27th October is Black Day in History of Kashmir

27th of October is being remembered as the “Black Day” in Pakistan and India-held Kashmir as a protest against the occupation of the Kashmir, when India had forcibly taken over the land on October 27, 1947.

Kashmir is a source of long standing dispute between Pakistan and India, which originated when the people of Jammu and Kashmir state were denied the right of self-determination in 1947.

When India and Pakistan became independent on August 1947, it was generally assumed that Kashmir, as a contiguous state with a predominantly Muslim population, would accede to Pakistan. Its ruler, the Maharaja, however, on 27 October 1947 acceded to India through an improper and illegal Instrument of Accession although he has lost support of people who have established an independent state (Azad Jammu & Kashmir). On the same day, India airlifted its forces to Srinagar and occupied the valley.

It is for this reason that Kashmirs and freedom loving people all around the world celebrate 27th October as Black Day.

The unresolved issue of Kashmir is a challenge to world conscience – an emergency session of UN Security Council to condemn 154 rape cases in Democratic Republic of Congo but the rape of over 10,000 women in Indian Occupied Kashmir by Indian Security Forces goes un-noticed.

Background

Jammu Kashmir dispute dates back to the partition of the British Indian Empire, in August 1947, into two independent states, Pakistan and India.

At that time there were also around 565 princely states, large and small, which were under British suzerainty but were not directly ruled by the British Government. Most of these states joined either India or Pakistan taking into account their contiguity to one or the other country and the wishes of their people.

In Jammu and Kashmir state, the ruler was a Hindu, while the population was overwhelmingly Muslim and wanted to join Pakistan. India consistently pressurized the Hindu Ruler to accede to India.

Apprehending that the Hindu ruler was likely to succumb to Indian pressure, the people of Jammu and Kashmir rose against him, forcing him to flee from Srinagar, the capital of the State. They formed their own government on 24th October, 1947. On 27th of October, 1947, the Government of India alleged that the ruler had acceded to India on the basis of a fraudulent instrument of accession, sent its forces into the State and occupied a large part of Jammu and Kashmir.

But Indian leaders, including Jawaharlal Nehru, the Prime Minister and Lord Mountbatten, the then Governor General of India, solemnly declared that the final status of Jammu and Kashmir would be decided by the people of the  State. This declaration was reiterated by India at the UN Security Council when the dispute was referred to that august body, under chapter 6 of the U.N Charter relating to peaceful settlement of disputes.

UN Resolution

The Security Council resolutions provides for holding of a fair and impartial plebiscite in Jammu and Kashmir under UN auspices to enable the Kashmiri people to exercise their right of self-determination and join either Pakistan or India. The UN also deployed the United Nations Military Observer Group (UNMOGIP) to monitor the cease-fire line between the Liberated or Azad Kashmir area and the Indian Held Kashmir (IHK). These resolutions were accepted by India and Pakistan and constitute an agreed legal basis  for settlement of the dispute. 

India’s illegal occupation of Kashmir

India, however, thwarted all attempts by the United Nations to organize a plebiscite in the State of Jammu and Kashmir. Eventually, India openly resiled from its commitments and declared that Jammu and Kashmir was an integral part of India.

The Indian armed intervention in the State of Jammu and Kashmir was illegal and took place against the wishes of the Kashmiri people. Despite the decision of the UN Security Council for the holding of a plebiscite to allow the people of Jammu and Kashmir to determine their own future, India’s own pledges to that effect, and reiteration of their commitment of resolving the Kashmir issue in the Simla Agreement of 1972 signed between Pakistan and India after the 1971 war, India continues to remain in illegal occupation of a large part of Jammu and Kashmir, refuses to allow the Kashmiris to decide their own future and continues its brutal suppression in the territory. 

Moreover, India went on to violate other aspects of the Simla agreement, specifically the undertaking that neither side shall change the ground situation, by occupying the Chorbat La, Siachen&Qamar sectors, an area over 2500 sq. kilometres between 1972 to 1988.

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All Parties Hurriyat (Freedom) Conference

India refuses to acknowledge that the people of Indian Held Kashmir (IHK) have become totally alienated and there is complete rejection of Indian occupation. Several Kashmiri political parties have formed the all Pakistan Hurriyat (Freedom) Conference (APHC) to continue the political struggle for self-determination. The APHC, therefore, constitutes the true representative of the Kashmiri people.

Instead of accepting the existing reality, India has sought to blame Pakistan for allegedly promoting the Kashmiri uprising. The fact is that this movement is completely indigenous and enjoys mass support. The Indian allegations against Pakistan are a ploy to mislead the International Community and to create a smokescreen behind which they can continue repression in IHK.

After more than four decades of a peaceful struggle against Indian repression, manipulation and exploitation, the Kashmiri people, convinced that India would never honour its commitments, and inspired by similar movements for freedom in other parts of the world, rose against the Indian occupation towards the later part of 1989. Their struggle was, and remains, largely peaceful.

Pakistan’s Perspective

A peaceful, negotiated settlement of the Kashmir dispute in accordance with UN resolutions remains on top of Pakistan’s foreign policy agenda.

UN Security Council resolutions that call for a plebiscite under UN auspices. It is in keeping with the solemn pledge made to the Kashmiri people by Pakistan, India and the international community. 

In order to find an early and just solution to the decades old Jammu and Kashmir dispute, Pakistan has welcomed offers of good offices and third-party mediation. It has encouraged the international community to play an active role and facilitate the peaceful settlement of disputes between Pakistan and India. 

Pakistan will continue to extend full political, diplomatic and moral support to the legitimate Kashmiri struggle for their right to self-determination as enshrined in the relevant United Nations resolutions. In the context of the bilateral dialogue, it calls on India to translate its commitments into reality. At the same time, it will encourage the international community to support and supplement our efforts to establish lasting peace and stability in South Asia on the basis of equitable resolution of all disputes between the two countries, in particular the core issue of Jammu and Kashmir.