India celebrates ‘Republic Day’ on January 26th every year to commemorate the day when the Constitution of India came into effect, replacing the Government of India Act 1935, and making India a republic. However, it is observed as a ‘black day’ in Indian Illegally Occupied Jammu & Kashmir (IIOJK) because it marks the day when the Indian government stripped the region of its autonomous status and imposed direct rule from New Delhi. Kashmir has been a contentious issue between India and Pakistan since the two countries gained independence in 1947. The people of Jammu and Kashmir were promised a high degree of autonomy under Article 370 of the Indian Constitution, which was in effect until August 2019, when the Indian government revoked it. This autonomy included the right to a separate constitution, a separate flag, and laws that were distinct from the rest of India. However, in practice, the Indian government has been involved in suppressing the political and basic rights of the people of Jammu & Kashmir and denying them their right to self-determination.
The special status granted to Jammu and Kashmir under Article 370 of the Indian Constitution, which was revoked by the Indian government in 2019, had given the region a high degree of autonomy and protected its distinct identity. The revocation of this special status has led to widespread protests and resentment among the people of the region, who see it as an infringement on their rights and an attempt by the Indian government to suppress their political and cultural identity and right of self-determination.
The Indian government’s handling of the situation in Jammu and Kashmir has also been criticized by international human rights organizations, who in their recent reports have highlighted how the Indian government has been involved in human rights violations of the people of Kashmir, through the use of excessive force, arbitrary arrests, and censorship of the media. International Human Rights Law forbids the unjustified deprivation of life. The right to life is embodied in Article 3 of the Universal Declaration of Human Rights, which is being flagrantly violated in Kashmiri. India has signed the International Covenant on Civil and Political Rights as well (ICCPR). Which hasn’t prevented it from abusing the law, though.
When the Indian government removed Indian Occupied Kashmir’s special status and sent thousands more troops to the area, the situation for the locals of Kashmir became much tougher. Additionally, India reverted to age-old slavery techniques by enforcing a curfew on the helpless population, cutting off the internet and telecommunications, and detaining political figures, leaving 1.47 billion people cut off from the outside world, devoid of fundamental human rights, and living in dread. Since the repeal of Article 370 and the ensuing curfew, there have been reports of nighttime raids in which youngsters have been kidnapped and tortured, as well as of women being harassed. Intentionally violating both international humanitarian law and human rights law, the Indian military has intentionally dismembered, injured, and several times murdered people during this forceful conquest. The Kashmiri diaspora in the UK and Europe observe “Black Day” on January 26th each year to protest the Indian government’s illegal actions in Jammu& Kashmir. This day marks the anniversary of the Indian Constitution coming into effect in 1950, which provides a pretext for the formalization of Indian control over Kashmir, a region that has been the subject of ongoing conflict and human rights abuses. The diaspora uses this day to raise awareness about human rights abuses and the ongoing conflict in the region, and to call for self-determination for the people of Kashmir. They also call on the international community to break the status quo imposed by the fascist Indian government. For instance, the president of Tehreek-e-Kashmir UK president claimed that “the people of Kashmir have challenged India to take out the forces (one million) from the valley and then celebrate the republic day”. Jammu & Kashmir salvation movement president Altaf Ahmed also call the UN for intervention to protect the rights of Kashmiris.
India has long claimed to be the world’s largest democracy and a champion of human rights. However, it has a long history of human rights abuses and political suppression in the region of Kashmir. Despite India’s claims of being the world’s largest democratic state, it has been involved use of excessive force against peaceful protesters, the imposition of strict curfews and internet shutdowns, and the detention of political leaders and activists in the Kashmir region. The Indian government has also been criticized for its heavy-handed tactics in dealing with the insurgency in the region, which has resulted in widespread human rights abuses, including extrajudicial killings, torture, and enforced disappearances. The Indian government has also failed to provide the people of Kashmir with basic democratic rights, such as freedom of speech, freedom of the press, and the right to self-determination.
It is certainly true that the Indian government’s actions in the region of Kashmir have been widely criticized for human rights abuses and the suppression of political dissent. The deployment of a large number of security forces in the region, along with heavy-handed tactics, have resulted in widespread human rights abuses and a lack of protection for the people of Kashmir. This is in contrast to the protection of basic human and democratic rights, which are supposed to be guaranteed to all citizens of India by the Constitution. How a democratic state can be the largest human rights violator? A self-proclaimed secular state which does not give the rights of minorities cannot be a democratic republic state.
The situation in Kashmir raises questions about the Indian government’s commitment to protecting the rights of all of its citizens, regardless of ethnicity or religion. A democratic state should ensure that all citizens are protected and treated fairly under the law, but the actions of the Indian government in Kashmir suggest that this is not always the case. Similarly, a self-proclaimed secular state like India should ensure that all religious groups are treated fairly, but the Indian government has been criticized for its treatment of minority groups in the country, particularly the Muslim population of Kashmir.