On Aug. 5, the Day of Exploitation of Kashmir, concerns about the situation in Jammu and Kashmir and respect for international law should be remembered
Each year on Aug. 5, Youm-e-Istehsal-e-Kashmir (the Day of Exploitation of Kashmir) is observed to mark India's unilateral and illegal actions to consolidate its occupation of Indian Illegally Occupied Jammu and Kashmir (IIOJK), and the inhumane subjugation of the Kashmiri people. The constitutional changes introduced by India in 2019 did more than revoke Articles 370 and 35-A; they set in motion a series of measures which have had grave implications on the peace and security of the region, as well as on the basic human rights and fundamental freedoms of people of IIОЈК.
Article 35-A of the Indian Constitution, in force since 1954, reserved the right to own land and hold public employment in IIOJK for its permanent residents. It reflected the understanding that the disputed territory, pending implementation of the relevant United Nations Security Council resolutions, required legal safeguards to preserve its demographic character until its people could determine their own future.
These illegal changes were followed by new domicile laws extending eligibility for residency, land ownership and government employment to large numbers of individuals who had not previously qualified as permanent residents. According to reports, millions of domicile certificates have been issued since 2019, and land previously protected by law has increasingly become available for acquisition by non-local individuals and entities.
These developments represent a deliberate process of demographic engineering aimed at undermining the right to self-determination of Kashmiris, as promised under the United Nations Security Council's Resolutions.
The actions of the Indian government are also inconsistent with international humanitarian law, especially the Geneva Conventions. There is an unfortunate Human dimension as well.
Human rights organizations, including Amnesty International, Human Rights Watch, as well as U.N. human rights bodies, have repeatedly raised concerns over the situation in IIOJK, including prolonged communication blackouts and internet shutdowns, the detention of political leaders and activists under laws such as the Public Safety Act, the continued use of the Armed Forces Special Powers Act (AFSPA) which grants sweeping immunity to security personnel, enforced disappearances and extrajudicial killings, and the use of pellet guns against civilians, including children. Press freedom does not exist, with journalists facing harassment, travel bans and prosecution under anti-terrorism laws.
Kashmiris face uncertainty about the future of their homeland and identity. Concerns have also been expressed regarding changes in educational curricula, the presentation of the region's history, and the place of the Kashmiri language and cultural heritage within public institutions. Together, these developments have contributed to a perception among many Kashmiris that their distinct identity is being systematically eroded.
These trends in IIOJK cannot be viewed in isolation. They mirror a broader trajectory within India itself, where the ruling Bharatiya Janata Party (BJP) and its ideological parent, the Rashtriya Swayamsevak Sangh (RSS), have pursued a Hindutva agenda that is described as the "saffronization" of the Indian state the reshaping of national institutions, education, media and public discourse around a majoritarian Hindu-nationalist identity.
Minorities across India have increasingly reported discrimination, exclusion and violence, with the worst subjugation witnessed in IIOJK.
This is why the Day of Exploitation of Kashmir represents more than a commemoration of illegal Indian actions in IIOJK. It symbolizes the continuation of a process that disenfranchises the Kashmiri people and denies them the right to self-determination through a free and impartial plebiscite. The disputed status of IIOJK cannot be altered through any unilateral illegal Indian actions.
As the international community confronts multiple conflicts across different regions, Jammu and Kashmir should not become a forgotten dispute, especially considering that it is the most militarized zone in the world. Durable peace in South Asia cannot be achieved unless the matter is resolved in line with the aspirations of the people of Jammu and Kashmir and the faithful implementation of the relevant UNSC resolutions.
The international community must play its role and press India to uphold its commitments under international law, to reverse its illegal actions, respect human rights and fundamental freedoms and abide by the UNSC resolutions which grant the right to self-determination to Kashmiris.