n a not-quite-unexpected move, the Indian Supreme Court recently upheld the 2019 decision by Narendra Modi’s government to revoke the special status for the Occupied Kashmir.

On December 11, a five-member bench, led by Chief Justice DY Chandrachud, concluded the hearings on petitions challenging the abrogation of Article 370 of the Indian Constitution which provided internal autonomy to Jammu and Kashmir. The court backed the 2019 declaration, emphasising that the said article was always meant to be a temporary solution amid a war-like situation.

The ruling also asserted that the Occupied Kashmir had lost its sovereignty upon joining India. This decision has significant implications for the region. The debate around it is going to be highly contested.

The Supreme Court has also ordered the Election Commission of India to hold elections for the legislative assembly and upheld Ladakh’s re-organisation as a union territory. The court demanded that Kashmir be granted the same statehood as other Indian states, without any extra rights to autonomy.

While the court decision has been hailed by Modi as a “beacon of hope,” the people of Occupied Kashmir feel that the Indian government is manipulating the legal system to violate their rights. They view it as another betrayal by India that will disempower them and further alienate them.

Prior to the revocation, the people enjoyed what could be called a semblance of autonomy — they had a constitution of their own, a regional flag and legislative powers. Rights to citizenship and land purchases were also safeguarded, as Article 370 restricted outsiders from residing permanently or purchasing property in J&K.

August 5, 2023, marked four years since the Indian government abolished Article 370. The act marks a significant turning point in the history of the region. The locals see it as an attack on their identity and autonomy. It has also had consequences like human rights abuses, excessive use of force by the law enforcement agencies, a communication blackout, and restrictions on movement that severely impact the lives of ordinary people.

In its defence, the Indian government has claimed that the abrogation of Article 370 was a way to put J&K on the path to peace, progress and prosperity.

The United Nations must play a more active role in resolving this long standing dispute. The Indian government must recognise the rights of the Kashmiri people and work towards a peaceful resolution of the conflict.

The reality may be very different. In August 2019, India started taking measures to change the political and demographic scenario of J&K. One of the efforts to break down the region involved the federal rural development ministry, setting a goal of constructing 199,550 new homes for the economically weak sections and low-income groups of people residing in the region for the financial year 2023-24. According to a report by the Forum for Human Rights in Occupied Kashmir, this move is expected to give land to around a million outsiders by providing them with housing facilities.

akistan has voiced serious concerns with regard to the Indian court’s ruling. Caretaker Foreign Minister Jalil Abbas Jilani stated in a press conference that Occupied Kashmir was an internationally recognised dispute covered under the UN Security Council’s agenda for over 70 years.

According to Jilani, India does not have the power to unilaterally decide the status of this disputed territory against the wishes of both Kashmiris and Pakistan. He added that the eventual settlement of the region must be in accordance with the relevant UNSC resolutions and the aspirations of the Kashmiri people.

Talking exclusively to TNS, Altaf Hussain Wani, the chairperson of the Kashmir Institute of International Relations, said that the Indian SC’s decision will not change the fundamental issue — that is, the rights of the people of Indian-Held Kashmir. He emphasised that the United Nations (UN) resolutions that recognise Occupied Kashmir as a disputed territory stand taller than any decision made by the Indian parliament or its courts.

He expressed his concern over the situation in Kashmir and how the Indian government humiliated the Kashmiris on August 5, 2019. The Indian government’s control over the state machinery, including Indian and non-state subject employees, and legal warfare, has created a sense of fear among the people of Kashmir, particularly the youth. Despite all these challenges, the Kashmiri people have not conceded agency. The Kashmiri movement has seen worse times than this. Some day it will burst through the shackles of oppression.

As of now, the fate of Kashmir remains uncertain. The Indian government’s revocation of Article 370 and stripping the region of its autonomy has faced criticism and opposition from the international community. But does that change things in India?

The people of Occupied Kashmir continue to suffer. The Indian government’s policies have had a devastating impact on their lives and livelihoods.

Despite efforts by the Indian government, the Kashmiri people have not given up on their struggle for their rights and identity. They have suffered for decades, and their voices cannot be silenced by any court decision.

The international community must take notice of their plight, the UN must play a more active role in resolving this longstanding dispute, and the Indian government must recognise the rights of the Kashmiri people and work towards a peaceful resolution of the conflict. Only then can the people of Occupied Kashmir hope for a future that is free from fear, oppression and uncertainty.

The writer is a freelance contributor based in Azad Jammu and Kashmir. She tweets at @hunain_mahmood and can be reached at hunainmehmud101@gmail.com