Kashmir, a disputed region under illegal Indian occupation, known for its breathtaking beauty, resilient people, and a soul scarred by decades of conflict, witnessed yet another blow on August 5, 2019, when India unilaterally abrogated Articles 370 and 35-A. The revocation was marketed under the guise of development and integration. However, it was a calculated, heartless measure designed to erase Kashmir’s identity, dismantle its autonomy, and trample on the very pillars of international law and justice.
For over seven decades, the people of Indian Occupied Kashmir have been caught between unfulfilled promises and persistent bloodshed. The events of 2019, however, amounted to a constitutional coup, an assault not only on the people of Jammu and Kashmir but on the core principles of democracy, law, and self-determination.
This decision was imposed upon the people of Indian Occupied Kashmir without their consent. India enforced its will by force; there was no vote, no consultation, no debate. The act was a flagrant violation of international law, human rights, and the solemn promises India itself had once made to the Kashmiri people. It has inflicted immense suffering, fear, and injustice upon millions, fundamentally and forcibly altering their lives forever.
THE IMPORTANCE OF ARTICLE 370 AND 35-A
Article 370 was a key component of the Instrument of Accession signed between India and the princely state of Jammu and Kashmir in 1947. Under this provision, Indian Occupied Kashmir maintained its constitution, a separate legal code, and a distinct flag. Consequently, India’s jurisdiction was limited to the domains of defense, foreign affairs, and communications.
A related provision, Article 35-A, granted special privileges to permanent residents. It safeguarded their exclusive rights to property ownership, state government employment, and educational scholarships. Collectively, these articles were designed to preserve the unique demographic identity and cultural fabric of the Kashmiri people.
By revoking these articles, India unilaterally stripped Kashmir of the significant autonomy it had long enjoyed. This decision also paved the way for non-Kashmiris to settle in the region, purchase land, and seek employment, a move that fundamentally threatens the territory’s demographic composition and culture.
VIOLATION OF INTERNATIONAL LAW
The revocation of Article 370 was not only a betrayal of democratic principles but also a clear violation of international law.
- The United Nations Security Council Resolutions, such as Resolution 47, explicitly state that the people of Indian Occupied Kashmir are entitled to determine their future in a free vote (plebiscite). This has never occurred. Instead, India made the decision unilaterally, denying the people their right to choose.
- The UN Charter guarantees the right of self-determination, and this implies that individuals are allowed to determine the rulers of their communities. India disregarded this right. The rights to freedom, equality, and participation in government are enshrined in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The people of Indian Occupied Kashmir were deprived of all this on August 5th, 2019.
- The Fourth Geneva Convention prohibits an occupying power from altering the demography of a territory. However, by revoking Article 35-A, India has permitted non-Kashmiris to reside in the area, which may alter the identity of the Muslim majority in Kashmir.
As the late legal expert James Crawford argued, the status of Indian Occupied Kashmir remains unresolved, and any resolution must be grounded in international law.
THE HUMAN COST OF A POLITICAL DECISION
Following the revocation, Indian Occupied Kashmir was effectively turned into a prison. The entire region was placed under a tight military lockdown, with phone and internet services cut for months on end. Daily life ground to a halt as schools, offices, and hospitals were shuttered.
Thousands of people were arrested, including political leaders, students, and activists. Families were torn apart. Reports from the United Nations and other human rights organizations documented escalating violence and the systematic denial of basic rights. Countless individuals were detained without trial under draconian laws like the Public Safety Act (PSA).
While the Indian government argued this move would bring peace and development, the reality on the ground tells a different story. Genuine development cannot be achieved amidst fear, alienation, and oppression. Peace, after all, cannot take root when liberty is stamped underfoot.
MODI’S POLITICS
The Bharatiya Janata Party (BJP), under Prime Minister Narendra Modi, is aligned with the Hindutva ideology, which posits that India is a nation belonging exclusively to Hindus. This stance has made life increasingly precarious for Muslims and other minority communities.
Modi’s policies have demonstrated a clear pattern of targeting Muslims in regions such as Kashmir, Delhi, Gujarat, and Assam. Instead of celebrating India’s diversity, his regime appears to favour policies that foster hate, division, and fear. As a result, many Muslims no longer feel secure in their own country.
The situation is even more perilous in Indian Occupied Kashmir, where this agenda is enforced with firearms, armed troops, and a pervasive silence. Ultimately, the larger objective appears to be the silencing of Muslim voices and the erasure of their history from the national identity.
CONCLUSION
India might have scrapped Article 370 from its constitution, but it can never destroy the fighting spirit in every Kashmiri heart. It can never take away the hurt of a mother whose child died from a bullet. It can never take away the screams of young people blinded by pellets. It cannot take away the right to self-determination guaranteed under international law.
The world has to wake up. Silence is complicity. The global community, the UN, the OIC, and human rights advocates should rise, not with mere pledges, but with demands for accountability and action.
Pakistan must continue its diplomatic, moral, and legal assistance. Human rights activists must speak with a stronger voice than ever. And Kashmiris will continue to resist, because you can revoke laws, cut the internet, and deploy troops, but you cannot kill the dream of freedom. August 5th will always be a black day—black not only in the history of Kashmir but also on the conscience of the international legal order.
