October 27th, widely observed as “Black Day,” marks a significant and painful chapter in the history of Jammu & Kashmir. It was on this day in 1947 when Indian forces landed in Srinagar, following the alleged accession of Jammu and Kashmir to India by Maharaja Hari Singh. This day marks the beginning of a long and bloody conflict that has spanned over seven decades, costing countless lives and eroding the basic rights of the Kashmiri people. For the people of occupied Jammu and Kashmir, this day symbolizes the betrayal of their right to self-determination and the beginning of a long struggle for justice and freedom.
In 1947, during the partition of British India, princely states like Jammu and Kashmir were given the choice to accede to either India or Pakistan. Maharaja Hari Singh, the Hindu ruler of a Muslim-majority state, found himself in a dilemma. The majority of the Kashmiri population, being Muslims, naturally leaned towards joining Pakistan. This desire was formally expressed through the Ilhaq-e-Pakistan Resolution passed by the All Jammu and Kashmir Muslim Conference on July 19, 1947, which reflected the aspirations of the people to accede to Pakistan.
However, as the political situation in the region grew more volatile, with increasing unrest among the population and the outbreak of rebellion in Poonch, Maharaja Hari Singh found his control weakening. Faced with this, the Maharaja allegedly signed the Instrument of Accession to India on October 26, 1947, a day before Indian troops entered Kashmir. However, the legitimacy of this accession remains highly contentious.
The manner in which the accession was made, without consulting the Kashmiri people, was a clear violation of their right to self-determination. The fact that the Indian government had made the acceptance of the Instrument conditional on a plebiscite, promising that the people of occupied Jammu and Kashmir would be given the opportunity to determine their own future, adds to the controversy. This plebiscite has yet to take place, more than seven decades later, leaving the fate of Kashmir unresolved.
The right to self-determination is a fundamental principle enshrined in international law and upheld by the United Nations. This principle was clearly articulated in the case of Jammu and Kashmir by the UN Security Council in various resolutions. Most notably, UN Resolution 47, passed in April 1948, called for a plebiscite in Jammu and Kashmir, allowing the people to decide whether they wanted to join India or Pakistan. This resolution also called for the withdrawal of Indian and Pakistani troops from the region to create an environment conducive to a fair and free vote.
Further resolutions, including Resolutions 91 and 122, reaffirmed the commitment to the right of Kashmiris to determine their own future through a democratic process. However, these resolutions remain unimplemented to this day. Instead of honoring its commitments to hold a plebiscite, India has continued to maintain a heavy military presence in the region, further entrenching the occupation and violating the rights of Kashmiris.
October 27, 1947, marks the start of the Indian occupation of Jammu and Kashmir, which has since become one of the most militarized regions in the world. Over the years, the Kashmir conflict has led to significant human suffering. Tens of thousands of Kashmiris have been killed by Indian troops, while many others have been subjected to enforced disappearances, arbitrary detentions, and torture. The use of pellet guns, mass rapes, and other forms of violence against the civilian population have been widely condemned by human rights organizations. However, because geographic factors top the desire for justice and peace in the region, these worries have frequently been responded to with silence. In order to have any chance of a fair and peaceful settlement to the dispute, the international community must be involved.
The Kashmir conflict is not merely a territorial dispute between India and Pakistan; it is a human tragedy. The continued occupation of Jammu and Kashmir by Indian forces is a violation of international law and the fundamental right of Kashmiris to self-determination. Until the international community takes concrete steps to implement the UN resolutions and pressure India to allow the Kashmiri people to exercise their right to decide their future, the region will remain trapped in a cycle of violence, repression, and injustice.
October 27th, Black Day, stands as a reminder of the Kashmiri people’s long and ongoing struggle for freedom and justice. It is a day that calls for renewed international attention to the plight of Kashmir and the need for a peaceful resolution that honors the will of its people.
The writer is a student at the Abdul Wali Khan University Mardan, pursuing a degree in International Relation and is currently serving as an intern at Kashmir Institute of International Relation (KIIR)
