INDIA’S VIOLATION OF HUMAN RIGHTS IN MAQBOOZA KASHMIR WILL NOT GO UNCHECKED: HABIB YOUSAFZAI THE CHAIRMAN OF KASHMIR DIASPORA ALLIANCE
Six decades later, the Kashmiri issue yet still remains unresolved. It is very important not to lose sight of historical facts when attempting to come to a solution for any disputed territory. Under British colonial rule, the geographical entity known as India consisted of nine provinces and 584 princely states. The provinces are what constituted British India and their internal and external affairs were under the dominion of the Crown. On the other hand, the Maharajas or Nawabs who ruled the princely states, held internal sovereignty over their domestic affairs but the external relations and defense were under the “paramountcy of the Crown”. During the end of British colonialism, the only viable solution sought was to divide the Indian subcontinent on the basis of religion. As such, all Muslim majority provinces were to join Pakistan and all Hindu majorities were to join India respectively. In the same vein, the logic of self-determination based on religious majority was applied across the board to the princely states despite Indian resentment towards the idea. In contemporary times, it is on this fertile soil that Pakistan pressures the international community to implement the process of self-determination for Maqbooza Kashmir and the other forcibly annexed areas which has been ignored for decades.
In contrary, India violated the Indian sub-continent partition plan not only against the aspirations of the inhabitants of Kashmir but also annexed Sikh Homeland Punjab Khalistan (despite the Sikhs claim of not being Hindus), Manawa, Junagarah, and Hyderabad by using its superior military force to its advantage. We must not forget that, it was the Indian government on October 27, 1947 which illegally occupied Kashmir on the false premise of maintaining law and order, and to this day its troops continue to pillage, rape, imprison and torture political prisoners, and inflict brutality upon the innocence. Recent updates from human rights watch groups show that more than 200,000 human lives in Maqbooza Kashmir and more than 270,000 innocent Sikhs have been ruthlessly killed. Yet, a blind eye continues to pass over all these human rights violations. The Indian government’s illegal occupation of Kashmir acts as an impediment to establishing a longstanding, tolerant, vibrant, and peaceful relationship between Pakistan and India; and it renders bleak the opportunities of solving the Kashmiri dispute and threatens regional stability. As a result of institutional decay and the absence of a robust civil society in Maqbooza Kashmir, the innocent Kashmiris have no voice or ability to civically oppose the countless murders of innocent people, illegal kidnappings and torture of political activists, rape, and subjugation committed by the Indian soldiers. Faced by no other alternatives, the Kashmiri protestors rise in attempt to repel and resist the oppression of the Indian army but instead are detained and labeled as terrorists and extremists when in fact they are freedom fighters. Clearly then, to pick up arms in the pursuit of justice when all peaceful methods have failed to bring about a solution to the problem is not violence, but rather it is intelligence.
With that said, Prime Minister Manmohan Singh’s response to the issue is akin to the thief asking the one being robbed, why are you trying to fight back? Furthermore, Prime Minister Manmohan Singh needs to remember that this issue is not a few days old but rather it is an issue ongoing for decades. To simply act as if the incident began from the point of tensions along International Border and Line of Control (LoC) in Jammu and Kashmir is to be shortsighted. We must analyze the incident wholly with all the series of events which preceded it, and when we do, it will be clear as daylight that India is the oppressor and Pakistan stands as the defender of the UN security resolution 1948. It is vividly clear then, when Pakistan has proven unsuccessful on many accounts in its efforts to diplomatically pressure the Indian government to immediately withdraw its troops from Maqbooza Kashmir; the only viable solution is for the UN Security Council to intervene in order to facilitate the process of self-determination as the limitations of the Simla agreement signed on July 2, 1972 have proven inefficacious in solving the dispute. Only then can the pathway be paved for the Kashmiris to decide their future. Last but not least, the UN must not judge the transgressor and the defender by the same yardstick.