1.

Issue of Jammu & Kashmir – Salient Features

1.1 Jammu & Kashmir, in its present shape, is the unfinished agenda of the partition
of British India (sub-continent). It is pertinent to note that around 565 princely /
independent states including Jammu & Kashmir were in existence at the time of
partition and were not part of British India, performing their day to day activities
concerning governance under a mechanism and agreement with British India.
Jammu & Kashmir was the biggest in territorial jurisdiction-wise amongst those
states comprises of three main regions / areas like Jammu, Laddakh and Gilgit-
Baltistan. At present Gilgit-Baltistan and a portion called Azad Kashmir are with
Pakistan whereas remaining portion including Jammu along-with Srinagar Valley
and Laddakh are under Indian Occupation.
1.2 When British India got divided under a plan of June 3, 1947, Pakistan came into
existence as an independent state on world map, the question of annexation of
those 565 independent states arose. In spite of an agreement between Pakistan and
the ruler of Jammu & Kashmir – a Muslim majority state but the ruler was a
Hindu – for annexation, India used to apply certain tactics to defeat smooth
transition of annexation of Indian Jammu & Kashmir with Pakistan. Indian
hegemonic desire created panic amongst Kashmiri Muslims and on seeing Indian
aggression, they started struggle for annexation with Pakistan but Indian forces
entered into Jammu & Kashmir. Pakistan, on the other hand, was weak on defence
side being a new state but managed to stop Indian forces to enter into Gilgit-
Baltistan and the area what we call Azad Kashmir. India agreed at United Nations
forum that it was a disputed territory and its fate will be decided under UN
Resolutions. Since then Jammu & Kashmir is a disputed territory where its people
has to decide their fate through plebiscite within the meaning of the UN
Resolutions.
1.3 Pakistan is one of the parties to the dispute and supporting Kashmiris legally and
diplomatically on every international forum and remained on board for a
plebiscite whereas India remained reluctant to agree on voting under UN
Resolutions. During last 72 years, India made every effort to convince Kashmiris
to become part of it through rigged and fake elections and even by applying brutal
force. It kept Kashmiri leadership in prisons for longer period and even some of
them were killed but Kashmiris remained stick to their principled stance of their
 right of self determination and started a movement to free their-selves from the
clutches of Indian slavery.
1.4 In a recent development, India blatantly violated international norms and in
violation of UN Resolutions, changed the disputed status of Jammu & Kashmir by
deleting Articles-370 (guaranteed special disputed status) and 35-A (provided
special rights and privileges to permanent residents of Jammu & Kashmir) of
Indian constitution. Though international community including UN showed
reservations on Indian actions but most of the countries having significant posture
at international arena did not heed to the severity of the issue, giving an
impression as if India had convinced them through its diplomatic channels that
Jammu & Kashmir is her internal matter. This is quite alarming. On the other
hand, Pakistan with the help of China invoked certain forums to raise Indian
hegemonic actions and blatant violation of UN Resolutions. However, it is also
alarming that Pakistan could not achieve the desired results and unfortunately,
could not mobilize its diplomatic weapon to sensitize the world of the gravity of
the issue.
2. Brainstorming on Kashmir Issue – Different Theories
2.1 Keeping the present scenario of Jammu & Kashmir in view, the question arises
that what sort of engagements are required to get the favour of the international
community. Certain theories are there in field since last many centuries and
historically these theories have been implemented in one way or other for a
peaceful world till the end of Cold War in 1989. Theories of ‘Realism’ and
‘Institutionalism’ remained in field with partial success. Collective security was
the hallmark of institutionalists with certain observations and objections.
2.2 Many scholars especially the American think-tank, after the end of Cold War,
used to focus on other solutions to the world problems and for that purpose they
seemed inclined towards the ‘Critical Theory’. Keeping in view the issues linked
with Jammu & Kashmir, I consider it appropriate to apply this theory to achieve
desired results, key contents of which are as follows for ready reference.
3. What is Critical Theory?
3.1 This theory examines a society as a whole critically before recommending
workable changes in that society. Theorists, after examining make certain
 assumptions to reach at the conclusion but the beauty of this theory is that
formulated assumptions are changed according to the changes in the society.
3.2 Critical theory is the most challenging theory among all theories as its purpose is
to bring changes in the nature of international politics, increased cooperation
among states to create peace. This theory completely opposes the realist’s ideas
about states being materialistic and selfish. This theory reveals the hidden sources
of domination in international politics in order to facilitate human emancipation
(liberation).
3.3 The theory engages the world community by extending pros and cons of an issue
faced by a society or the territory or a country whatever the case may be. In this
way a consensus is reached at amongst international community to a solution.
Critical theorists directly address the question of how to bring about peace through
change in state behaviour where the main aim is to transform international system
into a world society with the condition of agreeing on norms of trust and sharing.
The objective of Critical theorists is to regulate security competition and war to
the scrap heap of history in terms of first and second World Wars and Cold War to
create a genuine peace.
4. Application of Critical Theory in Kashmir Issue
4.1 By engaging world community: Pakistan has diplomatic missions around the
globe. It is the high time to engage world community on the issue of Kashmir.
Although these diplomatic channels remained engage with rest of the world
during last 72 years but it was one of the issues. Now is the time to make Jammu
& Kashmir the main issue by letting world community across the globe know the
factual position of Indian brutalities especially in the event of the end of special
status of Jammu & Kashmir as well as violation of basic rights of Kashmiris
where more than 8 million Kashmiris are living miserable life under curfew since
last more than 90 days. Kashmiri leadership is either in jail or under house arrest.
Even those leaders who were in favour of India since last 72 years are under
custody of Indian forces. Kashmiris have been deprived of basic human rights for
last more than 90 days especially the freedom of movement and expression and
telephone and internet facilities has been disconnected. Pakistan should send
special missions especially to the Muslim countries and the countries that are
associated with India economically and politically.
4.2 By engaging world powers: Pakistan diplomatic missions, under proposed
Critical theory, are required to engage world powers especially the members of
UN Security Council by sensitizing them on gravity of matter that how the matter
is critical for world peace as both Pakistan and India are atomic powers. Also that
Pakistan, being smaller state, has limited options in terms of conventional warfare
and may think of using atomic warhead to save herself from Indian hegemonic
designs.
4.3 By engaging countries having economic interest in the region: As India is
a big country with more than one billion population, many countries of the world
have certain economic interests there. Apart from India many other countries have
stakes in this region due to large population in countries like Pakistan and
Bangladesh so there is a need to engage these countries to convince / compel India
to observe international norms for world peace and security.
4.4 By opposing Indian hegemony: Indian occupied Jammu & Kashmir started
facing some serious injustices after India revoked the article 370 and 35-A which
stated that Jammu & Kashmir will remain a disputed territory. Now India is
showing its hegemony in Indian occupied Kashmir, taking away Kashmiris’ basic
human rights which led to the deaths of thousands of Kashmiris in the hands of
armed Indian military forces. India’s realist way of taking control over Jammu &
Kashmir brought chaos in the world which goes completely against the ideas of
critical theorists. However, Pakistan requires engaging the world without any
intent to go on war by applying critical theory to attain peace with the help of
international politics. Indian government made Indian occupied Kashmir
completely caged with no voice reaching the world. India should be compelled to
lift curfew so that the Kashmiris can communicate with the rest of the world to
highlight atrocities they are facing in the hands of Indian armed forces.
4.5 By engaging media: Media is the powerful voice and fastest means to let
others’ know about the current and factual position of the people of Kashmir
under siege in Indian Occupied Kashmir. Pakistan requires engaging world
renowned media to propagate Jammu & Kashmir.