The Indian government’s decision to abrogate Articles 370 and 35A was purely a politically motivated move rather than a constitutional reform. Leadership, especially in conflict-prone regions like South Asia, plays a vital role in maintaining peace or avoiding a crisis. Responsible statesmanship necessitates foresight, adherence to international norms, and a dedication to regional stability. Unfortunately, India has taken a different path since Prime Minister Narendra Modi took office. This path is based on political expediency at home rather than statesmanship. One of the most controversial decisions was the revocation of Articles 370 and 35A on August 5, 2019. This not only broke international agreements, but it also made South Asia more volatile.
Modi’s Manipulation of the Constitution and Its Consequences
Article 370, which has been part of the Indian Constitution since 1949, gave Indian Illegally Occupied Jammu & Kashmir (IIOJK) special autonomy. Whereas, Article 35A protected the region’s demographic identity even more by only allowing permanent residents to own property and work.
Pakistan has always become the voice of the people of Indian Occupied Kashmir and highlights the gross human rights violations at all relevant forums
The Indian government’s decision to void Article 370 and 35A unilaterally was completely a political move for domestic gains, especially to please the extremist followers of Hindutva ideology with fascist designs. The Indian government used the sinister strategy of removing Chief Minister Mehbooba Mufti’s government by force and implanting a handpicked federal-backed governor to pave the way for the 5 August 2019 action. A G Noorani, Mumbai-based constitutional expert, says, “It is an illegal decision, akin to committing fraud”, that could be challenged in the Supreme Court.
The claimed justification of peace, normalcy, and prosperity has failed utterly. IIOJK has seen daily human rights violations (HRVs), mass detentions of civilians, digital blackouts, increased militarisation, and restrictions on free speech since August 2019. Rather than fostering unity, the revocation has further alienated and depressed already disenfranchised Kashmiri Muslims.
India’s actions blatantly violate several international obligations. The Jammu & Kashmir dispute remains an unresolved agenda in the subcontinent partition. The signing of the so-called ‘instrument of accession’ by the Maharaja with India was under coercion. Furthermore, Indian Prime Minister Jawaharlal Nehru took the issue to the United Nations Security Council, and after which the UNSC adopted Resolution 47 on 21 April 1948, which demanded the conduct of a ‘Plebiscite’ to determine the wishes of the people. Indian has not given the due rights to the people of Kashmir as agreed in the resolution. Now, India, over the decades, has shifted its stance, now dubiously labelling the resolution as “obsolete.”
If international resolutions lose relevance with age, does the United Nations itself, established in 1945, cease to hold legitimacy? The Indian government over the decades has shown disregard and disrespect to the democratic norms, international laws and human rights conventions. This erosion of commitments sets a dangerous precedent not just for South Asia but for the global rules-based order.
The people of IIOJK who have been victims of human rights violations at the hands of the occupied forces are victimised to the next level after the revocation of Articles 370 and 35. The Indian government tried every tool of brutality to suppress the people of Kashmir, starting from halting communication links, media censorship, detention, torture and killing of innocent civilians, and suppression of political leadership. Currently, Indian occupied Kashmir is the most militarised region in the world where civilians are living under the tight surveillance of Indian agencies, police and military.
The state of Jammu and Kashmir is also witnessing the demographic assault by the Indian government aimed at disempowering the Muslim community of Kashmir politically and culturally. However, this suppression has strengthened the determination of people for peaceful resistance against the forced occupation.
The consequences of reckless decisions by the Indian leadership are no longer confined to the borders of IIOJK. The recent military standoff between India and Pakistan in 2025 is a scary reminder of how quickly tensions can rise in the region. Although the escalation was controlled through diplomatic channels, the Indian’s irrational actions brought the region to the brink of nuclear war. International academia and analysts are of the view that the Kashmir issue could be the next nuclear flash point.
In this context, the international community need to pressure India to repeal Articles 370 and 35A, as it was not just a change to the constitution, but part of a larger ideological campaign to change the identity of the region through force and fiat. The standoff made it clear that international mediation was needed right away, not just to keep the crisis from getting worse.
Pakistan has always become the voice of the people of Indian Occupied Kashmir and highlights the gross human rights violations at all relevant forums such as the United Nations, UN Security Council and Organisation of Islamic Cooperation (OIC). However, it is important that international leadership look into the Kashmir issue, as it is the upcoming nuclear flashpoint in the region
Indian leadership has not only violated the international norms and resolutions, but its irrational behaviour has brought the region to the edge of nuclear war. The standoff between India and Pakistan in 2025 showed that Kashmir is no longer just a regional issue; it could also be a nuclear flashpoint. This means that the world needs to act quickly. For peace to last, India must be pushed to follow UN resolutions and let the people of Kashmir choose their future through a fair vote.
The writer is a freelance columnist.