ISLAMABAD, 27 October — Every year, the people of Kashmir mark Oct. 27 as a Black Day in their history. This is a legacy of the tragedy and suffering they have experienced as a result of India’s policy of using the state as an instrument of opposition to the two-nation theory, that was behind the emergence of Pakistan. Following the departure of the British colonial rulers from the subcontinent in 1947, they waited for four decades for India to honor its commitment to them as well as to the UN to allow the Kashmiris to exercise their right to self-determination. It was only in 1989 that they launched a popular indigenous movement to secure this right. Rather than responding in a responsible and democratic manner, India has resorted to repression, and over 75,000 Kashmiris have been killed since then. Over the recent months, the level of violence, and of brutality, has been raised with induction of additional forces over and above the 700,000 already in Jammu and Kashmir.
The people of Kashmir, long known as gentle and peace-loving, have demonstrated remarkable perseverance in withstanding this repression and violation of their human and democratic rights. In fact, they are now experiencing the kind of barbarism and contempt for human life which has become the hallmark of the Israelis in Palestine, and which can only be described as state terrorism. Despite the sacrifices involved, they are showing the courage of their conviction as well as their determination to secure their rights through mass resistance to the oppression and the religious intolerance of a government dominated by Hindu extremists. They will mark Oct. 27 as Black Day because it was on this date, in 1947, when the so-called accession of the state to India was engineered through the Hindu Maharaja acting with total disregard for the wishes of the overwhelming Muslim majority of the people of Kashmir.
Kashmir, whose location and population both made accession to Pakistan a foregone conclusion, became the center of a conspiracy, in which Lord Mountbatten, the last Viceroy of India played a major role. First, the boundary award, decided by Sir Cyril Radcliffe, provided geographical access by India to Kashmir through the inclusion of most of Gurdaspur District into India. Second, as the Hindu Maharaja unleashed violent repression against the Muslim population, Muslim tribesmen across the state boundary stepped in to help them. The Maharaja sought assistance from India, and was advised by Mountbatten to accede to India to justify intervention by Indian forces.
The act of accession took place on Oct. 27, though doubts have been raised by Alastair Lamb, British expert on the subject, whether a valid accession had taken place before Indian forces were actually flown in. As the Kashmiri freedom fighters rose up, and the fighting spread, the arrival of large numbers of Indian troops compelled the Pakistan Army to intervene in order to safeguard the security of Pakistan. India took the matter to the UN, to complain against Pakistan’s involvement in a state it claimed as an integral part of its territory, on the basis of the accession by the Maharaja. After extended debates, the UN Security Council decreed a cease-fire, and passed two resolutions in August 1948 and January 1949, providing that the future of the state would be determined on the basis of the wishes of the people, to be ascertained through a plebiscite, under UN auspices.
Instead of honoring its obligations under the UN resolutions, India proceeded to establish its firm control over the state. India announced in 1954 that it felt no longer bound by them, as Pakistan had joined Western military pacts. One fails to see how the step taken by Pakistan for its security, which is permissible under Article 51 of the UN Charter, could deprive the people of Kashmir of their right to self-determination promised under the resolutions. In effect, India has held on to the part of Kashmir under its control on the basis of military might, and even declared it to be an “integral “ part of its territory. This action was justified on the basis of the accession by the Maharaja on Oct. 27.
What most of the world does not recall is that India had rejected accession as a basis for joining Pakistan in the case of the state of Junagarh, whose Muslim ruler had opted for Pakistan in 1947. India moved its army into Junagarh, conducted a referendum among the largely Hindu population, and declared that they had decided in favor of becoming a part of India. As the situation obtaining in the case of Kashmir was identical, and both Governor General Mountbatten and Prime Minister Nehru had pledged to consult the will of the people of Kashmir before making the accession final, there is no legal or moral basis for India’s control over a major part of Kashmir.
The year 1989, which became known as the “year of Democracy” on account of liberation movements all over the world, saw the people of Kashmir launch a popular movement for their rights. India committed brutal repression and massive violations of human rights in efforts to suppress this movement by force. As these tactics have failed to overwhelm the struggle, India has sought to ascribe the continued movement to “cross-border terrorism” from Pakistan. However, no movement can last for 12 years without mass support. While extending moral, political and diplomatic support to the struggle, Pakistan has followed the policy of preventing any attempt to cross the Line of Control when it has become officially aware of it. Pakistan has also suggested the strengthening of UN observers along the LoC to interdict movements across it.
The freedom movement continues in Kashmir because its people are not reconciled to India’s continued occupation of the state by sheer force. To demonstrate their continued rejection of the so-called accession by the Hindu Maharaja on Oct. 27, they will mark it as “Black Day” today.
