On October 27, 1947, the people of Kashmir suffered the deadliest day in their history when the Indian Army invaded Jammu and Kashmir, defying the subcontinent’s partition plan and the Kashmiri people’s aspirations. This marked the beginning of the region’s interminable misery, since they were sold to India against their will and in violation of international law. The situation in Indian-occupied Kashmir (IIOJK) remains grave, with human rights violations, political persecution, and a purposeful endeavor to change the region’s demographic and cultural identity.
The IIOJK story is one of an occupied territory under siege, where the Kashmiri people are denied basic human rights and the right to self-determination. The scenario in IIOJK is strikingly similar to the Palestinian conflict, and it has been dubbed the “Palestinization of Kashmir.” Both the Kashmir and Palestine conflicts have indigenous communities enduring occupation, displacement, and oppression. The Indian government, led by Prime Minister Narendra Modi, has been compared to historical tyrants and brutal regimes. Modi’s government has been compared to Hitler’s Nazi Germany, as it has shown fascist and terrorist inclinations in IIOJK. The use of force and harsh measures to stifle opposition and maintain control over the region has long been a source of worldwide outrage.
The detention and targeting of political leaders is one of the most egregious breaches of human rights in IIOJK. Political figures who reflect the Kashmiri people’s aspirations have been jailed or placed under house arrest, effectively silencing their voices. This is a flagrant breach of human rights and an obvious attempt to silence any sort of protest or opposition.
The repeal of Article 370 of the Indian Constitution in August 2019 aggravated the situation in IIOJK even further. This unilateral move by India was a flagrant violation of UN Security Council Resolutions 38, 47, 51, 91, and 122 on Kashmir. It also disregarded Pakistan and India’s 1972 Simla Agreement, which intended to resolve concerns through bilateral negotiations. In addition to these activities, India has enacted a slew of new legislation and revisions to existing ones intended at altering IIOJK’s demographic structure. These policies not only contravene international law, but they also erode the Kashmiri people’s rights and identity. India has flagrantly violated the Geneva Conventions, which prevent an occupation force from transporting its civilian population into occupied territory.
The International Criminal Court (ICC), as it has in other cases when national judicial mechanisms have failed, has a role to play in addressing the situation in IIOJK. India, on the other hand, has purposefully avoided becoming a party to the Rome Statute, which governs the ICC’s jurisdiction. This prohibits the ICC from dealing with grave human rights breaches. Article 12 of the International Covenant on Civil and Political Rights (ICCPR), which India has ratified, is violated by India’s conduct in IIOJK. The ICCPR expressly protects individuals from torture and harsh treatment, and India, as a signatory to the treaty, is obligated to safeguard these rights.
Another illegal step by India is the Jammu and Kashmir Reorganization Order 2020, which attempts to amend domicile laws and settle non-Kashmiris in IIOJK. This action is a flagrant breach of international law, notably the Fourth Geneva Convention, which prohibits the transfer of civilians from an occupying state into occupied territory. It is ironic that India, a country that is a flagrant offender of international law in IIOJK, as recognized by numerous UN resolutions, as well as international conventions and agreements, is actively pursuing a permanent seat on the UN Security Council. The Security Council is supposed to guarantee that member nations follow international law, and India’s actions in IIOJK cast severe doubt on its suitability for such a role.
The recurring abuses of UN resolutions, international law, and Kashmiri people’s rights cannot be disregarded. The world must take a stand against these injustices, support discussion and a peaceful resolution to the Kashmir dispute, and ensure that the Kashmiri people’s rights and aspirations are honored and preserved. In the face of such adamant abuses of human rights and international law, the world must not remain silent.
