October 27, a black day for Kashmiris

The people of Jammu and Kashmir have been resisting the Indian occupation for the last 70 years. They are involved in a fierce freedom struggle, facing the worst kind of Indian state terrorism. They have braved the Indian subjugation and atrocities with great courage and New Delhi has failed to intimidate them into submission. On October 27, 1947, the sufferings of Kashmiri people started with the landing of Indian Army in Jammu and Kashmir. The day is therefore observed as a black day throughout the world wherever Kashmiris reside.

It is a fact that India disregarding the Indian Independence Act and Partition Plan in 1947, which stated that the Indian British Colony would be divided into two sovereign states, sent its troops in Jammu and Kashmir.

India forcibly occupied the princely states of Hyderabad, Junagarh and Jammu and Kashmir, the first two being Hindu majority states with Muslim rulers while the Valley had majority Muslim population but was run by a Hindu ruler. The Indian government and the Maharaja Hari Singh claimed to have an Instrument of Accession but many world historians reject the existence of any such document with the argument that if it had existed, the Indian government would have made it public, either officially or at any international forum. This never happened.

Unfortunately, the Boundary Commission, headed by British Barrister Cyril Radcliff, also helped India in occupying the Kashmir Valley. He split Gurdaspur, a Muslim majority area, and handed it over to India, thus making a demarcation that allowed a land route to Jammu and Kashmir.

Following the arrival of Indian forces, massacre of Muslims ensued so as to change the demographic status of the Valley. The people of Kashmir never accepted the illegal occupation and started a freedom struggle, supported by a public uprising in 1947. Meanwhile, the Indian government approached the UN Security Council on January 1, 1948, seeking its help to settle the dispute over Kashmir. The Security Council passed two resolutions approving a ceasefire, demarcation of the ceasefire line, demilitarization of the state and a free and

impartial plebiscite to be conducted under the supervision of the United Nations. These resolutions were passed on August 13, 1948, and January 5, 1949, which were accepted both by Pakistan and India. Only one phase of these resolutions (ceasefire and demarcation of ceasefire line) was implemented while demilitarization of the occupied territory and holding of a plebiscite still remain unimplemented.

The festering problem has led to the barbaric killings of thousands of people in the valley, including women and children, by the Indian armed forces. The legal protection to the Indian troops in the guise of the Armed Forces Special Powers Act (AFSPA) is very much there. This brutal law has allowed the Indian forces to deal with the people of the valley as they please with little fear of prosecution. As global players continue to ignore the resolution of the dispute, it has become a humanitarian issue in the region. The issue remains an international dispute. However, because of its very weak case on the disputed valley, India terms it a bilateral dispute and avoids internationalizing the issue. The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein recently said in a report on held Kashmir:

“The political dimensions of the dispute between India and Pakistan have long been centre-stage, but this is not a conflict frozen in time. It is a conflict that has robbed millions of their basic human rights, and continues to this day to inflict untold suffering,” said “This is why any resolution of the political situation in Kashmir must entail a commitment to end the cycles of violence and ensure accountability for past and current violations and abuses by all parties, and provide redress for victims.” All in all, India has exhausted all its resources but has failed to suppress the liberation sentiments of the Kashmiri people.