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UNCIP Day on Kashmir

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Sajjad Shaukat

EVERY year, January 5 is celebrated by the people of Jammu and Kashmir, living on both sides of the Line of Control (LoC) and rest of the world in remembrance of the pledges of the UNO, as on this very day in 1949, UNCIP (United Nations Commission for Indian Pakistan) resolution adopted in which Kashmiris’ right of self-determination was granted through a free and impartial plebiscite. During the partition of the subcontinent, the people of the State of Jammu and Kashmir (J&K) which comprised Muslim majority decided to join Pakistan according to the British formula. But, Dogra Raja, Sir Hari Singh, a Hindu who was ruling over the J&K in collusion with the Indian Prime Minister Jawaharlal Nehru and Governor General Lord Mountbatten [allegedly] joined India. The design to forcibly wrest Kashmir began to unfold on 16 August 1947, with the announcement of the Radcliffe Boundary Award. It gave the Gurdaspur District — a majority Muslim area to India to provide a land route to the Indian armed forces to move into the J&K. The State forces revolted against the Maharaja and were joined by Pathan tribesmen. Mountbatten ordered armed forces to land in Srinagar. Indian forces invaded Srinagar on 27 October 1947 and forcibly occupied the J&K in utter violation of the partition plan and against the wishes of the Kashmiri people. When Pakistan responded militarily, on 31 December 1947, India made an appeal to the UN Security Council to intervene and a ceasefire ultimately came into effect on 01 January 1949, following UN resolutions calling for a plebiscite in Jammu & Kashmir.
The Security Council adopted resolution of 21 April 1948, which promised a plebiscite under UN auspices to enable the people of Jammu and Kashmir to determine whether they wish to join Pakistan or India. On 05 February 1964, India backed out of its commitment of holding plebiscite. Instead, Indian Parliament declared Kashmir, an integral part of the Indian Union. And Indian Parliament revoked Articles 35-A and 370 of the Constitution on 05 August 2019, which gave a special status to the disputed territory of the Indian Illegally Occupied Jammu and Kashmir (IIOJK). The act split the IIOJK into two territories to be ruled directly from Centre. Thus, Indian fanatic Prime Minister Narendra Modi’s government led by extremist ruling party BJP unilaterally annexed the India-occupied Kashmir (IoK) to turn Muslim majority into minority. Now, more than 16 months have passed, but Indian strict military lockdown in the IIOJK continues unabated. Despite the deployment of more than 900,000 military troops in the IIOJK, who have martyred thousands of the Kashmiris, including women and children through brutal tactics-fake encounters — closure of mosques, shortage of foods, medicines for the patients and coronavirus-affected people, the use of pellet guns and phosphorus bombs, Kashmiris continue war of liberation. In order to conceal India’s state terrorism, Kashmir has been cut off from rest of the world. Besides, New Delhi also amended a law in October last year regarding the IIOJK, allowing Indian citizens to buy land there. Indian prejudiced rulers’ various other measures such as issuance of domicile certificates to more than 500000 non-Kashmiris show Indian fascist campaign.
Since 1989, Kashmiris have already been enduring various forms of state terrorism, no Indian soldier has ever been taken to task for his heinous crimes. Hence, since the military clampdown started, Indian forces have intensified the employment of these cruel tactics. Almost, 100,000 Kashmiris have died in the past 30 years. In this respect, UN human rights experts on 04 August 2020 called on India and the international community to take urgent action to address the “alarming” human rights situation in Jammu and Kashmir — “to investigate all cases of human rights violations, including extrajudicial killings, enforced disappearances, torture and arbitrary detentions.” Amnesty International said on 29 September last year that it is “stopping its work in India because the government has frozen its bank accounts on 10 September 2020 for highlighting rights violations in Jammu and Kashmir…the government had sought to punish it for that”. In the recent past, the UNSC in its meetings has thrice reiterated that the Kashmir issue requires to be settled in accordance with the principles of the UN Charter and the related Security Council resolutions, as the world has refused to believe in the Indian story that its actions are its internal matter. Moreover, Indian extremist rulers are escalating tension with Pakistan to divert attention from the drastic situation of the IOK and Indian internal issues. For the purpose, Indian forces have also accelerated shelling inside Pakistani side of Kashmir by violating the ceasefire agreement in relation to the Line of Control (LoC). In a recent statement, ISPR said that Chief of Army Staff (COAS) General Qamar Javed Bajwa visited forward troops deployed along Line of Control.
The statement pointed out that on 18 December 2020, Indian troops deployed along Line of Control in Charikot sector specifically targeted a United Nations vehicle carrying two officers of the United Nations Military Observer Group in India and Pakistan. The vehicle was damaged by the firing, but the officers remained unhurt. Gen. Bajwa strongly condemned the Indian act. Foreign Office Spokesperson Zahid Hafeez Chaudhri stated that Indian Army disregards the principles of the UN Charter. Pakistan has officially dispatched written letter to the UN Secretary General and President of the UNSC and demanded independent investigations of Indian firing, while also demanded that India be asked to immediately stop such type of unprovoked firings, since it is clear violation of international law; the 2003 ceasefire-agreement. Nonetheless, January 5 is reminder to the international community that New Delhi has violated UNCIP resolution which granted Kashmiris’ right of self-determination through plebiscite, while Kashmiri people are still living under occupation in the wake of Indian continuous state terrorism.
—The writer is contributing columnist, based in Lahore.

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