By Muhammad Batish
The Jammu & Kashmir dispute is one of the most prolonged and contentious issues in South Asia; whereas this is a territorial dispute between Pakistan and India, it is also a long-standing human rights issue for the Kashmiri people who have been occupied, oppressed, and subject to systematic abuses of their rights for generations. From Pakistan’s viewpoint, the central issue is India’s continued refusal to allow the Kashmiri people to enjoy their basic rights, civil, political, and social, despite international law and U.N. resolutions calling for their right to self-determination. Pakistan has consistently championed the protection of these rights on behalf of the Kashmiri people internationally through diplomatic efforts and moral advocacy.
The fight stems from the 1947 partition of British India. It was a choice of the Princely States to join either India or Pakistan. A Muslim majority had populated Kashmir, which was geographically and culturally close to Pakistan. But in October 1947, Indian troops arrived in Kashmir the Maharaja of Kashmir took up a crossroads. It also led to the first Indo-Pak war and the involvement of the UN Security Council (UNSC) which adopted numerous resolutions, including UNSC Resolution 47, which mandated a free and impartial plebiscite to allow the Kashmiri people to decide their political future. While Pakistan adopted these resolutions, later India broke its commitments, weakening the international legal framework governing Kashmiris’ rights.
One of the most pressing issues in Jammu & Kashmir is human rights violations committed by Indian authorities. Amnesty International, Human Rights Watch, and OHCHR report extensively on abuse, including extrajudicial killings, enforced disappearances, torture, arbitrary arrests, and mass detentions. The situation quickly got worse when India unilaterally repealed Articles 370 and 35A, stripping Jammu & Kashmir of its independence. Following this decision, India imposed a military lockdown, cut internet and communication services for months, and detained thousands of political leaders. Students and schools were closed, and Kashmiri voices were brutally silenced. Kashmir, with nearly 900,000 troops deployed, has become one of the most militarized regions in the world, where fear and oppression dominate daily life. But, the use of pellet guns against protesters, particularly young people, has exposed severe injuries, such as permanent blindness, and is an example of the lack of force. Women and children face the most pernicious of threats, intimidation, and violations of dignity in women and children. In Pakistan’s eyes, these actions are “blatant disregard for human rights” and an example of India’s inability to respect the rights of its Kashmiri population.
Another human rights issue of significant human rights concern is India’s effort to alter Kashmir’s demographic and cultural identity. In contrast, non-Kashmiris granted domicile certificates by the Indian government and they were able to permanently settle in the region, undermined by its Muslim-majority nature. To do so would threaten the social and cultural fabric of territory, and violates international law, including the Fourth Geneva Convention against an occupier having to move his own population into occupied territory. The demographic engineering, censorship of local media, restrictions on freedom of speech, and denial of political speech are a systematic ploy to erase Kashmiri identity. Pakistan has repeatedly referred to these practices as violations of human rights and called upon the international community to help and protect justice for Kashmiri people.
The Kashmiri people, during decades of oppression, showed remarkable resilience. For decades, Kashmiris have fought for freedom and independence, from peaceful protests in the 1990s to mass demonstrations after the murder of youth leader Burhan Wani, in 2016. Plus, India labels this resistance as “terrorism,” ignoring the basic human right of an occupier to claim justice and claim their political will. Pakistan acknowledges that the Kashmiris struggle is not an act of militancy or insurgency, but a legitimate human rights and self-determination struggle. International law defends the rights of people living under occupation, and Kashmiris are no exception.
Despite a strong advocacy for Kashmiri human rights, Pakistan has consistently fought for human rights. Pakistan is often concerned about India’s violations at the UN, OIC and other international forums and asks global leaders to take a leadership.
Pakistan’s position emphasizes restoring democracy in Kashmir. It calls on India to lift communication blockades, release political prisoners, and respect freedom of expression. Pakistan objects to India’s disregard for UN resolutions and a UN-supervised plebiscite. It highlights India’s demographic engineering as a violation of international law. Through diplomatic engagement, Pakistan aims to protect the rights and voices of the Kashmiri people, framing the issue as both territorial and humanitarian.
The human rights crisis is the centerpiece of the Jammu & Kashmir issue. The biggest challenge is India’s relentless refusal to respect the rights of the Kashmiri people to self-determination, autonomy and dignity. From Pakistan’s viewpoint, in international terms, Kashmir is not only a dispute within India but is a contested territory under occupation, and human rights are at constant risk. Pakistan continues to work for peace, justice and human rights protection for Kashmiris, in particular arguing that a resolution based on the Kashmiri self-determination is the only possible way to continue peace in South Asia. Even if the Kashmiri people are free to express their own desire with fair plebiscite, safety and dignity, the fight for justice in Jammu & Kashmir will remain unfinished.
The author is a student of International Relations at National University of Modern Languages (NUML) and is currently serving as an intern at Kashmir Institute of International Relations.