Syed Mujtaba Rizwan
The dispute over Jammu and Kashmir is the oldest and most complex issue in the history of South Asia, which for more than seven decades has remained the central point of tension, sacrifice, and struggle among Pakistan, India, and the Kashmiri people. This issue is a question of human rights, self-determination, international law, and global justice. While it has claimed the lives of hundreds of thousands of people, it has also permanently endangered peace, development, and stability in the region. The Kashmir issue is, in fact, a continuation of the unfinished agenda of the Partition of the Indian subcontinent, which emerged at the time of the end of British rule in 1947.
When the Muslims of the subcontinent struggled for a separate homeland, and Pakistan came into existence in 1947, the principle was laid down that Muslim-majority areas would become part of Pakistan. Jammu and Kashmir, where approximately 77 per cent of the population was Muslim at the time, naturally and geographically should have acceded to Pakistan. Not only did the majority favour Pakistan, but the rivers, land routes, trade, and social connections of the region were also linked with Pakistan’s northern areas. Despite this, history took a turn that pushed the entire region into a permanent conflict.
At the time, the State of Jammu and Kashmir was ruled by Maharaja Hari Singh, while the majority of his subjects were Muslims. During Partition, princely states were given the option to accede to either Pakistan or India. Initially, the Maharaja attempted to maintain neutrality and sought to preserve relations with both countries. However, in October 1947, when a public uprising erupted in the state, and the people of Poonch and Muzaffarabad rose in favour of accession to Pakistan, the situation changed rapidly.
This uprising was rooted in the Maharaja’s oppressive policies against the Muslim majority, which resulted in the martyrdom and displacement of thousands. At the same time, tribal fighters advanced to assist the Kashmiri people. Unable to suppress the rebellion and to save his rule, the Maharaja sought military assistance from India. India set a condition that an “Instrument of Accession” be signed first. Accordingly, on 26 October 1947, the Maharaja allegedly signed the accession document with India, which Pakistan declared illegal and coerced. On the same day, Indian troops landed in Srinagar, marking the beginning of a dispute that remains unresolved to this day.
From the outset, Pakistan’s position was clear: since the state had a Muslim majority and, according to the principles of Partition, should have joined Pakistan, India’s occupation was illegal. Pakistan approached the United Nations and demanded a peaceful resolution. In January 1948, India itself brought the dispute before the UN Security Council. The Council passed several resolutions recognising that the future of Kashmir should be decided through a free and impartial plebiscite. These resolutions constituted international recognition of the Kashmiri people’s right to self-determination. However, over time, India refused to implement them. Instead, between 1950 and 1954, India employed constitutional and political manoeuvres to integrate the Indian Illegally Occupied Jammu and Kashmir (IIOJK) into its constitutional framework. Through Articles 370 and 35A of the Indian Constitution, IIOJK was granted special status, which India later revoked in 2019, stripping the region of even its limited autonomy. This move was a blatant violation of UN resolutions, international law, and the aspirations of the Kashmiri people.
Pakistan, on the other hand, has consistently maintained that it supports only the Kashmiri right to self-determination. After the ceasefire in 1949, the dividing line—later known as the Line of Control—separated IIOJK from Azad Jammu and Kashmir and Gilgit-Baltistan. Pakistan facilitated the establishment of self-governing systems in these areas and sought to maintain peace under UN supervision.
During the 1950s and 1960s, the Jammu and Kashmir issue became a prominent topic in global politics. Pakistan raised the issue repeatedly at international forums, while India insisted it was a bilateral matter. The 1965 war between Pakistan and India was largely rooted in the Kashmir dispute. The war demonstrated that lasting peace in the region was impossible without resolving Kashmir. After the 1971 war, both countries agreed to resolve the dispute through bilateral negotiations. India, however, used this to effectively sideline UN resolutions.
History shows that India has consistently spoken of dialogue but rarely taken sincere steps. To silence the Kashmiri voice, state power was used extensively. Thousands of young men were imprisoned, sexual violence against women was employed as a weapon, and human rights abuses became routine. Under draconian laws such as the Armed Forces Special Powers Act (AFSPA), IIOJK was turned into a military garrison, where fear and oppression dominate everyday life.
When the Kashmiri people launched an armed resistance movement in 1989, India labelled it terrorism and responded with even greater military force. Despite this repression, the struggle continued. Thousands of youths were martyred, countless women were widowed, and millions were displaced. International human rights organisations such as Amnesty International, Human Rights Watch, and UN rapporteurs repeatedly documented Indian atrocities, yet the global community largely remained a silent spectator.
To be Continued
