The Instrument of Accession: A Contested History”

By Farhan Ahmed

As we commemorate Kashmir’s Black Day on October 27, it is essential to reflect on the historical context and conflicts that have defined the fate of Kashmir. This day serves as a poignant reminder of the Kashmiri people’s unwavering demand for self-determination, a principle firmly supported by Pakistan.

In 1947, when the Indian subcontinent was partitioned, the princely state of Jammu and Kashmir faced a critical juncture. The decision by the Hindu Maharaja Hari Singh to accede to India was influenced by the predominantly Muslim population of the region. This accession was carried out through the “Instrument of Accession,” but it raises questions about whether it genuinely reflected the will of the people. The evidence supporting this claim is minimal.

Pakistan maintains that this accession was neither fair nor representative of the aspirations of the Kashmiri people. The decision to join India, made by a Hindu Maharaja in a predominantly Muslim region, lacked popular mandate. It is inconceivable that one individual, the Maharaja, could decide the ultimate fate of a region in an age when liberal democratic principles should prevail. The Kashmiri people should have the right to determine the destiny of their own region.

Shortly after the accession, tribal forces, allegedly backed by India, invaded Kashmir, sparking a fierce conflict. This marked the beginning of a struggle that has endured for over seven decades. While India asserted that it was merely assisting the beleaguered Maharaja, Pakistan viewed it as an opportunity to defend Kashmiri rights. India utilized this situation to establish its military control in Jammu and Kashmir, a control that has persisted for about seven decades.

The United Nations intervened by passing Resolution 47, which called for a ceasefire, troop withdrawal, and a referendum to determine the future of Kashmir. Regrettably, the referendum never materialized primarily due to India’s refusal to allow it. This denial has perpetuated the Kashmiri conflict and the suffering of its people. India has maintained a rigid stance, considering Kashmir an integral part of its territory and not taking adequate measures to reduce militancy in the region. As a consequence of this authoritarian rule and fascist policies, India continues to violate the basic rights of the Kashmiri people, and the international community should take note of these violations. Accountability for actions that flagrantly violate International Humanitarian Law (IHL) must be ensured.

Pakistan’s position on Kashmir has always been clear: it advocates for the right of Kashmiris to self-determination in accordance with UN resolutions. This is not a territorial claim but a commitment to fairness and international law. However, Pakistan’s neighbor persists in violating UN resolutions, asserting territorial ownership, which amounts to disregard and disrespect for these resolutions.

The Line of Control (LoC) dividing the region has been a source of controversy and conflict for a long time. Pakistan’s control over Azad Jammu and Kashmir and Gilgit Baltistan is not a claim of ownership but a demonstration of support for Kashmiri aspirations. In contrast, Indian-administered Jammu and Kashmir have faced allegations of human rights violations and restrictions imposed on local communities.

The humanitarian crisis in Kashmir cannot be overlooked. Allegations of arbitrary detentions, curfews, mass rapes, unmarked mass graves, environmental degradation, media censorship, suppression of journalism, surveillance, and excessive use of force by Indian security forces have raised alarm bells. The world must be aware of these violations and address them with urgency and seriousness.

It is crucial to recognize that the Kashmir conflict is not merely a territorial dispute between India and Pakistan; it is fundamentally about the rights and aspirations of Kashmiris. The world should empathize with their plight and support their quest for self-determination. This conflict has evolved into a humanitarian crisis that demands a legal perspective, with IHL as the reference point. Only through this approach can the dispute be objectively and fairly resolved.

Diplomatic efforts and dialogue have been sporadic but unsuccessful. It is now imperative for the international community to take an active mediating role in seeking a just and lasting solution to the Kashmir issue. Kashmiris deserve the right to determine their own destiny, free from external interference. The international community bears a responsibility to resolve the conflict between two nuclear-armed countries to ensure stability in the South Asian region. The constant threat of a nuclear war looms if action is not taken.

Kashmir Black Day symbolizes the Kashmiri people’s call for justice, human rights, and the right to self-determination. The international community must recognize this and support the Kashmiri people in their quest for liberation from the oppression of the Indian Armed Forces. Seven decades of armed conflict and forceful oppression are more than enough. Countless lives could have been spared if timely actions had been taken against the perpetrators.

The writer is a student of Peace and Conflict Studies at National Defense University, Islamabad and is currently serving as an intern at Kashmir Institute of International Relations.