Kashmir Under Siege: People Caught in the Crossfire of India-Pakistan Conflict

The Enduring Pain: Unpacking the Layers of Suffering in Kashmir

By: Javid Amin
Srinagar 05 May 2025: The state of Jammu and Kashmir, often referred to as “Paradise on Earth” for its stunning natural beauty, has been a battleground for decades, caught in the crossfire of a bitter and protracted conflict between India and Pakistan. This conflict, rooted in the partition of British India in 1947, has resulted in immense suffering for the Kashmiri people, who have been subjected to violence, displacement, and the denial of their fundamental rights. This in-depth article delves into the historical, political, social, and humanitarian dimensions of the Kashmir conflict, exploring the complex web of factors that have contributed to the ongoing crisis and examining the impact on the lives of ordinary Kashmiris.

I. Historical Roots of the Conflict: A Legacy of Partition

The seeds of the Kashmir conflict were sown during the tumultuous period of the partition of British India in 1947. The departing British colonial rulers left behind a complex and volatile situation, with the subcontinent divided into two newly independent nations: India and Pakistan. The princely states, including Jammu and Kashmir, were given the choice to accede to either India or Pakistan, or to remain independent.

The Princely State of Jammu and Kashmir: At the time of partition, Jammu and Kashmir was a princely state ruled by Maharaja Hari Singh, a Hindu ruler presiding over a predominantly Muslim population. The Maharaja initially desired to maintain the state’s independence, but faced mounting pressure from both India and Pakistan to accede to their respective nations.
The Instrument of Accession: In October 1947, as Pakistani-backed tribal militias invaded the state, the Maharaja sought assistance from India. In exchange for military aid, he signed the Instrument of Accession, formally acceding Jammu and Kashmir to India. However, this accession was considered provisional, pending a future plebiscite to determine the will of the people.
The First Indo-Pakistani War (1947-1948): Pakistan contested the validity of the accession and the ensuing conflict between India and Pakistan resulted in the First Indo-Pakistani War. The war ended with a UN-mediated ceasefire in 1948, dividing the state along the Ceasefire Line (later renamed the Line of Control), with India controlling approximately two-thirds of the territory and Pakistan controlling the remaining one-third.
The Unfulfilled Promise of a Plebiscite: The United Nations Security Council passed several resolutions calling for a free and impartial plebiscite to allow the people of Jammu and Kashmir to determine their own future. However, this plebiscite has never been held, due to disagreements between India and Pakistan over the conditions for its implementation, including the withdrawal of troops from the region.
The Enduring Legacy of Partition: The partition of British India and the unresolved Kashmir dispute have had a profound and lasting impact on the region. They have fueled decades of conflict, shaped the political landscape, and left an indelible mark on the lives of the Kashmiri people. The historical context continues to inform the present-day realities and remains a major obstacle to any lasting resolution.

II. The Geopolitics of Conflict: A Tug-of-War Between Two Nations

The Kashmir conflict is not merely a territorial dispute; it is a complex geopolitical issue with significant implications for regional stability and international relations. Both India and Pakistan view Kashmir as an integral part of their national identity and strategic interests, leading to a decades-long tug-of-war over the region.

India’s Perspective: India maintains that Jammu and Kashmir is an integral part of its territory, citing the Instrument of Accession signed by the Maharaja. India emphasizes its commitment to secularism and democracy, arguing that integrating Kashmir into India upholds these values. India also views Kashmir as crucial to its national security, particularly in light of its border disputes with China.
Pakistan’s Perspective: Pakistan argues that Kashmir’s Muslim-majority population should have the right to self-determination and that the state should have acceded to Pakistan based on the principles of the partition. Pakistan accuses India of human rights abuses and suppressing the Kashmiri people’s aspirations. Pakistan also views Kashmir as a core issue related to its national identity and the completion of its territorial sovereignty.
The Role of Nationalism: Nationalism plays a significant role in the Kashmir conflict, with both India and Pakistan invoking nationalist sentiments to justify their claims over the region. This has made it difficult to find a compromise, as any perceived concession on Kashmir is often seen as a betrayal of national interests.
The Impact of Geopolitical Shifts: The changing geopolitical landscape, including the rise of China, the US withdrawal from Afghanistan, and the evolving dynamics of international relations, has further complicated the Kashmir issue. These shifts have created new challenges and opportunities for both India and Pakistan, influencing their approach to the conflict.
The Nuclear Dimension: The fact that both India and Pakistan are nuclear-armed powers adds a dangerous dimension to the Kashmir conflict. Any escalation of hostilities carries the risk of a nuclear confrontation, with potentially catastrophic consequences for the region and the world. This nuclear dimension has made the resolution of the Kashmir conflict even more urgent and critical.

III. The Impact of Militarization: Life Under Occupation

One of the most defining features of the Kashmir conflict is the heavy militarization of the region, particularly in Indian-administered Jammu and Kashmir. The presence of a large number of security forces has had a profound impact on the daily lives of ordinary Kashmiris, creating a pervasive sense of fear, oppression, and alienation.

The Scale of Militarization: Indian-administered Kashmir is one of the most heavily militarized regions in the world, with hundreds of thousands of Indian security forces deployed to counter insurgency and maintain law and order. This massive military presence has transformed the region into a virtual garrison, with checkpoints, barricades, and security installations dotting the landscape.
Daily Life Under Siege: For Kashmiris, daily life is often a struggle for survival and dignity. The pervasive presence of security forces, the constant surveillance, and the frequent security operations create an atmosphere of fear and intimidation. Ordinary activities such as going to school, traveling to work, or visiting family members can become fraught with anxiety and uncertainty.
Human Rights Abuses: The heavy militarization has been accompanied by widespread human rights abuses, including extrajudicial killings, arbitrary arrests, torture, and enforced disappearances. These abuses, often committed with impunity, have further alienated the Kashmiri population and fueled resentment against the Indian state.
Impact on the Economy: The conflict and the associated militarization have severely hampered the economic development of Kashmir. Tourism, once a mainstay of the local economy, has declined significantly due to the security situation. Trade and commerce have been disrupted by frequent curfews and lockdowns. The economic hardships have exacerbated the social and psychological stresses on the Kashmiri people.
Psychological Trauma: Living under constant fear and oppression has taken a heavy toll on the mental health of Kashmiris. Many people suffer from post-traumatic stress disorder (PTSD), anxiety, and depression. The lack of access to mental health services and the absence of any sense of normalcy have compounded the psychological trauma.
Restrictions on Freedom: The heavy militarization has also led to severe restrictions on fundamental freedoms, including freedom of movement, freedom of speech, and freedom of assembly. Curfews, lockdowns, and communication blackouts have become commonplace, further isolating the Kashmiri people and limiting their ability to express their grievances and aspirations.

IV. Human Rights Violations: A Culture of Impunity

The Kashmir conflict has been marked by a long and disturbing history of human rights violations, committed by both state and non-state actors. These violations have not only caused immense suffering to the victims but have also created a culture of impunity, where perpetrators are rarely held accountable.

Extrajudicial Killings: Security forces have been implicated in numerous cases of extrajudicial killings, where suspected militants or civilians are killed without any due process. These killings, often carried out in staged encounters or during cordon-and-search operations, have created a climate of fear and distrust.
Torture and Ill-treatment: Torture and ill-treatment of detainees are widespread and systematic. Suspects are often subjected to brutal interrogation techniques, including beatings, electric shocks, and sleep deprivation. These practices violate international human rights law and have long-lasting physical and psychological consequences for the victims.
Arbitrary Arrests and Detentions: Security forces have been granted sweeping powers to arrest and detain individuals under various security laws, such as the Public Safety Act (PSA) and the Armed Forces Special Powers Act (AFSPA). These laws allow for prolonged detention without charge or trial, violating basic legal safeguards and denying individuals their fundamental rights.
Enforced Disappearances: Enforced disappearances have been a particularly heinous feature of the Kashmir conflict. Thousands of people, mostly young men, have been forcibly disappeared by security forces, leaving their families in a state of perpetual agony and uncertainty. The lack of information about the fate of the disappeared has created a deep sense of trauma and loss.
Sexual Violence: Sexual violence, including rape, molestation, and other forms of sexual abuse, has been used as a weapon of war in Kashmir. Women have been targeted by both security forces and militants, causing immense physical and psychological trauma and shattering the social fabric of the community.
Suppression of Dissent: The state has also been accused of suppressing dissent and freedom of expression. Journalists, human rights activists, and political opponents have been targeted for speaking out against human rights abuses. The media is often censored, and peaceful protests are met with violence.
Lack of Accountability: One of the most disturbing aspects of the human rights situation in Kashmir is the near-total lack of accountability for the perpetrators. Security forces personnel enjoy virtual impunity, with investigations into alleged abuses rarely leading to prosecutions or convictions. This culture of impunity emboldens the perpetrators and perpetuates the cycle of violence and abuse.

V. The Digital Siege: Information Warfare in the 21st Century

In recent years, the Indian government has increasingly employed digital tools and tactics to control the flow of information and suppress dissent in Kashmir. Internet shutdowns, social media restrictions, and online surveillance have become integral parts of the state’s counterinsurgency strategy, creating a “digital siege” that has profound implications for the human rights and fundamental freedoms of the Kashmiri people.

Internet Shutdowns: Kashmir has experienced some of the longest and most frequent internet shutdowns in the world. These shutdowns, often lasting for months at a time, have become a routine tool of state control, used to prevent protests, suppress information, and isolate the Kashmiri population.
Impact on Daily Life: Internet shutdowns have had a devastating impact on all aspects of daily life in Kashmir. They have disrupted businesses, hampered education, impeded healthcare, and prevented people from communicating with their families and friends. In the 21st century, access to the internet is essential for social, economic, and political participation, and depriving people of this access is a gross violation of their fundamental rights.
Restrictions on Media and Information Flow: Internet shutdowns have also severely restricted the ability of journalists and media organizations to report on events in Kashmir. With limited or no access to the internet, they are unable to gather information, verify reports, and disseminate news to the outside world. This has created an information vacuum, allowing the state to control the narrative and suppress any critical reporting.
Social Media Censorship: In addition to internet shutdowns, the government has also imposed restrictions on social media platforms, including Facebook, Twitter, and WhatsApp. These restrictions make it difficult for Kashmiris to share information, express their opinions, and connect with the global community.
Online Surveillance: The government has also been accused of using sophisticated surveillance technologies to monitor online activity and censor content. This surveillance creates a climate of fear, where people are afraid to express their views online, knowing that they are being watched.
The Chilling Effect: The combination of internet shutdowns, social media restrictions, and online surveillance has had a chilling effect on freedom of expression in Kashmir. People are afraid to speak their minds, knowing that their communications may be monitored and that they could face repercussions for their online activity.

VI. The Voices of Kashmir: Resilience in the Face of Oppression

Despite the decades of conflict, militarization, and human rights violations, the people of Kashmir have demonstrated remarkable resilience and courage. They have found various ways to resist the oppression, to preserve their cultural identity, and to keep their hopes for a better future alive. Their voices, though often silenced and ignored, are a testament to the enduring human spirit and their unwavering determination to achieve justice and self-determination.

Peaceful Protests: Kashmiris have a long history of peaceful protests against injustice and oppression. They have organized demonstrations, marches, and sit-ins to demand their rights and to call for a resolution of the conflict. These protests, often met with violence and repression by the security forces, are a testament to the unwavering commitment of the Kashmiri people to their cause.
Cultural Resistance: Culture has played a vital role in the Kashmiri resistance. Music, poetry, art, and literature have been used to express dissent, to preserve cultural memory, and to articulate aspirations for freedom and self-determination. These forms of cultural expression provide a sense of identity, belonging, and continuity, helping people to cope with trauma and maintain hope in the face of adversity.
Grassroots Activism: Many Kashmiris have engaged in grassroots activism, working to document human rights abuses, to provide support to victims, and to raise awareness about the conflict. These activists, often operating at great personal risk, are the unsung heroes of the Kashmiri struggle, fighting for justice, accountability, and dignity in the face of overwhelming challenges.
The Role of Women: Women have been at the forefront of the Kashmiri resistance. They have organized protests, led marches, and provided crucial support to their families and communities. Despite facing immense challenges, including sexual violence, the loss of loved ones, and economic hardship, they have demonstrated extraordinary courage, resilience, and leadership.
The Digital Resistance: Even in the face of internet shutdowns and censorship, Kashmiris have found innovative ways to use digital technology to document their stories and to connect with the outside world. They have used social media, when available, to share information, organize protests, and raise awareness about their plight. This “digital resistance” is a testament to their determination to be heard, even in the face of a digital siege.
The Diaspora’s Role: The Kashmiri diaspora has also played an important role in raising awareness about the conflict and advocating for the rights of their people. They have organized protests, lobbied governments, and used various platforms to amplify the voices of Kashmiris and to challenge the dominant narratives.

VII. The International Community’s Response: Apathy and Indifference?

The international community’s response to the Kashmir conflict has been characterized by a mix of expressions of concern and a troubling degree of apathy and indifference. While some countries and organizations have spoken out against human rights abuses and called for a peaceful resolution, many others have remained largely silent, prioritizing their strategic and economic interests over the plight of the Kashmiri people.

Expressions of Concern: Several international organizations, including the United Nations, the European Union, and human rights groups like Amnesty International and Human Rights Watch, have documented and condemned the human rights violations in Kashmir. They have called on the Indian and Pakistani governments to respect the rights of the Kashmiri people and to hold perpetrators accountable.
Strategic Silence: Many countries, particularly those with close economic and strategic ties to India and Pakistan, have remained largely silent on the issue of Kashmir. They have prioritized their bilateral relations over the human rights of the Kashmiri people, effectively turning a blind eye to the suffering and perpetuating a culture of impunity.
The United Nations’ Role: The United Nations has played a limited role in resolving the Kashmir conflict. While it has passed resolutions calling for a plebiscite, these resolutions have never been implemented. The UN has also been criticized for its lack of action in addressing the ongoing human rights violations. However, the UN Human Rights Council has recently taken a more active role, publishing reports on the situation in Kashmir and calling for investigations into abuses.
The Need for Stronger Action: There is a growing recognition that stronger action is needed from the international community to address the Kashmir crisis. This includes not only condemning human rights violations but also taking concrete steps to hold the perpetrators accountable. It also requires addressing the root causes of the conflict and working towards a peaceful and just resolution that respects the wishes of the Kashmiri people.
The Responsibility to Protect: The international community has a moral and legal responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. This “Responsibility to Protect” (R2P) doctrine should apply to the situation in Kashmir, where there are credible allegations of serious human rights abuses that may constitute crimes against humanity.

VIII. The Path to Peace: A Roadmap for the Future

The path to peace in Kashmir is complex and challenging, but it is not impossible. A lasting and just resolution will require a multi-faceted approach that addresses the historical, political, and humanitarian dimensions of the conflict, and that prioritizes the rights and aspirations of the Kashmiri people.

Resumption of Dialogue: The first and most crucial step towards peace is the resumption of meaningful and sustained dialogue between India and Pakistan. This dialogue must go beyond mere formalities and address the core issues of the conflict, including the status of Kashmir, border disputes, and cross-border terrorism. It must also include representatives of the Kashmiri people, who are the primary stakeholders in any solution.
Confidence-Building Measures: In addition to formal dialogue, confidence-building measures (CBMs) are needed to reduce tensions, build trust, and create a more conducive environment for negotiations. These measures could include steps like easing travel restrictions, increasing cross-border trade, promoting cultural exchanges, and establishing hotlines for military communication.
Respect for Human Rights: A lasting peace can only be built on a foundation of respect for human rights. Both India and Pakistan must commit to ending human rights violations in Kashmir, holding perpetrators accountable, and ensuring that the fundamental rights of all individuals are protected. This includes releasing political prisoners, repealing draconian security laws, and allowing freedom of expression, assembly, and movement.
Self-Determination: Any solution to the Kashmir conflict must take into account the wishes and aspirations of the Kashmiri people. They are not merely a party to the conflict but the people most affected by it, and their voices must be heard. A genuine and meaningful process of self-determination, conducted in a free and fair manner, is essential to ensure a just and lasting peace. This could involve a plebiscite, a referendum, or any other democratic mechanism that allows the Kashmiri people to freely express their will.
International Mediation: The international community can play a constructive role in facilitating dialogue, promoting peace, and ensuring that any settlement is just and sustainable. This could involve offering mediation services, providing technical and financial assistance, and supporting civil society initiatives that promote peace, reconciliation, and human rights.

Bottom-Line: An Urgent Call for Justice and Resolution

The Kashmir conflict is a tragedy of immense proportions, a stain on the conscience of the international community. The people of Kashmir have endured decades of violence, oppression, and suffering, their lives and aspirations held hostage to a political dispute that seems to have no end. The time for silence, apathy, and indifference is over. The world can no longer afford to turn a blind eye to the plight of the Kashmiri people.

It is time for the international community to step up and demand an immediate end to the human rights violations, the violence, and the repression in Kashmir. It is time to hold the perpetrators accountable and to ensure that the Kashmiri people are finally able to exercise their right to self-determination. It is time to work towards a just and lasting resolution of the conflict, a solution that respects the dignity and humanity of all Kashmiris and allows them to live in peace and freedom.