- Kashmiris continue the struggle for freedom from the Indian jackboot
Kashmiris all over the world and on both sides of the LOC observed Accession to Pakistan Day (Youme Ilhaq Pakistan) on 19 July to commemorate the historic resolution passed in this regard by All Jummu and Kashmir Muslim Conference on that day in 1947. The party represented the Muslim majority of the state. Unfortunately that resolution was scuttled by the treacherous events that followed the announcement of the independence of Pakistan and India.
The Independence Act of India, while partitioning India into Pakistan and India, also stipulated that the princely states were free to join any of the two dominions or stay independent. However, Lord Mountbatten, addressing the full meeting of the Chamber of Princes on 25 July 1947, reiterated that the states while making decision regarding accession to any of the two dominions must give consideration to geographical proximity and demographic realities. Kashmir was a fit case for accession to Pakistan.
However, the ruler of Kashmir Hari Singh wanted to remain independent initially, and also signed a Stand Still agreement with Pakistan. The political leadership of Kashmir did not like the position taken by Raja. Later the ruler, under mysterious circumstances, announced accession of the state to India. Lord Mountbatten, while accepting the accession, made it unequivocally clear it was provisional and the question of accession would finally be resolved through reference to the people. However, the people of Kashmir revolted against the decision of their ruler. The resultant chaos and ruthless handling of the protests created conditions of war between Pakistan and India, forcing the latter to take the issue to the UN. The UN through its resolutions also accepted the right of self-determination of the people of Kashmir and settling the question of accession through a referendum under its auspices. The implementation of these resolutions remains elusive as ever due to Indian intransigence and lack of interest by the global community and the UN itself, to have them implemented.
The Indian Prime Minister Jawhar Lal Nehru pledged to implement the UN resolutions in several communications with his Pakistani counterpart and through his statement in the Indian Parliament.
[Kashmiris] are waiting for the day when the resolution passed by the All Jammu and Kashmir Conference, as well as the UNSC resolutions promising the right of self-determination to them, will attain reality. They are ready to pay the price for independence with faith in the success of their movement. That faith is not unjustified. History is a witness to the fact that independence movements cannot be muzzled with the barrel of the gun
While the state was in turmoil, Maharaja Hari Singh appointed an interim government in the state, with Sheikh Abdullah as prime minister, in March 1948. In July 1949, Sheikh Abdullah and three other colleagues joined the Indian Constituent Assembly and negotiated the special status of Jammu and Kashmir, leading to the adoption of Article 370. The Article allowed the state to have its own constitution and legislative assembly; management of all affairs except defence, foreign relations, finance and communications; barred Indian citizens to buy property in Jammu and Kashmir and stipulated that the article could not be scrapped or abrogated except on the recommendations of the constituent assembly of the state. The special status given to the state clearly meant that the Indian government accepted the fact that it was not part of the Indian Union and had its own separate identity.
Even after having the accession of Kashmir to India decided by the constituent assembly of Jammu and Kashmir in 1957 after which India started calling the state as its integral part– though vehemently repudiated by the UN through its resolutions 91 and 122– it continued to enjoy special status guaranteed under Article 370 of the Indian Constitution. It is pertinent to mention that the High Court of Jammu and Kashmir in its ruling in October 2015 unequivocally declared that Article 370 could not be abrogated, repealed or even amended. It had become permanent. It explained that clause(3) of the Article conferred the power to the State’s Constituent Assembly to recommend to the President on the matter of the repeal of the Article. In April 2018 Supreme Court of India also ruled that Article 370 had attained permanency since the state constituent assembly had ceased to exist.
The scrapping of Article 370 by the Modi government ending the special status of the state; annexation of the state through the Jammu and Kashmir Re-organization Act 2019 and promulgation of the new domicile law in the state, not only represent pummeling of the UNSC resolutions on Kashmir and 4th Geneva Convention, but also the orders of the courts exercising their powers of review which cannot be overruled either by the President or the Parliament.
It is interesting to know that while responding to a petition filed in the Supreme Court of India by two members of Lok Sabha belonging to National Conference challenging the revocation of Article 370, the Indian government recognizing the review jurisdiction of the court has maintained “Though judicial review is part of the Constitutional power of the court, the justification, efficacy, desirability and the wisdom of such decisions of the President as well as Parliament is not amenable to judicial review”. I am not a constitutional expert but know for a fact that the apex court’s interpretation of the constitutional provisions is final and absolute. The case is still pending with the Indian Supreme Court and it remains to be seen whether the Court would uphold its earlier decision or accept the version of the Indian government. The outcome either way would have serious implications.
The fact of the matter is that the people of Indian occupied Kashmir are suffering beyond imagination due to the siege and complete lockdown in the Valley since 5 August 2019 while the international community and the UN continue to show indifference to their plight. During the last one year nearly 200 Kashmiris have been martyred by the Indian security forces in the cordon and search operations. But the Indian oppression and persecution has not been able to dent their resolve to continue their fight for independence and their right of self-determination as is evident from their unabated resistance movement.
They are waiting for the day when the resolution passed by the All Jammu and Kashmir Conference, as well as the UNSC resolutions promising the right of self-determination to them, will attain reality. They are ready to pay the price for independence with faith in the success of their movement. That faith is not unjustified. History is a witness to the fact that independence movements cannot be muzzled with the barrel of the gun. Prime Minister Imran Khan, while reaffirming Pakistan’s commitment to support the cause of Kashmiris on the occasion of ‘Accession to Pakistan Day’, rightly observed “Kashmiris right of self-determination is recognized by the UNSC & under international law. We will continue to fight for justice for Kashmiris as they struggle against the brutal & illegal actions of the Hindutva Supremacist Indian governmentt in IO&JK. I know that justice will prevail”. His faith in the ultimate stems from the history of freedom movements.
