A History of Injustice: The Genesis of Kashmir’s Crisis
Overview of 27th October:
The darkest chapter in the history of Kashmir was penned down on October 27th, 1947. It was the day that led to the foundation of aggravated and lasting pain for the people of Kashmir till date. This day is remembered as “Black day”, owing to the unlawful and inhumane proceeding by Indian authorities. On 27th of October, Indian troops entered Kashmir against the will of Kashmiri people and undertook control of the region. It is pertinent to mention that there was no legal jurisdiction to the action taken by Delhi and it was all against international norms and laws. The military intervention is seen controversial itself as it led to illegal occupation of Kashmir by India. Following this day are seven decades of violence and an open-air confinement, paired with means of brutality and human right violation, all committed by the Indian authorities. Even in the wake of uncertainty and calamities, resistance and will of Independence surged in the veins of Kashmiri people.
This day painted an unimaginable picture of barbarity. Over 900,000 Indian troops have tried to shush the voice of engrieved people so far, but failed. Military movement was witnessed outside every house, the unarmed people of Kashmir were dealt with advance weaponry. Kashmiris were restricted to their homes, snatching their right to life and liberty. A cloud of fear and restlessness was created to succumb Kashmiri’s will to live. Every house in Kashmir has a story of loss to tell. The suffering that the people of Kashmir endured cannot be expressed with words.
Different phases of Kashmir conflict:
The Kashmir conflict is the major bone of contention between Indian and Pakistan. India triggered turmoil not only in Kashmir, but created a complex geopolitical situation and an unstable region. United Nations did intervene with plebiscite to determine the fate of Kashmiri people, but India’s downturn on plebiscite did show her intentions with this region. In the meantime, Kashmiri people were left in agony to find themselves stranded in between political maneuvering. With ticking time, India made this region more militarized and firmly adopted the policies of marginalizing Kashmiri people and violating international humanitarian laws. All the tactics by Indian authorities were countered with unarmed resistance and pursuit of justice.
In 1990, the conflict was further escalated when India tried to shatter the Kashmiri movement of self-determination by exacerbating the humanitarian condition in Kashmir. The year 2019 bought about a major, yet again illegal change to the status of Kashmir. The Indian authorities abrogated article 370 and 35-A from the constitution, fueling the conflict. The region was plunged into curfews and restrictions on freedom of speech was heightened. The phases did change, but not the situation of people. Reports by international bodies unveil the wrong doing of India in this region. India has claimed normalcy of tensions and development in Kashmir but Post 5th August, situation have further worsened. Increased cost of life added with marginalization and savagery for Kashiri people denies any claims of normalcy.
Human rights violations:
During the period under gruesome occupation of Kashmir, Indian authorities have committed countless human right violations. The Kashmiri people were scarred in any way possible. Equipped military of India left behind the ethics of war and continued to take down kids and women. The state sponsored violence in Kashmir escalated with time. Extra judicial killing in the region is a common tragedy the Kashmiri’s deal with. These killings are often labeled as “cross fire” or “encounter” incidents, but in reality, it is a tool of systematic oppression. On January 17, 2023, Arbaz Mir and Ahmed Mir were brutally assassinated in a siege and search operation in Budgam. Faizan Yasin Dar met the same fate on 1st February, 2023 where Indian police took life of innocent youth.
Human rights watch recent report on Kashmir lay bare the reality of India. Facing torture and forced disappearance is a common trend in Kashmir. On February, 2023, 15 years old Mohammad Shoaib got injured in a landmine blast in Poonch District and Aqib Ahmad Dar left in hospital after extreme injuries owing to torture by Indian Forces. Continued violence has led to destruction of mental health of Kashmiri people. Moreover, sexual violence is a heinous war crime, that is being committed with women and young girls in Kashmir. Rape cases have witnessed an increment and many incidents go unregistered. Suppression of freedom in any means, be it speech, assembly or religious autonomy is sponsored by brutal Indian authorities. According to reports from Amnesty International, there is a seven-fold increase in arbitrary detention post 2019. Freedom of expression has been shattered completely, around 40 government officials have been terminated for speaking in favour of Kashmir. Journalists specifically are pressurized in fear of featuring the situation of Kashmir to the whole world. In June 2024, Mian Abdul Qayyum, former president Jammu & Kashmir Court Bar Association was arrested for being vocal on human rights violation by Indian authorities. In July 2024, 3 more lawyers had been arrested and detained in jails outside Kashmir. Travel bans as well as torture is a common mean to exasperate them that goes against Public Safety Act (PSA) and Unlawful Activities Prevention Act (UAPA). Masrat Zahra, got her passport cancelled on account of becoming the voice of unheard Kashmiris. She is an internationally recognized, award winning photojournalist but Indian authorities snatched her right in July, 2023. Office of the High Commissioner for Human Rights (OHCHR) in its report on Kashmir clearly expresses concerns on tarnishing human rights condition in Kashmir.
Every day has a tale when the rights of innocent Kashmiris were snatched. They are deliberately put through violence to shatter their will of Independence, but none act of terror can do so. Facts on deteriorating human rights situation in Kashmir clearly exposes the violent Delhi occupation.
UN resolution on Kashmir:
United Nations has proven its vital role in regards to Kashmir issue. In 1948, United Nations Security Council Resolutions (UNSCR 47) suggested plebiscite to decide the fate of disputed territory. In the meantime, UNSCR 39 was passed under which United Nations Commission for India and Pakistan (UNCIP) was created to report and investigate the situation in Kashmir. The resolution of January 5, 1949 clearly states “The question of accession of the State of Jammu & Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite” focusing on the right of people to decide their future. In 1950, again security council (UNSCR 80) advocated that Kashmir issue must be solved with people’s will. UNSCR 303 did focus on ceasefire violation in Kashmir and addressed the depleting relations between Pakistan and India but much progress could not be seen. Security council in 1998 (UNSCR 1172) endorsed dialogues between India and Pakistan on peace and security uncertainty in Kashmir.
Conclusion: Kashmir issue remains an unsolved conflict between India and Pakistan, creating a hindrance in the way of global peace. Miseries of Kashmiri’s people have lasted for decades, yet their voices are still unheard. The paradise on earth has faced consequences in the form of human cost, deteriorating economy and halted development owing to the dispute. Kashmir conflict is referred as “the oldest and unresolved international conflict”. Pakistan has always shown its unwavering support to the Kashmiri cause. It is about time to put an end to long bloodshed and bring peace to the region. The case of Kashmir can only be solved when provided with right of self-determination to Kashmiri people under Security Council resolutions.
Report Prepared By: Jawad Hassan, Alina Zafar
- Kashmir’s Cry for Justice on Human Rights Day - December 23, 2024
- Chains of Silence: The Unheard Cries of Kashmir on Human Rights Day - December 23, 2024
- A History of Injustice: The Genesis of Kashmir’s Crisis - October 28, 2024
