India’s Misleading Narrative on Jammu and Kashmir Threatens Regional Peace and Security

The recent statement by India’s Defence Minister regarding Jammu and Kashmir represents yet another attempt to promote a misleading narrative about an internationally recognised dispute. Such assertions not only contradict the historical and legal realities acknowledged by the United Nations but also threaten regional stability and undermine the principles of international law.

Jammu and Kashmir remains one of the oldest unresolved disputes on the agenda of the United Nations Security Council (UNSC). United Nations affirmed that its final disposition is to be determined through the free and impartial exercise of the will of its people. These cannot be nullified through unilateral actions, constitutional amendments, or political declarations.

India’s repeated attempts to portray Jammu and Kashmir as an exclusively internal matter are inconsistent with the internationally recognised status of the dispute. Under Article 25 of the Charter of the United Nations, Member States agree to accept and carry out the decisions of the Security Council. Continued disregard for the relevant Security Council resolutions raises serious questions about respect for the authority of the United Nations and the credibility of the international rules-based order.

The situation in Indian Illegally Occupied Jammu and Kashmir has also remained a matter of grave concern due to widespread repression and human rights violations. Daily enforced disappearances, custodial killings, arbitrary arrests, prolonged detentions, excessive use of force, restrictions on freedom of expression, suppression of peaceful assembly, and limitations on media and civic space had made life there miserable.

The continuation of extraordinary security laws, including the Armed Forces (Special Powers) Act (AFSPA) and the Public Safety Act (PSA), granting extensive powers to security forces and creating obstacles to accountability and these laws have contributed to an environment where alleged violations can occur with limited judicial oversight, raising concerns regarding compliance with internationally recognised standards of justice and human rights protection.

The deployment of a massive security presence in the territory, combined with restrictions on political freedoms and demographic changes through alterations in domicile, land, and electoral policies, has further intensified concerns about the future political and social character of the disputed region.

These concerns must be viewed in the context of India’s obligations under international legal instruments, including the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and applicable principles of international humanitarian law, including the Geneva Conventions.

Peace cannot be achieved by denying an internationally recognised dispute or by relying on measures that deepen resentment and mistrust. A durable solution requires respect for the UN Charter, adherence to international law, accountability for alleged violations, and meaningful dialogue aimed at achieving a peaceful resolution in accordance with the relevant United Nations resolutions and the aspirations of the people of Jammu and Kashmir.
The author is senior leader of All Parties Hurriyet Confer- ence (APHC) and legal expert of international law. He can be reached at faiz.naqshbandi@gmail.com & at WhatsApp number 03335145416