Experts say India’s constitutional ideals fall short in Kashmir
Participants call for greater scrutiny over human rights and minority protections, say Constitution is well-written but weakly applied
ISTANBUL (MNTV) — A webinar organised to mark India’s Republic Day on Monday concluded that the liberal ideals enshrined in the Indian Constitution are not reflected in the country’s approach to Jammu and Kashmir.
The participants called for greater international scrutiny of New Delhi’s human rights record and its treatment of minorities.
Speakers said that while India’s Constitution is widely regarded as one of the best-drafted legal documents in the world, its principles of equality, democratic consent, and civil liberties are seldom applied in practice when it comes to Kashmir.
The online discussion, titled “Discussing India’s Constitutional Promise & the Crisis of Equality,” brought together activists, scholars, and members of the Kashmiri diaspora from Africa, Türkiye, Pakistan, the U.K., and Germany.
The focus remained on the widening gap between constitutional guarantees and ground realities in Jammu and Kashmir.
The webinar was moderated by Maria Iqbal Tarana, former chairperson of the Commission on the Status of Women in Azad Jammu and Kashmir.
She said the Constitution, drafted under the leadership of B. R. Ambedkar, is founded on equality, popular sovereignty, and democratic consent.
But, she lamented that these principles continue to be denied to the people of Jammu and Kashmir.
She argued that respect for democratic choice is central to peace and stability in South Asia.
Dr. Mubeen Shah, former president of the Kashmir Chamber of Commerce and head of Kashmir House in Istanbul, said prolonged detentions and restrictive laws have eroded constitutional protections in the region.
He added that dissent is increasingly criminalised, while political participation is constrained through legal and administrative measures.
Raja Najabat Hussain, chairman of the Jammu Kashmir Self Determination Movement International and a U.K.-based lawyer, highlighted advocacy efforts in the U.K. and Europe to keep the Kashmir issue alive in parliamentary and diplomatic forums, despite geopolitical limitations.
Moeen Yaseen Yousuf, director of Global Vision 2000, said media narratives and political interests have contributed to the marginalisation of Kashmiri and minority voices, warning that sustained international silence risks normalising discrimination and political exclusion.
Author Saud Sultan pointed to restrictions on religious freedom and civil liberties since 2019, citing international human rights reports.
He said militarisation and limits on political and religious life have had lasting social and psychological consequences, particularly for younger generations.
The webinar concluded with a collective call for renewed international attention, protection of civil liberties, and genuine democratic engagement in line with constitutional principles, stressing that peace is unattainable without constitutional values being applied in practice.
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