Dr. Ghulam Nabi Fai
Chairman
World Forum for Peace & Justice

February 26, 2026

At the 61st session of the United Nations Human Rights Council, India’s External Affairs Minister, Dr. Subrahmanyam Jaishankar, reaffirmed India’s commitment to democracy, pluralism, and the protection of human rights. Shortly thereafter, India’s delegate, Ms. Annupama Singh, reiterated that Jammu and Kashmir “was, is and will remain an integral and inalienable part of India,” asserting that its accession in 1947 was legal and irrevocable.

These claims merit careful scrutiny.

The central question remains: by what justifiable legal and democratic process did Kashmir become a permanent part of India?

First, reference is made to the Instrument of Accession signed by Maharaja Hari Singh in October 1947. Yet historical records show that the accession was accepted by Governor-General Lord Mountbatten subject to the will of the people being ascertained. India itself brought the matter before the United Nations in January 1948. On January 15, 1948, India’s representative to the Security Council, Sir Gopalaswami Ayyangar, explicitly acknowledged that the final disposition of Kashmir would depend upon “the unfettered decision by the people of Kashmir” after restoration of normalcy.

The principle of a plebiscite was not imposed upon India; it was endorsed by India.

Second, India later argued that the Jammu and Kashmir Constituent Assembly’s actions settled the matter. Yet India assured the Security Council that decisions of that Assembly would not prejudice the promised plebiscite. Security Council resolutions remain in force unless superseded by subsequent resolutions. No unilateral domestic measure can extinguish obligations undertaken before the international community.

Third, the passage of time does not legalize unresolved disputes under international law. The persistence of political alienation and periodic unrest in the region underscores that the question has not been settled in the hearts and minds of the people concerned.

International voices have repeatedly affirmed that Kashmir is not merely an internal matter. UN Secretary-General António Guterres has stated that the issue must be resolved in accordance with the UN Charter and relevant Security Council resolutions.

Former UN High Commissioner for Human Rights Michelle Bachelet emphasized the need to give the people of Kashmir the right to self-determination and to include Kashmiris in dialogue and respect their rights. Independent UN Special Rapporteurs have raised concerns about demographic changes, loss of autonomy, and restrictions on civil liberties.
The debate is therefore not rhetorical; it is grounded in international commitments.

Turning to the human rights dimension, multiple credible sources have documented concerns. The U.S. Department of State has reported 8000 to 10,000 of disappearances in past decades. Amnesty International and Human Rights Watch have criticized the use of preventive detention laws such as the Public Safety Act (PSA) and the Armed Forces Special Powers Act (AFSPA), which grant sweeping powers and effective immunity. UN reports have highlighted allegations of excessive force, arbitrary detention, restrictions on media, and unresolved cases such as Kunan-Poshpora.

A recent report by India’s own Concerned Citizens Group described an atmosphere of “sullen silence,” deepened alienation, and fear of dissent in the region.

These are not partisan observations. They come from international institutions, respected NGOs, and independent experts.

If India’s leadership affirms pluralism and equality, the logical course would be to permit unrestricted access to UN Special Rapporteurs, allow independent media scrutiny, and restore full civil liberties consistent with international standards. Transparency strengthens democracies; it does not weaken them.
Kashmir remains a nuclear flashpoint between two states. Durable peace requires more than assertions of sovereignty. It requires consent, inclusion, and the rule of law.

The Human Rights Council exists precisely to ensure that political narratives do not eclipse human dignity. The people of Kashmir—like all peoples—are entitled to the protections of international human rights law and to the fulfillment of commitments made before the United Nations.

The path forward lies not in repetition of positions, but in renewed engagement with international legal principles and meaningful dialogue that includes the people most affected – Kashmir.

Dr. Fai is also the Secretary General
World Kashmir Awareness forum.
He can be reached at:
WhatsApp: 1-202-607-6435 or gnfai2003@yahoo.com
www.kashmirawareness.org