The Political Motivations Behind India’s Abrogation of Articles 370 and 35A
India’s decision to revoke Articles 370 and 35A in August 2019 was not a constitutional reform but a politically driven move. These articles, which have been part of the Indian Constitution since 1949, granted special autonomy to Indian Illegally Occupied Jammu & Kashmir (IIOJK). Article 370 allowed the region a degree of self-governance, while Article 35A protected its demographic identity by restricting property ownership and employment opportunities to permanent residents.
The abrogation of these articles was framed as a step toward development and integration, but it was widely seen as a maneuver to consolidate political power. The Indian government removed the state’s elected leadership and imposed direct rule through a federal-backed governor, paving the way for the revocation. This move was criticized by legal experts as an illegal act that could be challenged in court. A prominent constitutional scholar, A G Noorani, described the decision as “akin to committing fraud.”
Impact on the People of IIOJK
Since the revocation, the situation in IIOJK has deteriorated significantly. There have been daily human rights violations, including mass detentions, digital blackouts, and restrictions on free speech. The region has also experienced increased militarization, with civilians living under constant surveillance. The Indian government has used various forms of brutality to suppress dissent, including censorship, detention, and the killing of innocent civilians.
The revocation has further alienated the already disenfranchised Kashmiri Muslim population. Instead of fostering unity, it has deepened divisions and fueled resentment. The Indian government’s actions have also led to a demographic shift, with efforts to disempower the Muslim community politically and culturally. However, this suppression has only strengthened the resolve of the people to resist the occupation through peaceful means.
Violations of International Obligations
India’s actions have violated several international obligations. The Jammu & Kashmir dispute remains unresolved, with the so-called “instrument of accession” signed by the Maharaja under coercion. In 1948, Prime Minister Jawaharlal Nehru took the issue to the United Nations Security Council, leading to the adoption of Resolution 47, which called for a plebiscite to determine the wishes of the people. India has failed to honor this agreement, and over time, it has dismissed the resolution as “obsolete.”
If international resolutions lose relevance with age, does the United Nations itself, established in 1945, cease to hold legitimacy? India’s disregard for democratic norms, international laws, and human rights conventions sets a dangerous precedent. This erosion of commitments threatens not only South Asia but also the global rules-based order.
Regional Tensions and Nuclear Risks
The consequences of India’s reckless decisions are no longer confined to the borders of IIOJK. The recent military standoff between India and Pakistan in 2025 highlighted how quickly tensions can escalate in the region. Although the situation was eventually controlled through diplomatic channels, the Indian government’s actions brought the region to the brink of nuclear war. Analysts warn that the Kashmir issue could become the next nuclear flashpoint.
International academia and analysts agree that the Kashmir issue is a critical security concern. The international community must pressure India to repeal Articles 370 and 35A, as the revocation was part of a larger ideological campaign to change the region’s identity through force and fiat. The recent standoff made it clear that immediate international mediation is needed to prevent further escalation.
The Role of the International Community
Pakistan has consistently spoken out for the people of IIOJK, highlighting human rights violations at international forums such as the United Nations, the UN Security Council, and the Organisation of Islamic Cooperation (OIC). However, it is crucial that the international community takes a more active role in addressing the Kashmir issue.
India’s violation of international norms and its irrational behavior have brought the region to the edge of nuclear war. The Kashmir issue is no longer just a regional concern; it has the potential to trigger a global crisis. For lasting peace, India must adhere to UN resolutions and allow the people of Kashmir to determine their future through a fair vote. The world must act swiftly to prevent further instability and ensure a peaceful resolution to this long-standing conflict.
