Examining Human Rights Violations in IIOJK: Post-Abrogation of Article 370 and 35A of the Indian Constitution

Abstract

The abrogation of Articles 370 and 35A on 5^th August, 2019, constitutes a critical rupture in the political and constitutional framework governing Indian Illegally Occupied Jammu and Kashmir (IIOJK). This study examines the resulting transformation of social and political order in the region, with particular emphasis on the rising human rights violations between 2019 and 2025. Employing an inductive qualitative methodology, the research relies on secondary data drawn from secondary sources to further clarify the problem with utmost care. The findings reveal that the revocation of Kashmir’s special constitutional status has enabled extensive centralization of authority, accompanied by the expansion of domicile and land rights to non-Kashmiris. From a settler-colonial analytical lens, just like Israeli illegal settlements in Palestine. These measures are interpreted as instruments of demographic and political reengineering aimed at diluting indigenous political agency. This paper will use Palestine as an example of the settler-colonial concept being practiced in IIOJK. Simultaneously, the persistent use of coercive legal frameworks and securitization strategies has contributed to political marginalization, social alienation, and widespread allegations of human rights violations. Anchored in realist theory, the study argues that India’s post-2019 Kashmir policy reflects a strategic pursuit of territorial consolidation and regional hegemony, wherein sovereignty and security imperatives override normative commitments to human rights. This theoretical framework also explains the restrained response of the international community. The article further situates the Kashmir dispute within the enduring India-Pakistan rivalry, warning that unilateral constitutional and demographic interventions risk intensifying bilateral tensions. The study concludes that sustainable peace in Kashmir is essential for ensuring the right of self-determination, an inalienable right of the people of Kashmir, and that the application of UN-mandated resolutions will only bring long-term stability.