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October 27 marks a dark chapter in the history of Kashmir — a day known as Kashmir Black Day. On this day in 1947, Indian forces landed in Srinagar. This event marked the beginning of what the Kashmiri people, Pakistan, and the international community regard as an illegal military occupation. For 77 years, the people of Indian Illegally Occupied Jammu and Kashmir (IIOJK) have endured brutality, repression, and subjugation. These actions occur in blatant violation of international law and humanitarian principles. Despite global condemnation, the oppression continues unabated. This situation has worsened since August 5, 2019, when the Indian government altered the region’s status. These changes have intensified human rights abuses and further silenced dissent.
A Historical Betrayal: October 27, 1947
The partition of British India was intended to give Kashmiris the choice of acceding to either India or Pakistan. However, the Maharaja of Kashmir, facing internal rebellion and mass uprisings against his rule, signed the controversial Instrument of Accession with India under questionable circumstances.
On October 27, 1947, Indian forces moved swiftly occupying the territory. This day marked the start of an era of repression, setting the stage for decades of resistance. Thus, Kashmir Black Day symbolizes the beginning of this turbulent history.
The United Nations Security Council (UNSC) called for a plebiscite through resolutions such as UNSCR 47. This plebiscite was meant to allow the people of Kashmir to determine their future. However, India has repeatedly reneged on these commitments. By doing so, India is violating the UN Charter and international legal frameworks. This violation denies Kashmiris their right to self-determination.
The Ongoing Tragedy: Siege and Suppression
The situation in IIOJK has only worsened over the years. Kashmir remains one of the most militarized zones in the world, with over 900,000 Indian troops stationed to control a Kashmiri population of 8 million.
The area has been described as the world’s largest open-air prison, where surveillance, curfews, and arbitrary detentions are daily realities.
Since the abrogation of Article 370 and 35A in August 2019, India has taken further steps to alter the region’s demographic and political structure. These actions are widely condemned as violations of UN resolutions. They also breach the Fourth Geneva Convention, which prohibits an occupying power from transferring its own population into occupied territory.
Demographic Changes and Constitutional Terrorism
India’s actions post-2019 reflect a deliberate attempt to change the Muslim-majority character of IIOJK. The introduction of new domicile laws has allowed non-Kashmiris, particularly Hindus, to settle in the region, undermining the local population’s identity. This strategy has been compared to the Israeli settlement model in Palestine, where land is expropriated, and indigenous populations are systematically disenfranchised.
The international community, including human rights organizations and media outlets, has documented the Indian government’s systematic use of torture, arbitrary arrests, enforced disappearances, and extrajudicial killings. However, India’s actions remain largely unchecked, with minimal international intervention to halt the abuses.
Also See: Five Years On: The Realities of Kashmir Post-Article 370
Kashmir’s Resilience in the Face of Repression
Despite facing extreme repression, the people of IIOJK have shown remarkable resilience. The Kashmiri freedom movement continues, driven by an indomitable spirit that refuses to bow before India’s military might. Mass protests, even under heavy curfews and surveillance, demonstrate the unyielding will of Kashmiris to achieve self-determination.
The parallels between Kashmir and Palestine are striking, with both regions suffering under occupation, ethnic manipulation, and systemic oppression.
India’s Hindutva-driven policies under the RSS-BJP regime echo the ideological extremism of other apartheid-like systems in history.
International Law and Global Responsibility
India’s actions in Kashmir violate multiple international legal frameworks, including the Geneva Conventions and the International Covenant on Civil and Political Rights (ICCPR). Despite these violations, India has managed to avoid significant international sanctions or accountability. Its deliberate refusal to sign the Rome Statute—which governs the International Criminal Court (ICC)—further reflects its intent to evade justice for war crimes and crimes against humanity in IIOJK.
The UN and major global powers have a legal and moral obligation to intervene. The Simla Agreement of 1972, which mandates bilateral negotiations between India and Pakistan over Kashmir, remains another unresolved commitment, as India continues to dismiss dialogue and diplomacy.
A Call for Justice and Solidarity
Every year, Kashmir Black Day serves as a solemn reminder of the sacrifices made by Kashmiris and the unfulfilled promises of justice.
It is also a day to reaffirm support for their struggle. Pakistan has consistently stood by the Kashmiri people, offering diplomatic, political, and moral support. The international community must move beyond mere condemnation and take concrete actions to hold India accountable for its war crimes and human rights violations.
The freedom struggle of the Kashmiri people will continue until they achieve their legitimate right to self-determination, as enshrined in international law, the UN Charter, and relevant UNSC resolutions. The global community must not allow India’s repression to continue under the guise of democracy and economic progress.
Kashmir’s Quest for Justice
As we observe Kashmir Black Day this year, it is essential to recognize that 77 years of occupation have not broken the spirit of the Kashmiri people. Their resistance is a testament to their unwavering resolve for freedom. It is time for the world to stand in solidarity with the people of IIOJK and demand an end to India’s state-sponsored terrorism and colonial ambitions.
The road to peace in South Asia lies through Kashmir, and justice for its people is not only a moral imperative but also a necessary step for regional stability. The struggle of the Kashmiri people is not just a local issue—it is a human rights crisis that the international community must address before it is too late.
The views expressed in this article are the author’s own. They do not necessarily reflect the editorial policy of the South Asia Times.
