The long-running dispute over Jammu and Kashmir continues to challenge international law by raising a difficult question: how can a country protect its sovereignty while also safeguarding the human rights of the people living within its borders? Nearly eight decades after the conflict began, the region remains at the centre of political tensions between India and Pakistan, while millions of Kashmiris continue to live with uncertainty, according to The Friday Times.
The conflict dates back to the partition of British India in 1947, when the princely state of Jammu and Kashmir became the subject of competing claims. Since then, India and Pakistan have fought several wars over the region, and the dispute remains unresolved despite repeated diplomatic efforts.
India considers Jammu and Kashmir an integral part of its territory and argues that decisions concerning the region are matters of national sovereignty. The government also says that strong security measures are necessary to combat cross-border militancy and terrorism, which have claimed many civilian and security force lives over the years.
Pakistan, however, maintains that Kashmir is an internationally disputed territory. It has repeatedly called for the people of Kashmir to determine their political future through the principle of self-determination and has urged greater involvement by the United Nations. Pakistan has also faced criticism over human rights concerns in areas under its own administration.
International law recognises both the sovereignty of states and the fundamental rights of individuals. Human rights treaties protect freedoms such as expression, liberty, peaceful assembly, and due process, even during times of conflict. Legal experts argue that while governments have the right to maintain security, any restrictions must remain lawful, necessary, and proportionate.
Human rights organisations have reported allegations of arbitrary detention, communication restrictions, limits on free expression, and excessive use of force in Indian-administered Kashmir. Armed militant groups have also been accused of serious abuses, including attacks on civilians. These reports highlight that civilians often bear the greatest burden of prolonged conflict.
Observers say the debate should not be framed as a choice between sovereignty and human rights. Instead, they argue that lasting peace will require respect for both international law and the dignity of the people of Kashmir. As political discussions continue, many believe the voices and everyday experiences of ordinary Kashmiris must remain at the heart of any future solution.
