Kashmir: Unfinished agenda of partition

Dr A Z Hilali

 

KASHMIRI people have endured one of the longest and deadliest occupations in modern history. Tens of thousands of innocent and unarmed people have been killed or injured, leaving countless children orphaned or separated from their families. The ongoing Indian actions have resulted in widespread civilian casualties, particularly in the Kashmir Valley, drawing global scrutiny and diverse international perspectives.

Human rights organizations have described India’s military actions as violations of international law, involving acts intended to destroy, in whole or in part, an ethnic or religious group through killings, serious harm and conditions leading to physical destruction. The United Nations has also expressed concern over the impact of the conflict on civilians, particularly children and women. The prolonged military presence, restrictions and blockades have contributed to displacement, disease and a humanitarian crisis.

Historically, the people of the Kashmir & Kashmir launched a political movement following the departure of the British and demanded accession to Pakistan on July 19, 1947. Under the platform of the All Jammu and Kashmir Muslim Conference in Srinagar, led by Sardar Muhammad Ibrahim Khan at Aabi Guzar, representatives of the Muslim-majority population unanimously adopted a resolution supporting accession to Pakistan on the basis of geographical, economic and religious ties. The day marked a significant political turning point, mobilizing the masses and transforming the political, cultural and social landscape of Kashmir. Since then, Kashmiris across the world have observed Accession to Pakistan Day with renewed commitment to the right of self-determination as guaranteed by the United Nations Security Council resolutions. The movement reflected the aspirations of the majority of Kashmiris, who sought freedom from Indian domination and viewed Pakistan as their natural destination because of shared rivers, language, culture and religion.

Historian Alastair Lamb, in Kashmir: A Disputed Legacy (1991) and Birth of a Tragedy (2008), argues that India’s intervention in 1947 and the subsequent integration of Jammu and Kashmir with India lacked legitimacy. He contends that the Muslim-majority character of Kashmir necessitated accession to Pakistan and questions the authenticity and timing of the Maharaja’s Instrument of Accession, maintaining that it was likely signed after Indian troops had already landed in Srinagar. The award of Muslim-majority districts such as Gurdaspur to India under the Radcliffe Award remains highly controversial because it provided India with the geographical link to enter Kashmir. Consequently, the wishes of the Kashmiri people were disregarded.

On August 5, 2019, Prime Minister Narendra Modi revoked Articles 370 and 35-A, ending the special constitutional status of Indian-occupied Jammu & Kashmir and dividing the region into two union territories. The move, according to the author, violated the principles of Partition, the United Nations Security Council resolutions and international law. It was followed by security crackdowns, communication blackouts and the detention of local political leaders.

The fate of Jammu and Kashmir, the author argues, should ultimately be decided in accordance with the wishes of the Kashmiri people through the exercise of their right to self-determination. The suffering endured over decades has been widely documented by international bodies and has generated global concern. Every year, Kashmiris observe Accession to Pakistan Day, reaffirming their historical decision of July 19, 1947 and expressing their aspiration to determine their future in accordance with their political, geographical, cultural and religious identity.

—The writer is a defence and security analyst based in Islamabad.

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