Why are India and Pakistan Fighting over Kashmir?

Introduction

The question of why India and Pakistan continue to fight over Kashmir is one that surfaces frequently in media, textbooks, and international discourse. It’s often presented as a straightforward territorial dispute born out of the 1947 Partition — a lingering border issue between two nuclear-armed neighbors, responsible for three wars and decades of diplomatic tension. 

While the world recognizes Kashmir as a conflict zone, this framing oversimplifies the reality. The United Nations has passed resolution 47 affirming the Kashmiri people’s right to self-determination — a promise that, more than seventy years later, remains unfulfilled. Instead of honoring this commitment, India has unlawfully occupied the territory and turned it into one of the most militarized regions on earth. Over one million Indian troops are stationed in Jammu & Kashmir, using excessive force to crush any demand for freedom or dissent.

This is not just a territorial dispute between two countries — it is a story of military occupation, repression, and a people systematically denied their voice.

The Partition, Accession, and the Conflict since 1947

The partition of British India was a pivotal event that led to the creation of the new sovereign countries of India and Pakistan. When British rule ended in August 1947, the princely rulers faced the difficult choice of joining either India or Pakistan. Maharaja Hari Singh of Jammu and Kashmir governed a Muslim-majority kingdom while pursuing a policy of autonomy amid growing uncertainty.

In October 1947, under immense pressure and conflict, the Maharaja signed the “so-called instrument of accession” to India, which triggered the first Indo-Pakistani war. A ceasefire arranged by the United Nations on January 1, 1949, ended the fighting and effectively established the ceasefire line dividing the territory. Crucially, this agreement included a promise of a referendum for the people of Kashmir, allowing them to determine their own political future.

The United Nations Security Council Resolution 47, passed on April 21, 1948, explicitly called for this plebiscite — a promise that remains unfulfilled to this day.

Today, India occupies roughly two-thirds of the original princely state, including Jammu, the Kashmir Valley, and Ladakh, while Pakistan controls the remaining territory known as Azad Jammu & Kashmir. Both countries continue to claim the entire region, fueling ongoing conflict and cycles of violence. This dispute has led to multiple wars and crises. At its core, this is not merely a territorial dispute between two nuclear-armed countries vying for strategic advantage over a region rich in water resources and key Himalayan routes — it is a struggle over the right of Kashmiris to self-determination and freedom. Moreover, The Global Peace Index 2025 puts Kashmir, Taiwan, and the Middle East as the three most important places in the globe where tensions are rising.

Right to self-determination

The key issue in Kashmir is the right to self-determination. In 1948, the UNSC passed Resolution 47, which called for a plebiscite to allow the people of Kashmir to determine their own future. However, the plebiscite was never held. Both sides accused each other of failing to meet the required conditions — Pakistan was expected to withdraw its troops and irregular forces, while India was supposed to reduce its military presence to a level sufficient only to maintain peace.

As time passed, the international community’s focus waned, and the long-awaited democratic choice for the Kashmiri people was denied. For Kashmiris, this unfulfilled promise remains a powerful symbol of their ongoing struggle for justice and recognition. Even after more than seventy-five years, they continue to call on the world to acknowledge their right to self-determination and to support their quest for freedom.

Unlawful Occupation and Suppression in India Governed Kashmir

Five years following the revocation of Jammu & Kashmir’s limited autonomy in August 2019, fundamental civil liberties continue to be significantly constrained; individuals such as critics, journalists, and activists encounter arbitrary detention under broad anti-terror legislation. According to a report, Indian Occupied Kashmir has been classified as “Partly Free.” This assessment challenges India’s claims as the “largest democracy” and highlights concerns regarding intrusive surveillance, frequent internet shutdowns, and restrictions on the right to peaceful protest. Travel bans are employed to suppress dissent, whereas the Public Safety Act permits imprisonment for as long as two years without formal charges being brought. Kashmiri civil society organizations assert that these actions violate India’s constitutional protections and its obligations under international human rights law.

For seventy years, Article 370 of India’s constitution acknowledged the unique status of Jammu & Kashmir, thereby constraining the legislative authority of New Delhi. On August 5th, 2019 the Indian parliament annulled this provision and split the state into two union territories

More than just a territorial dispute

The dynamics of occupation, resistance, and the connotation of calling Kashmir only a “territorial dispute” hides the deep realities of occupation and persecution that people go through. Indian-occupied Kashmir has become one of the most militarized places in the world since the late 1980s. There are almost half a million army and paramilitary personnel stationed in that region, making it one of the most militarized regions in the world. The presence of armed personnel has created a climate of dread, continual monitoring, and repression. Human Rights Watch and Amnesty International have carefully recorded many breaches of human rights. These include the Unlawful Activities (Prevention) Act (UAPA), which allows for arbitrary detentions, large-scale arrests, torture, and executions that happen outside of court. The Indian government has often shut down internet and mobile networks in the area, and some of these blackouts have lasted for hundreds of days. Because of this, Kashmiris are effectively cut off from the outside world and from one other. Information blackouts make daily living much harder and more difficult to get independent news and humanitarian aid. These blackouts also hide proof of the state’s atrocities. In these places, journalists are regularly harassed or arrested, and activists are often falsely accused of breaking the law. A 2024 review in Lancet Psychiatry said that one in five people in Kashmir had post-traumatic stress disorder, which is double the national norm for India.

The Pahalgam Incident and the Current Crisis

The recent 2025 Pahalgam incident, brought the region back into the forefront and held a mirror to the international assumptions and narratives that overshadow the root issue. In April 2025, gunmen attacked a group of visitors, killing 26 people. India quickly blamed the attack on terrorist organizations based in Pakistan with little evidence, while Pakistan denied any involvement. The following four days saw a dangerous military escalation, with India carrying out airstrikes on what it claimed were terrorist facilities in Pakistan.

In response, Pakistan launched its own attacks. After international powers intervened and helped establish a ceasefire, tensions eventually cooled down. However, this ceasefire, like many before it, is merely a temporary fix that doesn’t address the core conflict. Although these ceasefires can pause the fighting momentarily, they do not bring lasting peace. At best, these initiatives are well-intentioned attempts to ease tensions and prevent further bloodshed in the near future.

Contemporary Realities After the Ceasefire

The fundamental issues of military occupation, human rights abuses, and the lack of self-determination remain unresolved. Failure to address these fundamental issues renders every brief moment of peace only an indication to danger ahead. Ceasefires alone are insufficient to achieve lasting peace in Kashmir.

What is happening in Kashmir surpasses basic political rivalry or the consequences of partition. Kashmir’s struggle fundamentally represents a pursuit of respect, fairness, and autonomy in decision-making. The ongoing occupation, censorship, and recurring violence in Kashmir are untenable. Rather than engaging in conflict, India and Pakistan must prioritize meaningful dialogue that centers the rights and voices of the Kashmiri people.

The international community must reaffirm its commitment to achieving a just and lasting resolution based on democratic principles. Until then, lasting peace in Kashmir will remain elusive.