Black Day: Kashmir's Fight for Self-Determination

Black Day: Kashmir's Fight for Self-Determination

October 27, known as Black Day, is not just a day of mourning for the decades of injustice and oppression faced by the people of Kashmir, but also a symbol of their ongoing struggle for the right to self-determination. It is crucial to recognize the detrimental role India has played, and continues to play, in sustaining this crisis. Only by understanding this can we explore meaningful pathways toward a peaceful resolution in Indian occupied Jammu & Kashmir.


By Wasif Umar


On this day, Indian troops invaded Srinagar, following the controversial accession of Jammu and Kashmir to India. This event triggered one of the longest-standing conflicts in modern history, as Kashmiris were denied their fundamental right to self-determination. More than seven decades later, the struggle continues, with Indian authorities intensifying their crackdown on civil society, independent media, and human rights defenders in Indian-occupied Kashmir. The events of Black Day and the ongoing suppression of Kashmiri voices reflect the deep-rooted violations of international human rights and underscore the need for global attention to the region’s plight.


When British India was partitioned in 1947, princely states, including Jammu and Kashmir, were given the option to accede to either India or Pakistan. Maharaja Hari Singh, the Hindu ruler of a Muslim-majority state, initially sought to remain independent. However, as unrest grew in the region, the Maharaja allegedly signed the Instrument of Accession to India on October 26, 1947, leading to the arrival of Indian troops the next day. This controversial and contested decision, made without consulting the Kashmiri people, violated their right to self-determination.


The accession sparked a war between India and Pakistan and India took this matter to the United Nations intervened, UN called for a plebiscite in Jammu and Kashmir to allow the people to decide their own future. UN Resolution 47, passed in 1948, explicitly recommended that both Indian and Pakistani forces withdraw from the region to enable a fair vote. Despite this, India has never held the promised plebiscite, and the military presence in Kashmir has only increased. The Kashmiri people's aspirations for self-determination have been systematically suppressed, culminating in decades of human rights violations.


Today, the Indian government’s crackdown on civil society and independent media in Kashmir is part of a broader effort to silence dissent and suppress any advocacy for self-determination. Harsh counterterrorism and state security laws, such as the Unlawful Activities (Prevention) Act (UAPA) and the Jammu and Kashmir Public Safety Act (PSA), are frequently used to target human rights defenders, journalists, and activists in the region. These laws, which violate international human rights norms, are systematically used to suppress dissent and incapacitate human rights defenders, denying Kashmiris the space to advocate for their right to self-determination.


One prominent example is the case of Khurram Parvez, a leading human rights defender and Program Coordinator of the Jammu and Kashmir Coalition of Civil Society (JKCCS). In November 2021, he was arbitrarily detained under the UAPA by India’s National Investigation Agency (NIA). Khurram’s arrest was widely condemned as a reprisal for his human rights work, which included documenting abuses by Indian forces. Despite international recognition, including receiving the Martin Ennals Award in February 2023, Khurram remains imprisoned, highlighting India’s continued efforts to stifle voices advocating for Kashmiri rights.


In addition to targeting human rights defenders, Indian authorities have also intensified their persecution of journalists in the region. Reporters like Fahad Shah and Sajjad Gul faced charges under the UAPA and PSA. Internet shutdowns, raids on media offices, and travel bans are routine, with the region experiencing the highest number of internet suspensions in the world in 2022. These measures, coupled with a new media policy implemented in June 2020, allow the Indian government to further censor news from Kashmir, restricting the flow of information and limiting the ability of Kashmiris to express themselves freely.


The international community has expressed concern over the escalating repression in Indian-occupied Kashmir, but meaningful action remains limited. UN experts, including Mary Lawlor, the Special Rapporteur on the situation of human rights defenders, have condemned India’s crackdown on civil society. Lawlor emphasized that Indian authorities appear to be intensifying the long-standing repression of Kashmiri civil society, calling for accountability.


Fernand de Varennes, the UN Special Rapporteur on Minority Issues, also criticized the international community’s role, particularly during the G20 tourism meeting held in Indian-administered Kashmir in May 2023. De Varennes warned that the event was used to "normalize" India’s military occupation, providing a veneer of support to ongoing human rights violations.


As the international community continues to raise its voice against these violations, it is crucial that more concrete actions are taken to protect the civic space in Kashmir. The observance of Black Day serves as a serious reminder of the ongoing struggle for self-determination and the urgent need to uphold the rights of Kashmiris. The UN resolutions calling for a plebiscite must be implemented, and India must be held accountable for its human rights obligations under international law.  Black Day underscores not just the historical injustice committed against the people of Indian occupied Jammu & Kashmir but also the ongoing repression they face in their quest for freedom and dignity. The world must not remain silent.

 

Writer is the student of International Relations at NDU and an intern at Kashmir Institiute of International Relations.

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