Dr Muhammad Khan
THE unilateral and illegal act of Indian Government in IIOJK on 5 Aug 2019 had added yet another ‘Black Day’ for the people of Jammu and Kashmir. Earlier, the people of Jammu and Kashmir used to hold their protests rallies and demonstrations on Oct 27 to mark their hate against the Indian occupation. On 27 Oct 1947, India invaded Jammu and Kashmir in complete disregards to Indian Partition Plan, Indian Independence Act, the UN Charter and above all, against the wishes of the people of Jammu and Kashmir. Much before the independence of India and Pakistan, the people of Jammu and Kashmir had chosen Pakistan as their future destination. They started their struggle against Dogra rule in early 20th Century and since then were put through various forms of repression and suppression by Dogra rule until 1947. Thereafter, India started the same dirty game against the people of Kashmir. India took the plea of fraudulent Instrument of Accession, which it claimed was signed between Indian Government and Maharaja Hari Singh. The reality is that, no instrument of accession was signed between Indian Government and Maharaja of Kashmir. A distinguished British Historian Alistair Lamb has challenged Indian narrative in his books: “The Birth of Tragedy” and “Kashmir; A Disputed Legacy” by stating that any instrument was drafted in Delhi and presented to Maharaja on 26 Oct 1947. He and many other experts on Kashmir rejected the Indian plea of signing any instrument of accession before invasion of Indian Army at Srinagar Airport on 27 Oct 1947.
Indeed, as per Article 7 of the Indian Independence Act, Maharaja’s rule over Kashmir lapsed on 15 August 1947, thus had no authority to sign such an agreement even if he tried. Article 7 of the Act states, “the suzerainty of His Majesty over the Indian states lapse on 15th Day of August and with it lapses all treaties and agreements enforced at the date of the passing of this Act between His Majesty and the rulers of Indian states”. As per Indian Independence Act, all agreements of British governments with either rulers or states also lapsed on 15th of August 1947. Since the state of Jammu and Kashmir was a Princely State with a special autonomous status, therefore, it can be very conveniently said that on 15th day of August 1947, the Maharaja Sir Hari Singh was not the legal ruler of the state of Jammu and Kashmir as all his treaties with British India lapsed on that day. Once he was not a legal ruler of the state, he had no right to sign the instrument of accession (if at all he signed that) with the new Indian dominion. Despite its heavy military invasion in Indian Illegally Occupied Jammu and Kashmir (IIOJK), India failed to secure those areas of the state which were captured by Kashmiri irregular forces and a few battalions of Pak Army. India took the case to UN on 1 January 1948 where it was decided through a number of resolutions that future of the state will be decided through the impartial plebiscite under UN auspices. After initial acceptance of UN resolutions, India started delaying the implementation of the resolutions and later denied to conduct the plebiscite. In mid 1950s, India started calling Kashmir as its integral part and later on 5 August 2019 unilaterally annexed the State with Indian Union as Union territories. Since then, IIOJK is in the state of constant siege and curfew. In last over 14 months India arrested over 15,000 Kashmiri youth and killed over 500 Kashmiris through fake encounters and direct attacks. Indeed, it was a re-occupation of the IIOJK on 5 August 2019 with new reign of terror in the occupied state.
For the last seven decades, India has been wrongly projecting Kashmir as its integral part, since there was a basic contradiction between what India roclaims and what Indian Constitution warrants. Article 370 of its Constitution, which India abrogated on 5 August 2019 was drafted in part XXI of the Indian Constitution and clearly related, a “Temporary, Transitional and Special Provisions” of Kashmir. No integral Indian state has been ruled through this article, which clearly depicted that Kashmir is not integral part of Indian Union. Rather resolving the Kashmir dispute as per UN resolutions, India tried to do away the Article 370, committing another violation of UN resolutions, its own Constitution and Constitution of the state of Jammu and Kashmir. Prominent Indian leaders and many independent writers like Arundhati Roy believe, “Kashmir has never been an integral part of India, even during British rule it maintained its autonomous status. Whatever India did unilaterally on 5 August 2019 was an illegal act and nothing more than a violation of UN resolutions and its own constitution. Indeed, in IIOJK India is an occupying power or else a “colonizing power”. People of IIOJK will never accept Indian Constitution nor would they accept relegation of the status of their state into union territories. As per former Chief Minister of IIOJK, Dr Farooq Abdullah, “it was complete rubbish for the BJP to claim that the people of Kashmir have accepted the Indian Union.”
Indeed, after uplifting of siege and curfew and Section-144, there is fear of serious clashes between Kashmiris and Indian forces in IIOJK and that is the reason, New Delhi is not lifting the siege. As per Farooq Abdullah, the new domicile laws in IIOJK are aimed at inhabiting the non-Kashmiri Hindus in the Valley area of the state. Farooq Abdullah revealed details of his meeting with the Prime Minister roughly 72 hours before 5 August 2019. He said that, he was deceived by PM Modi and Amit Shah over the issue of Articles 370 and 35-A. Since then over 8,000 innocent Kashmiri youths have been subjected to disappearance and over 500 have been killed. In last a few years, more than 1000 youths lost their one or both eyes to the pellet injuries while over 1,020 are at the verge of losing their eyesight. Indian annexation of IIOJK on 5 August 2019 is illegal and against the UN resolutions. Indeed, it is a reinvasion and re-occupation of the state by India through use of 900,000 security forces. Indian degradation of IIOJK into union territories and its claim over the territory of the state is illegal and unsubstantiated. Its occupation of Jammu and Kashmir on 27 October 1947 was illegal and against UN Charter and its re-occupation of the state on 5 August 2019 was unlawful and against UN resolutions. Kashmiris throughout the world observe 27th October and 5th August as Black Days. What all people of Jammu and Kashmir demand from India; demilitarization of IIOJK, restoration of its pre-August 2019 status, immediate stoppage of human right violations and demographic changes in IIOJK and finally the plebiscite for their right of self-determination. At the same time, the people of Jammu and Kashmir expect Government of Pakistan to fully own the Kashmir, Kashmiris and the Kashmir dispute as a whole. They desire and demand that Pakistan should fight their case at all internationally forums on legal, diplomatic and political grounds. It is therefore incumbent upon Government to mobilize international community and global forums against the illegal Indian acts in IIOJK at political, diplomatic and legal grounds. On the eve of 73rd Black Day of Kashmir, Pakistan must make it clear to UN and major powers that India has to be pursued for the settlement of Kashmir dispute as per the will of its original inhabitants of the state (State Subjects).
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
