27 October 2022

By Ashraf Siddiqui

Two new countries in South Asia took birth out of colonial British rule on 14^th of August 1947, namely India (Hindustan) and Pakistan. It is second time in known human history of five thousand years of the region that majority Hindu population of the area got opportunity to rule a vast area like of present India as one country. First time was in Mauria dynasty, spread over around 100 years in 2BC when Hindu regime had ruled vast area in the region.

Historically, it is minority Muslims who ruled vast area including present time India, Pakistan and Bangladesh for over 710 years until British conquerors took over from Muslim Mogul emperor Bahadur Shah Zafar in the 19^th century and stayed until August 1947.

Three stake holders the British colonial power, majority Hindu leadership and minority Muslim leadership agreed to have two countries from within colonial British India once the British decides leaving the area. On 3^rd June 1947, the British rulers announced partition of British India into two Dominions – India and Pakistan.

The British Parliament formally passed the “Indian Independence Act”, on 17 July 1947, which stated the partition to be implemented from 15 August 1947. Partition of India was implemented as per Article 1 of the Independence Act.

As per Article 7 of the Act, it was clearly stated that, from 15 August 1947, “the suzerainty of His Majesty over the Indian states lapse and with it lapse all treaties and agreements enforce at the date of the passing of this Act between His Majesty and rulers of Indian states”.

The princely states and areas with Muslims majority to be named Pakistan and remaining to be named as Hindustan (place of Hindus initially given by Moghul conquerors came from Uzbekistan, Central Asia).

On 24 October 1947, Kashmiris formally declared their independence from Dogra Raj, a Non-Muslim ruler on vast majority Muslims inhabitants of the Kashmir Valley and established their own government with the name of Azad (Free) Kashmir Government.

Article 370 of Indian Constitution XXI, which India abrogated on 05 August 2019 clearly states that, linkage between India and its occupied Kashmir part is; temporary, transitional and special provisional.

British had taken over the reigns of the area from Muslim Moghul emperor, not from Hindu rulers. Muslim Moghul dynasty ruled then Hindustan for over 500 years. It is British who renamed the giant Mughal ruled area as India. Both Hindustan and later India both names were given by the invaders.

Upon leaving of British from Hindustan (India), just after 2 months and 13 days, i.e., on 27 October 1947, well established Indian government landed it’s forces in Kashmir, the majority Muslim area and part of Pakistan as per the division formula. The local population and surrounding areas fought against the Indian forces, however, then Indian leadership approached Security Council, United Nations pleaded for the cease fire and agreed with the world body on conducting plebiscite to let Kashmiris decide want to join Pakistan or India. The dividing line between Pakistan and India on Kashmir side was given name as Cease-Fire Line by the United Nations. From that time till today, UN observation post is situated on the Pakistani side, whereas Indian government long before refused to conduct plebiscite as agreed with the world’s representatives in the United Nations and got removed the UN post from it’s illegal capturing of Kashmir part.

It is interesting to see that not only Kashmir is a majority Muslim area, geographically also land linked with Pakistan, whereas, there is no direct land link of Kashmir with India.

Since, then from 1947, the year of creation of two countries - India and Pakistan – 27 October is known as BLACK DAY. Many called Black Day of Kashmir, to me and historically 27 October is BLACK DAY of Pakistan, not only for oppressed Kashmiris under Indian forced regime – the Kashmiris are Pakistanis, just as there are Sindhi, Baluch, Pashtu and Punjabi speaking, nationals of Pakistan.

Kashmir, being Muslim populated region principally is part of Pakistan on the formula both India and Pakistan got creation in the human history, as per the Indian Independence act, the UN Charter and above all under the UNSC resolutions - all civilized nations does pay respect and legally bound to implement. However, although, it was India which pleaded in United Nation Security Council and agreed on the resolution to conduct plebiscite under the supervision of the United Nations.

After initial agreeing on UN resolutions, later India started playing delaying tactics and then completely refused to implement the UN Resolutions.

During 1950’s, India started raising the slogans Kashmir as its integral part, after 1972 Shimla Agreement between both the countries, it took new turn Kashmir as bilateral issue between both the countries without interference of the United Nations.

There is deployment of around 800,000 of Indian forces just only in Kashmir valley, to crush the popular movement of Kashmiris for their right of self-determination.

In August 2019, India against it’s own constitution, illegally and unilaterally annexed it’s forced occupied Kashmir part into Indian Union.  Since then Indian occupied Kashmir area is under constant siege and under curfew.

Moreover, Indian held Kashmir is the single occupied area in India which is being ruled under India abrogated article 370, committing violation against UN resolutions.  No integral Indian state has been ruled through this article, which clearly depicted that Kashmir is not an integral part of the Indian Union.

Rather resolving the Kashmir dispute as per UN resolutions, India abrogated Article 370, thus committed another violation of UN resolutions, and of it’s own..

Despite under siege since 5^th of August 2019, the people of Indian held Kashmir have not accepted the illegal annexation. Kashmiris and Pakistanis throughout the world observe 27 October as Black Day.

The people of Pakistan including the people under Indian occupation since last 75 years, they demand for the implementation of UN Security Council resolutions, asking to give Kashmiris right of self-determination as per the United Nation Security Council resolutions.

Although, Pakistan keeps raising its voice in the United Nations and at various platforms, Pakistani people stress on stopping of A) Human rights violations in Indian held Kashmir, B) To stop demographic changes by settling Non-Muslim population from outside Kashmir, C) Demilitarization of Kashmir Valley, and D)  Right of self-determination as per the UN Resolutions.