Pakistan Strongly Condemns Indian Supreme Court Verdict on Kashmir - A Threat to International Law and Human Rights

India’s Supreme Court has upheld the legality of the government's decision to revoke the autonomy of the state of Jammu and Kashmir and bring it directly under the control of the central government.

The revocation of Article 370, which had granted special rights to Jammu and Kashmir outside the Indian constitution for nearly 70 years, occurred in August 2019 through a presidential order without consulting the Kashmiri people.

Chief Justice D Y Chandrachud, ruling on Monday, supported the government's move, stating that it did not exceed its powers. The abrogation of Article 370 was accompanied by a significant crackdown on the state, involving a large military presence, imprisonment of political leaders, a strict curfew, and an 18-month-long internet shutdown. Jammu and Kashmir lost its statehood, and its political representation has not been reinstated.

The chief justice emphasized that Article 370 was intended to be temporary after the region’s accession to India post-independence and was no longer valid. Chandrachud referred to article 370 as “asymmetric federalism” and asserted that the Indian constitution should fully apply to Jammu and Kashmir, which did not retain any sovereignty after acceding to India.

The controversy over Kashmir, a Muslim-majority region, dates back to the partition of India in 1947, contested between India and Pakistan. Article 370 was initially passed as a temporary measure to ensure independent rights and protections for Kashmiris. Over time, it was affirmed as a more permanent measure through various court rulings.

Kashmir has long been a sensitive issue in the India-Pakistan relationship, with a pro-Pakistan militant insurgency emerging in the 1990s. The supreme court's ruling on Monday is considered a victory for the Hindu nationalist Bharatiya Janata Party (BJP), which has been advocating for the revocation of Article 370. The party argued that the action was necessary for controlling the security situation in the state, despite ongoing militant attacks.

The verdict has stirred anger among Kashmir's political leaders, who have faced house arrest and harassment since 2019. Former Chief Minister Mehbooba Mufti denounced the ruling as "unjust, illegal, and unconstitutional," expressing the sentiment that it amounted to a severe blow not only for Jammu and Kashmir but also for the idea of India. Despite the court's decision, Mufti asserted that the political struggle would continue, emphasizing the sacrifices made by the people for the dignity of life in the region.

Pakistan rejects Indian SC’s Kashmir verdict

Pakistan firmly rejected the recent verdict from the Supreme Court of India regarding the status of Indian Illegally Occupied Jammu and Kashmir (IIOJK), denouncing it as "another manifestation of the pliant judiciary under India’s ruling dispensation," according to Caretaker Foreign Minister Jalil Abbas Jilani.

During a press conference, Jilani emphasized that IIOJK is an "internationally recognized dispute" that has been on the UN Security Council's agenda for over seven decades. He stressed that any final decision on IIOJK should align with the relevant UNSC resolutions and reflect the aspirations of the Kashmiri people.

India's Supreme Court upheld the 2019 government move led by Prime Minister Narendra Modi to revoke the limited autonomy of Muslim-majority Kashmir. The court justified the decision, stating that it was a valid exercise of power and a culmination of the integration process.

Foreign Minister Jilani vehemently opposed India's unilateral actions, asserting, "India has no right to make unilateral decisions on the status of this disputed territory against the will of the Kashmiri people and Pakistan." He pointed out that international law does not recognize India’s actions and labeled the Indian Supreme Court's endorsement as having no legal value.

Pakistan plans to communicate its objections to the UN, the Organization of Islamic Cooperation, and the European Union, highlighting the perceived "illegality" of the Indian court decision. Jilani clarified that Pakistan does not recognize the supremacy of the Indian Constitution over IIOJK, emphasizing that any process aligned with it holds no legal significance.

He insisted that India cannot escape its international obligations based on domestic legislation and judicial rulings, adding that India's attempts to annex IIOJK are destined to fail. The foreign minister underscored that the Supreme Court's verdict fails to acknowledge the internationally recognized disputed nature of IIOJK and does not address the aspirations of the Kashmiri people.

Jilani drew attention to the severe human rights violations occurring in IIOJK, pointing out that India's measures since August 5, 2019, aim to change the demographic structure and political landscape in violation of international law and relevant UNSC resolutions. He urged the rescission of these measures for the sake of peace and dialogue.

Despite the setback, Jilani assured continued political, diplomatic, and moral support from Pakistan to the people of IIOJK in their pursuit of the inalienable right to self-determination.