Kashmir Black Day

Published October 27, 2018

EACH year, the Kashmiri disapora living all over the world, observe a Black Day on Oct 27 to express solidarity with their brethren in Indian occupied Kashmir. The day is meant to draw the attention of the world community to the plight of the hapless Kashmiri people under India’s brutal occupation.

To stifle the spirit Kashmiri’s fighting spirit, the Dogra Maharajahs (1846-1947) punished even Kashmiri children who dared to play with slings and stones.

M. Y. Saraf writes in his book, Kashmiris Fight for Freedom, (vol. 1, p 50), “Under the dogra rule, the Kashmiri were treated no better than beasts of burden. Instead of donkeys and horses, Kashmiri Muslims were used to transport goods across Gilgit, Leh and Skardu. They carried luggage on their backs across glaciers as high as 17,000 feet.

Dogra caravans did not stop for a while in the snowy passes to look after the injured porters (or ‘human beasts of burden’). (ibid. p 280-81). People began to die of starvation.

He continues: “Whole boat-loads of starving people have been conveyed by the Maharajah’s officials to the Woolar Lake, and there drowned” (ibid. p 294).

The tyranny, carried on by maharajah’s constabulary was replaced on Oct 27, 1947 by a reign of terror by the Indian occupation forces, — 700,000 Indian army and security personnel engaged in abductions, custodial deaths, rapes, and many other human rights excesses.

Toynbee’s challenge and response theory suggests that oppressed people become apathetic if a challenge is unbearable.

But, neither the Indians, nor the Dogra brutality could cow down the Kashmiri people. The struggle for freedom continues unabated.

Abid Jameel Mustafavi

Islamabad

(2)

KASHMIRIS around the world observe Black Day on Oct 27 to condemn the Indian occupation of Kashmir. India lays claim to Kashmir on the basis of a mythical ‘instrument of accession’.

Alastair Lamb also regards the instrument of accession, ‘signed’ by the maharajah of Kashmir on Oct 26, 1947, as fraudulent.

He argues that the maharajahwas travelling by road to Jammu (a distance of over 350km). How could he sign the instrument while being on the run? There is no evidence of any contact between him and the Indian emissaries on Oct 26, 1947.

Actually, it was on Oct 27, 1947, that the maharajah was informed by MC Mahajan and VP Menon (who had flown into Srinagar) that an instrument of accession was being fabricated in New Delhi. Obviously, the maharajah could not have signed the instrument earlier than Oct 27, 1947.

The instrument remains null and void, even if the maharajah had actually signed it. The reason, as pointed out by Alastair is that the ‘signatures’ were obtained under coercion. Under law, any undertaking secured through coercion or duress is null and void.

He points out Indian troops had already arrived at and secured Srinagar airfield during the middle of October 1947. On Oct 26, 1947, a further airlift of thousands of Indian troops to Kashmir took place.

He questions: “Would the maharajah have signed the instrument of accession had the Indian troops not been on Kashmiri soil?”

Handwritten corrections on the text of the ‘instrument’ speak volubly about the wavering state of the maharajah’s mind. The instrument, extracted under coercion and duress, is invalid under law.

Subsequent ‘accession’ resolution, passed by the occupied Kashmir’s ‘constituent assembly’ is also void. This resolution violates the Security Council’s resolutions forbidding India from going ahead with the accession farce.

Aware of India’s intention to get the ‘instrument of accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions to forestall the ‘foreseeable accession’ by the puppet assembly.

Security Council’s Resolution No 9 of March 30, 1951, and affirmative Resolution No 122 of March 24, 1957, outlaws accession or any other action to change status of the Jammu and Kashmir state.

Saman Malik

Lahore

Published in Dawn, October 27th, 2018

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