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The Significance of the Kashmir Black Day

Why Kashmiris around the world commemorate this day every year.

27th October 1947 is being the darkest day of the Kashmir history, on this unfaithful day when Indian Armed forces with the help of British conspirators landed their forces in the peaceful land of Kashmir. It was 2 pm when first British Imperial Royal Air-forces planed landed on the air strip of Srinagar and it is the day when the illegal occupation of Kashmir started by Indians, it was the same year that Israelis with the help of British disembarked on the shore of Palestine and we can say the 1947 marked as the year of starting of Dual Nakhba, it was to weaken the power of two Muslims nucleus of power of Ottomans empire in middle East with the illegal occupation of Palestine and other in the heart of Mughal empire with the invasion of Kashmir.

Kashmir known to the world as a paradise on the earth, lies between Indian, China and Pakistan, size of 86 000 sq. kilo meter, 6000 feet above the seas level, three time the size of Belgium, now the it is most high altitude and beautiful prison for 14 million Muslims, since 1947 over 100,000 Kashmiris had been killed in brutal way by Indian army in their attempt to suppressed the Kashmiri demand for a Free and Fair referendum, which has been enshrined in UNSC resolution 47 of 1948 ( S/726).

The biggest casualty of this catastrophe is the women and children of Kashmir, women have been used as weapon of war. There is no normalcy in Kashmiri people lives, there is no freedom of expression, speech, association and movement, even Muslim cannot walk to masjid in group of three, and if they do, they order to shoot to kill as prescribed in Indian ordained draconian laws in Kashmir. Alas, very little attention had been paid by Ummah to bring a peace in valley of Kashmir, as Kashmir is burning for last 70 years, as we glorify India and consume her goods and services. If it is haram to buy Israeli products then it is haram to watch Bollywood movies, as one more coca cola we buy and drink is one more bullet into the nozzle of Israelis soldiers, and one more subscription to ZEE Tv or Bollywood movies, one more Kashmiri will die.

To understand the 70 years old dispute of Kashmir one need to look at six most important aspect:

1. Background : Pre Indo-Pak Kashmir
2. Kashmir and Act of Indian independence.
3. Demystified instrument of accession
4. Nehru approached UN and UNSC resolution
5. Status quo
6. Possible role can be played by International and Muslim world.

1. Background :Kashmir Pre Indo-Pak independence

When the British left India in 1947, British-controlled states, also called British India, were divided between India and Pakistan in a plebiscite along religious lines. Twelve million Hindus and Muslims fled from one area to another and half a million people lost their lives in the ensuing communal riots. Under the Indian Independence Act of 1947, the paramountcy of the British over about 600 princely states lapsed and these states were free to join India or Pakistan or become sovereign. The Indian National Congress had demanded that the two-nation theory [one for Hindus and another for Muslims] be applied to these princely states as well. In 1947, Muhammad Ali Jinnah, the founder of Pakistan, and his Muslim League party, however, said that the princely states were sovereign for every purpose. In order to accommodate Jinnah’s point of view, the British enacted article 7(b) of the Indian Independence Act of 1947. ( The Indian Act of Independence1935, clearly state that if a princely state of have majority fo Hindu it will automatically will form of Hindustan and Muslim majority areas to be formed Pakistan, the sovereign state of Kashmir had a 90% Muslim majority and it should have been awarded to Pakistan). For some unknown reason head of boundary commission Sir Radcliff left the Kashmir as un-awarded and awarded Ferozpura which was Muslim majority area to India, and this state in North-west Punjab provide Indian with a vital road link to Kashmir)

Within a few months after independence, Sardar Patel, the Indian home minister, integrated 561 princely states, covering 800,000 square kilometers and containing a population of 86 million, into India. For this reason Patel is often compared with Otto von Bismarck, who unified Germany in the late 19th century. His work was much harder than that of Bismarck, who used “blood and iron” to integrate 39 states, whereas Patel integrated 561 without shedding blood or going to war.

Jammu and Kashmir (J&K) was one of these princely states. Had it been part of British India, it would have gone to Pakistan, since Muslims constituted about 90 percent of the state’s population. After the lapse of the paramountcy in August 1947, the maharaja of J&K, Hari Singh, was uninterested in joining either country. He enter into a standstill agreement with India and Pakistan, but Nehru with the help of British imperial Air-force landed Indian forces into the valleys of Srinagar on the 27thOctomer 1947, under the false pretext of that Maharaja Hari Sign had signed an instrument of accession to cede Kashmir to India. This so called Instrument of accession is still to be provided by Indian into international court of justice, but this document does not exist. Indian landed their armed forces illegally to occupied Kashmir against the will of Kashmiri people.

This illegal act of invasion of Kashmir state by India prelude to the breakout of civil unrest and end up in civil war. Nehru underestimated the situation on ground and took the matter to UN to legitimized their illegal landing of armed forces. UNSC listen to the complaint laid by Nehru and representation by Pakistan in its defense, subsequently passed the resolution, UNSC Resolution 47 of 1948 ( S/726) which compelled Indian to hold free and fair plebiscites with three month. India PM Nehru accepted the resolution, but since then it has been denied to afford an opportunity for a referendum to facilitate Kashmiri rights of practicing “Right of Self Determination”.
Extract of UNSC Res 47 of 1948 S/726 Para B stipulation 6 to 9

B. Plebiscite

6. The Government of India should undertake to ensure that the Government of the State invite the major political groups to designate responsible representatives to share equitably and fully in the conduct of the administration at the ministerial level while the plebiscite is being prepared and carried out.
7. The Government of India should undertake that there will be established in Jammu and Kashmir a Plebiscite Administration to hold a plebiscite as soon as possible on the question of the accession of the State to India or Pakistan.
8. The Government of India should undertake that there will be delegated by the State to the Plebiscite Administration such powers as the latter considers necessary for holding a fair and impartial plebiscite including, for that purpose only, the direction and supervision of the State forces and police.
9. The Government of India should, at the request of the Plebiscite Administration, make available from the Indian forces such assistance as the Plebiscite Administration may require for the performance of its functions.
The resolution was approved by nine votes against none. The Soviet Union and Ukraine abstained”.

Currently, India, Pakistan, and China control 45 percent, 35 percent and 20 percent, respectively, of the original J&K territory. China received about 35,000 square kilometers in Aksai Chin in the 1962 war with India as spoinl of war. Indian Kashmir has three regions: Kashmir Valley, Jammu, and Ladakh. The Indian-controlled Kashmir Valley (IKV), Jammu, and Ladakh have Muslim, Hindu, and Buddhist, respectively, majorities. Pakistan-Administered Kashmir (PAK) has a Muslim majority.
India and Pakistan have fought three wars—in 1947-48, 1965, and 1971—and two out of these were over Kashmir. In addition to this, India has been fighting a covert war in Kashmir since 1989. The two countries came close to a full-scale war in 1999 when Mujaheedin occupied the peaks in Kashmir overlooking the important Indian highway linking Srinagar to Leh, the capital of Ladakh. It is know as Kargil war and full scale was avert at 11th hour by the direct intervention by Clinton administration.

The Status Quo:

Since the 1947, Kashmir remain in the state of emergence and in perpetual curfew. There is no freedom of movement, association, speech and self-expression. In recent years all internet connection have been band and total communication is tapped.

There is no normal life, even going to masjid in group of 3 will attract the rule of law “ Shot to kill” as prescribed by POTA act Prevention of Terrorist Act.
Kashmir remain the highly militarized zone in the world with 750 000 Indian army and 200 000 BSF Border security forces. It has been witnessed and reported that every 50 meter there is Indian soldier station to monitor the movement of Kashmiri people.

Women had become the weapon of War and the biggest casualty of the this tragedy are children and vulnerable women of Kashmir.
In 2005, there had been a discovered of 5000 unmarked mass graves site and international inquiry had been curtailed to blocked the investigation.

Statistical Human Right Violation in Kashmir:
Polititically motivated murder over 100 000
Forceful abduction and arbitrary arrests : 17,000
Political prison without legal representation in jails : 32,013
Arson attacks : 7,890
Fake encounters : 2790
Women rape and molested : 21,345
Widows : 19 459
Orphans : 27 089
Violence against women and girls:

Reported crimes against women and girls continued to rise. According to statistics released in August, over 327,000 crimes against women were registered in 2015. Women from marginalized communities continued to face systemic discrimination, making it harder for them to report sexual or other forms of violence.
Sources Amnesty international :https://www.amnesty.org/en/countries/asia-and-the-pacific/india/report-india/

Extrajudicial executions

In April, a former Manipur state policeman told journalists that he had been involved in more than 100 extrajudicial executions in the state between 2002 and 2009. In July, the Supreme Court, hearing a case related to over 1,500 extrajudicial executions in Manipur, ruled that armed forces personnel should not enjoy “blanket immunity” from trials in civilian courts, and that the allegations needed to be looked into.

Sources Amnesty international: https://www.amnesty.org/en/countries/asia-and-the-pacific/india/report-india/
Rape as weapon of War report by Human Right Watch:
https://www.hrw.org/sites/default/files/reports/INDIA935.PDF
Documentation of human right violation in Kashmir :http://www.countercurrents.org/vltchek080215.htm

What can we Do to assist the Plight of Muslims of Kashmir:

What international community and Muslim ummah should demand to UN and India and also to South Africa government.

First and foremost as Muslim we must turn to Allah SWT to prays to him to ease the prevailing suffering on Kashmir brother and sisters and ask for his mercy to melt the heart of Muslim ruler and influential leaders in our community to pay attention toward the ongoing violence in Kashmir and use whatever leverage we have whether it may be economic saction, social, political and moral boycott of India in order for them to stop their state-sponsored terrorism in Kashmir.

Furthermore we must demand the following:

We demand that the United Nation take immediate responsibility and permit the independent Human Rights bodies to do a fact – finding mission into IoK Indian Occupied Kashmir and more specifically the affected areas to investigate the allegations of mass rape, genocide, war crimes, mass graves, arbitrary arrest, forcefully abductions, fake encounters and all other civil and social crimes against Muslims of Kashmir. These atrocities are being systemically orchestrated against the Muslim of Kashmir people since 1947 and prior thereto to suppress their just struggle to determine their fate.

We demand that the continuing ethnic cleansing and genocide of the Muslims of Kashmir including war crimes and crimes against humanity cease immediately and withdrawal of Indian 750,000 armed forces

We demand that the perpetrators of ethnic cleansing and genocide must be immediately investigated, arrested and indicted for international war crimes and crimes against humanity.

We demand the immediate arrest and prosecution of Modi’s RSS” RashtriyaSwayamsevakSangh” right wing ultranationalist leaders who spread Islamophobic hate speech and incites violence which is causally linked to the ethnic cleansing and genocide of the Muslims of Kashmir.

The Indian Government must implement whatever measures are necessary for the immediate end to all hostilities and atrocities being perpetrated against the Kashmiri people. This must include the recommendations of the Advisory and investigative Commission on Indian Occupied Kashmir State, led by former UN Secretary General, Mr. Kofi Annan.
The Indian Government must implement measures for normalize daily lives in Kashmir, allow freedom of speech, freedom of association, access to all civil, social and political liberties. The Indian Government must allow the unhindered access of international humanitarian aid and relief into all affected areas since 1947.

The Indian Government must immediately allow the United Nations and SAHRC South African Human Right Commission, Human Rights Watch, Amnesty international groups as well as independent observers into affected areas with the purpose of protecting the Kashmir and documenting the perpetration of gross violation of human rights since 1947.

We demand proper and immediate medical care and unhindered access of medical personnel and supplies including international medical rescue and the Red Cross, Al-Imdaad international, Islamic Relief, Gift of the Giver foundation, Doctors Without Borders, Save the Children and similar organizations into all affected areas to provide the necessary urgent services required by the displaced and suffering people of Muslims of Indian occupied Kashmir.

We state that the process of rehabilitation from the effects of brutality, ethnic cleansing and genocide, psychological counseling is of paramount importance to ordinary civilians, women and children abused and devastated in conflict areas.

We demand that the Muslim of Kashmir be accorded their fundamental human right s and freedoms. The Indian Government including all its organs of state and military must adhere to and respect the fundamental human rights of the Kashmiris as guaranteed in the United Nations Universal Declaration of Human Rights.

Notwithstanding the aforesaid, measures must also be implemented for the immediate and unfettered investigation and prosecution of perpetrators under Rome statue and by International Criminal Court in Hague.

We state unequivocally that under her watch the Indian military under the leadership of Commander in Chief Mahendra Modi supported by ultranationalist and extremist Hindus RRSS and other right wing organizations have committed unconscionable deeds such as crimes against humanity, ethnic cleansing, genocide and political extermination.
The respect for international law, international humanitarian law and Geneva conventions must prevail under all circumstances where equality, human dignity, preservation of human life and human rights are paramount.

Most importantly there must be an immediate implementation plan towards the holding for free and fair plebiscites as promised by UN and enshrined in UNSC resolution 47 of 1948, so Kashmiris can practice their right of Self-determination.

The Kashmiris must be guaranteed freedom to practice their religion, the rights to freely associate, freedom of trade, freedom of movement, education, privacy and all other fundamental rights accorded with equality and human dignity.

Issued By:
Salman Khan.
SAKAG “ South Africa Kashmiri Action Group”.
Founder and Chairman SAKAG
082 691 6048
Salkhan1@yahoo.com

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