Important Points of YOUM-E-ISTIHSAL 5th AUG

by: Ch. Muhammad Natiq

  • Article 370 allowed IIOJK to retain autonomy in all matters, except defence, currency, and foreign affairs.
  • India has also upended its own constitution: the presidential order revoking Article 370 stresses taking consent of IIOJK.
  • The consent has been taken from governor, a representative of the center, without the elected legislature which is entirely unlawful.
  • The abrogation has exposed Kashmiri ‘accession’ as a sham, which exposed India as an occupation force in IIOJK and brought into question Indian Democratic norms.
  • the abrogation of the Articles is against the Indian Constitution, UN Resolutions, Geneva Convention, will of the Kashmiri people, and international laws,
  • the Indian Constitution states that the Article 370 could not be revoked unilaterally. In this specific case the Indian authority has gone against its own constitution just to violate right of people.
  • India’s undemocratic and illegal move to abrogate Article 370 is a clear violation of UNSC resolutions on Kashmir namely UNSCR 38, 47, 51, 91 and 122.
  • Unilateral action to change status quo in IIOJK also violates 1972-Simla Agreement between Pakistan and India
  • India is using black laws like Public Safety Act (PSA) and Unlawful Activities (Prevention) Act (UAPA) in IIOJK to arrest the Kashmiris
  • The removal of 35A is aimed at affecting a demographic change, which BJP considers prescriptive for controlling the territory.
  • Kashmiris fear what they call BJP’s “Israeli model” to establish settler colonies that will favour Indian rule in the disputed region.
  • Since 1991, Armed Forces Special Powers Act (AFSPA) has become pivotal in controlling the region with 900,000 Indian troops.
  • Today, the soldier-civilian ratio – of 1:8 – makes IIOJK one of the most militarized regions in the world. After Article 35A, things are getting even worse for Kashmiris.
  • The fear of an Indian settler influx that would alter demography of the region in India’s favour, is real for Kashmiris.
  • There is widespread and frequent fighting throughout Kashmir and military operations by regular armed forces; which make the Common Article 3 applicable to the conflict in IIOJK.
  • According to the latest report released by the Research Section of Kashmir Media Service (KMS) on 5th July 2022, “Indian troops in their continued acts of state terrorism martyred 140 Kashmiris including five boys from January 1, 2022 till first week of July 2022 in Indian illegally occupied Jammu and Kashmir.”
  •  “19 young boys were killed in fake encounters and 854 were arrested during the past six months in IIOJK. Indian troops destroyed over 34 houses and structures by using chemical substance during cordon and search operations.”
  • Internally, the surge in India’s genocidal, oppressive and coercive tactics has exacerbated deprivation / political alienation of Kashmiris giving impetus to indigenous freedom movement in IIOJK.
  • Despite the fact that desperation / frustration of innocent Kashmiris due to perpetual injustice is the root cause of public uprising, India has propensity to blame Pakistan for every ill / woe. Indian Armed Forces have always found a convenient scapegoat – in shape of Pakistan – to divert public attention, not only from their incompetence and spectacular failures.
  • The indigenous freedom struggle in IIOJK is a reaction to the atrocities, humiliation and injustices faced by the Kashmiris for the last seven decades.
  • Kashmir has witnessed unprecedented internationalization since 5 Aug 2019.
  • Pakistan has sensitized the world about designs and machinations of the BJP government and dangers that philosophy of Hindutva poses to regional peace and security.
  • Pakistan has not only rejected Indian actions of August 5, but has also been undertaking a diplomatic offensive against Modi.
  • Pakistan has also highlighted dangers lurking in IIOJK due to RSS ideology.
  • India is contemplating/ planning to hold any G20 related meeting/event in IIOJK, in utter disregard of the globally acknowledged “disputed” status of the territory, is a travesty that the international community should not accept under any circumstances.
  • Through such a controversial proposal, India is tricking to seek international legitimacy for an illegal and tyrannical occupation continuing for over seven decades
  • India’s plan to hold G20 meeting in IIOJK violates UN International resolutions on disputed nature of IIOJK.

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