also reopen the plebiscite issue at the United Nations with a prerequisite of reversal of all steps taken to alter the demography, post and pre-2019, arguing that India has materially altered the status of a disputed territory in viola-tion of UNSC Resolution 122, which prohibits such changes during unresolved disputes.
Lastly, we should propose the formation of a multilateral Kashmir Contact Group involving the OIC, China, Turkiye and possibly the EU, to monitor Indian actions and facilitate dialogue with Kashmiri leaders.
The public and political backlash against the abrogation of Articles 370 and 35-A has been both significant and enduring.
Prominent Kashmiri leaders, such as Mehbooba Mufti, Omar Abdullah and Yasin Malik (who is currently imprisoned), have all opposed this decision.
Mufti has publicly declared that Kashmir has been robbed of its identity and that India has lost the trust of the Kashmiri people.
Since 2019, there has been civil unrest, mass detentions, internet blackouts and economic strangulation in the region, which have only intensified resentment among the population.
Pakistan has a responsibility to amplify Kashmiri voices in international forums, partnering with human rights defenders and Diaspora communities to build momentum for restoring autonomy and initiating a political process in Kashmir.
Given the harsh clampdowns and demographic changes occurring in the region, Pakistan’s demand for reversal will likely receive broad public support from Kashmiri civilians, students, religious groups and even some disillusioned political fac-tions.
Local elections have experienced historically low turnout, reflecting a loss of faith in Delhi’s promises.
This internal unrest provides Pakistan with both moral and strategic leverage.
As the situation evolves, Pakistan has a historic opportunity to reclaim the Kashmir narrative.
It must mobilize legally through international courts and treaties to demand the reversion of Kashmir to its original status.
Pakistan should launch a diplomatic campaign at the United Nations, the Organization of Islamic Cooperation (OIC) and other international platforms.
It is essential to highlight India’s violations as political missteps and legal breaches of global norms.
Additionally, Pakistan should demand that any future peace process begins with the reversal of Articles 370 and 35-A and the permanent safeguarding of water-sharing agreements.
The world now recognizes that unilateralism in South Asia is no longer acceptable.
With unity, strategy and the law on its side, Pakistan can transform a moment of conflict into a long- awaited path to justice for Kashmir.
—The writer is a International Law expert with a rich experience in negotiation, mediation and Alternate Dispute Resolution. ([email protected])
