October 27th, widely observed as "Black Day," marks a significant and painful chapter in the history of Indian occupied Jammu & Kashmir. It commemorates the day in 1947 when Indian forces landed in Srinagar, following the alleged accession of Jammu and Kashmir to India by Maharaja Hari Singh. This day marks the beginning of a long and bloody conflict that has spanned over seven decades, costing countless lives and eroding the basic rights of the Kashmiri people. For the people of Jammu and Kashmir, this day symbolizes the betrayal of their right to self-determination and the beginning of a long struggle for justice and freedom.
By: Hasnain Khan
In
1947, during the partition of British India, princely states like Jammu and
Kashmir were given the choice to accede to either India or Pakistan, or to
remain independent. Maharaja Hari Singh, the Hindu ruler of a Muslim-majority
state, found himself in a dilemma. The majority of the Kashmiri population, being
Muslims, naturally leaned towards joining Pakistan. This desire was formally
expressed through the Ilhaq-e-Pakistan Resolution passed by the All Jammu and
Kashmir Muslim Conference on July 19, 1947, which reflected the aspirations of
the people to accede to Pakistan.
However,
As the political situation in the region grew more volatile, with increasing
unrest among the population and the outbreak of rebellion in Poonch, Maharaja
Hari Singh found his control weakening. Faced with this, the Maharaja allegedly
signed the Instrument of Accession to India on October 26, 1947, a day before
Indian troops entered Kashmir. However, the legitimacy of this accession
remains highly contentious.
The
manner in which the accession was made, without consulting the Kashmiri people,
was a clear violation of their right to self-determination. The fact that the
Indian government had made the acceptance of the Instrument conditional on a
plebiscite, promising that the people of Jammu and Kashmir would be given the
opportunity to determine their own future, adds to the controversy. This
plebiscite has yet to take place, more than seven decades later, leaving the
fate of Kashmir unresolved.
The
right to self-determination is a fundamental principle enshrined in
international law and upheld by the United Nations. This principle was clearly
articulated in the case of Jammu and Kashmir by the UN Security Council in
various resolutions. Most notably, UN Resolution 47, passed in April 1948,
called for a plebiscite in Jammu and Kashmir, allowing the people to decide
whether they wanted to join India or Pakistan. This resolution also called for
the withdrawal of Indian and Pakistani troops from the region to create an
environment conducive to a fair and free vote.
Further
resolutions, including Resolutions 91 and 122, reaffirmed the commitment to the
right of Kashmiris to determine their own future through a democratic process.
However, these resolutions remain unimplemented to this day. Instead of
honoring its commitments to hold a plebiscite, India has continued to maintain
a heavy military presence in the region, further entrenching the occupation and
violating the rights of Kashmiris.
October
27, 1947, marks the start of the Indian occupation of Jammu and Kashmir, which
has since become one of the most militarized regions in the world. Over the
years, the Kashmir conflict has led to significant human suffering. Tens of
thousands of Kashmiris have been killed in the ongoing violence, while many
others have been subjected to enforced disappearances, arbitrary detentions,
and torture. The use of pellet guns, mass rapes, and other forms of violence
against the civilian population have been widely condemned by human rights
organizations. However, because
geographic factors top the desire for justice and peace in the region, these
worries have frequently been responded to with silence. In order to have any
chance of a fair and peaceful settlement to the dispute, the international
community must be involved.
Kashmir's
future has numerous obstacles, yet it is not impossible to solve. The voices of
the Kashmiri people, who have far too frequently been left out of discussions
between India and Pakistan, must be included in any long-term solution.
decreasing the conflict and fostering trust require confidence-building
initiatives including demilitarization, the restoration of civil liberties, and
the release of political prisoners.
The Kashmir conflict is not merely a territorial dispute between India and Pakistan; it is a human tragedy. The continued occupation of Jammu and Kashmir by Indian forces is a violation of international law and the fundamental right of Kashmiris to self-determination. Until the international community takes concrete steps to implement the UN resolutions and pressure India to allow the Kashmiri people to exercise their right to decide their future, the region will remain trapped in a cycle of violence, repression, and injustice. October 27th, Black Day, stands as a reminder of the Kashmiri people’s long and ongoing struggle for freedom and justice. It is a day that calls for renewed international attention to the plight of Kashmir and the need for a peaceful resolution that honors the will of its people.
The writer is a student at the Abdul
Wali Khan University Mardan, pursuing a degree in International Relation and is
currently serving as an intern at Kashmir Institute of International Relation
(KIIR)