Daily Times

In a brazen and blatant breach of the Indian Independence Act and the Partition Plan, India tried to incorporate Kashmir into the Indian Union through force and landed its troops in Srinagar on 27th October 1947. The action, as claimed by India, was taken on the basis of an instrument of accession that the ruler of Kashmir signed with India, which is neither part of the official record concerning partition nor has been shown to the world.

The people of Kashmir revolted against the Indian move.

With the aim of changing the demographic realities, the Indian troops, forces of Maharaja and Hindu extremists indulged in the reckless massacre of Kashmiri Muslims who were 87 percent of the population of Jammu and Kashmir. The ensuing situation led to war between India and Pakistan. Since then, notwithstanding UN resolutions regarding settling the question of accession of Kashmir through plebiscite, and promises made by Pandit Jawaharlal Nehru and Lord Mountbatten to make a reference to the people, India continues to occupy Kashmir, and deny the right of self-determination to the people of the state. That is why 27th October is observed as the Black Day in Kashmir, in Pakistan and all over the world where Kashmiris live to remind the global community and the UN of their obligations towards the people of Kashmir.

According to the Indian Independence Act, the rulers of princely states were given the choice to freely accede to either India or Pakistan, or to remain independent. They were, however, advised to keep the geographical proximity and demographic realities in view while deciding the accession. In case of Kashmir both these elements were negated. The revolt of Kashmiris against their ruler’s pretensions to join India, and the resultant war between India and Pakistan is a strong testimony to the fact that the people of Kashmir wanted to join Pakistan.

In regard to the UN resolution on Kashmir it is relevant to point out that in the wake of the war that broke out between the two countries after the landing of Indian forces in Kashmir, it was India that took the matter to the United Nations (UN), which facilitated an immediate ceasefire. The UN during the course of its deliberations on the subject passed 23 resolutions, including two UNICEP resolutions of 13 August 1948 and 5th January 1949, calling for a plebiscite in Kashmir under the auspices of the UN. It is quite evident that the Independence Act, the Partition Plan and the UN resolutions vividly recognised the right of the right of the people of Kashmir to decide their future through their free will.

It is also pertinent to mention that the UN through its resolutions 91 and 122 also repudiated Indian stance that the issue of accession of Kashmir had been resolved by the constituent assembly of Kashmir. These resolutions reiterated that the question of accession could not be resolved by any means other than enunciated in the UN resolutions on the subject. This proves beyond any doubt that the Indian claims of Kashmir being an integral part of India represent travesty of facts and lack any legal basis.

This claim has also been effectively negated by the High Court of Jammu and Kashmir in a landmark judgment on the attempts by Modi government to have Article 370 of the Indian constitution — which gives special status to Kashmir — repealed. The judgment said: “Article 370 of the Indian constitution is a permanent provision and cannot be abrogated, repealed or even amended. Jammu and Kashmir retained limited sovereignty and did not merge with the dominion of India after partition in 1947.”

The BJP in its manifesto for elections in 2014 had made a pledge to integrate the state of Jammu and Kashmir with the Indian union, and accordingly, a move was initiated by the BJP government in connivance with RSS to have Article 370 of the Indian constitution repealed.

The Indian intransigence to fulfil its obligations in conformity with UN resolutions and insistence on Kashmir being an integral part of India led to two more wars between India and Pakistan, and eventually to the launching of an armed struggle by the people of Kashmir in 1989 to win their freedom under the banner of Jammu and Kashmir Liberation Front. Since then India has been ruthlessly using its military might to suppress the freedom struggle. According to reports compiled by human rights organisations within India and those working globally, like the Amnesty International, Indian troops have brutally killed 93,935 people and raped thousands of women.

The same approach has been adopted by Indian forces since the unfurling of the current uprising in the backdrop of the killing of Burhan Wani; it continues unabated for well over three months. The Indian security forces have killed more than 110 Kashmiris, and maimed and injured thousands of them through use of pallet guns. Regrettably, the international community and the UN are neither paying any heed to Indian atrocities and human rights violations in Kashmir by Indian security forces nor seem inclined to ask India to resolve the Kashmir issue in consonance with UN resolutions. Indian government is also trying its best to portray the situation in Kashmir as acts of terrorism sponsored and backed by Pakistan in a bid to raise a smokescreen over what its security forces are doing in the valley, and also to isolate Pakistan globally.

Under the prevailing situation, Pakistan has done well by launching a diplomatic offensive to sensitise the world community about blatant human rights violations by the Indian security forces in Kashmir, and inviting attention of the UN and the powers that be to their failure to have the Kashmir dispute resolved in spite of the lapse of 67 years. Prime Minister Nawaz Sharif justifiably raised the Kashmir issue at the UN General Assembly with a view to shake the conscience of the world community, and to remind it of its obligations towards the people of Kashmir in regard to their inalienable right of self-determination.

Resolution of the Kashmir issue is in the interest of both Pakistan and India and other countries of the region. The continuation of hostilities between the two will harm both of them. History is a witness to the fact that no people can be kept under subjugation against their will for long. The people of Kashmir, come what may, are not going to accept Indian occupation as is evident from their continued struggle. Similarly, Pakistan being a party to the dispute cannot remain oblivious to what is happening in the valley. Pakistan has the right to extend moral, political and diplomatic support to the liberation movement launched by the people of Kashmir till such time India agrees to act in line with the UN resolutions. India must realise peace, security and economic progress in both the countries as well as in the region greatly depends on the resolution of the Kashmir dispute. The UN and international community also need to recognise this inescapable reality.

The writer is a retired diplomat, a freelance columnist and a member of the visiting faculty of the Riphah Institute of Media Sciences, Riphah International University, Islamabad. He can be reached at ashpak10@gmail.com