Dr Shabir Choudhry, London, 9 July 2026.
Despite many twists and turns in Pakistan’s Kashmir
policy, Pakistan has publicly maintained before the international community
that the entire State of Jammu and Kashmir is a disputed territory whose future
is yet to be determined. Successive governments have repeated this position,
and it forms the basis of Pakistan's diplomatic campaign on Kashmir.
This policy also finds expression in Article 257
of the Constitution of Pakistan, which states:
"When the people of the State of Jammu and
Kashmir decide to accede to Pakistan, the relationship between Pakistan and
that State shall be determined in accordance with the wishes of the people of
that State."
On the face of it, this appears to recognise an
important democratic principle: that the people of Jammu and Kashmir possess
the right to determine both whether they wish to accede to Pakistan and, if
they do, the nature of their constitutional relationship with Pakistan.
However, the constitutional and political reality
in Pakistan-administered Jammu and Kashmir presents a striking contradiction.
Freedom to
Choose—or Only One Choice?
The Azad Jammu and Kashmir Interim Constitution
Act, 1974, places severe restrictions on political activity.
No political party may legally advocate a
constitutional future other than accession to Pakistan. Candidates contesting
elections must affirm their commitment to the ideology of accession to
Pakistan. Likewise, holders of public office are required to take an oath
supporting that objective.
This raises an obvious constitutional question. If
the people of Jammu and Kashmir are genuinely free to determine their future,
why are they prevented from peacefully advocating alternative constitutional
options?
A democratic choice cannot be meaningful if only
one outcome is legally permissible before the choice has even been made.
The Fourth
Schedule
For the
past several days, a list has been circulating that reportedly claims that these
people have been included in the Fourth Schedule. Many people talk of the
Fourth Schedule, but they don’t know what it is, and how seriously it affects the
lives of the people.
Many people mistakenly believe that the Fourth
Schedule is a criminal conviction. It is not true.
The Anti-Terrorism Act contains several schedules
dealing with different matters.
- The First Schedule lists proscribed organisations.
- The Second Schedule identifies organisations under
observation.
- The Third Schedule lists offences triable under the
Anti-Terrorism Act.
- The Fourth Schedule contains the names of individuals whom
the authorities consider present a security concern.
A person placed on the Fourth Schedule may not have
been convicted of any offence. The designation is administrative rather than
judicial.
Nevertheless, inclusion on the Fourth Schedule can
have serious consequences.
These may include:
- Regular reporting to police authorities;
- Restrictions on movement and travel. The person cannot leave the
city without the permission of the authorities;
- Enhanced surveillance;
- Limitations on obtaining passports – general practise is to cancel the
passport and ID card, and that can very seriously affect the everyday life
of the people concerned;
- Restrictions affecting financial transactions; general practise is
to freeze all accounts, and the person concerned cannot obtain loans or do
business, or obtain employment;
- Damage to reputation in society and a very serious impact on the family
life; and
- Limitations on political activity.
Although not formally a punishment, these
restrictions can significantly affect an individual's personal, social, professional
and political life.
This contradiction has become even more significant
with the increasing use of Pakistan's Anti-Terrorism Act, 1997,
particularly the Fourth Schedule.
Counter-Terrorism
or Political Management?
No responsible person would dispute that every
state has both the right and the duty to protect its citizens against
terrorism.
The question is whether anti-terrorism legislation
should also be used against peaceful political activists; and against those
seeking fundamental rights?
In recent years, a growing number of political
activists, lawyers, journalists and leaders of rights movements in
Pakistan-administered Jammu and Kashmir have reportedly been subjected to
anti-terrorism measures, including placement on the Fourth Schedule or
prosecution under anti-terrorism laws.
If individuals advocate violence or religious
hatred, they should be prosecuted in accordance with the law.
However, if their activities consist primarily of
peaceful political advocacy, constitutional reform or demands for greater
democratic rights, then treating them as security threats raises profound legal
and constitutional questions.
A
Democratic Paradox
Pakistan argues internationally that the people of
Jammu and Kashmir must be allowed to exercise their right of self-determination,
which in practise is not a right of self-determination, but a right of
accession to either India or Pakistan. This right to accession was proposed by
Pakistan, and was not opposed by India and became a part of the UNCIP
Resolution.
Even though this right of accession was proposed by
Pakistan, still if any citizen of Jammu and Kashmir expresses his desire to be
part of India, immediately that person is declared a traitor, an Indian agent
and anti-Pakistan.
That practically means Pakistan is only prepared to
give the people of the divided Jammu and Kashmir one option – and that is to
join Pakistan or be prepared to face the consequences.
This means within Pakistan-administered Jammu and
Kashmir, the space for debating constitutional alternatives appears
increasingly restricted. This produces an uncomfortable paradox.
On one hand, Article 257 appears to acknowledge the
right of the people to determine their constitutional future.
On the other, political laws and administrative
practices often permit discussion of only one constitutional outcome – joining Pakistan.
Whether the Pakistani policymakers, and their
puppets, acknowledge the bitter facts or not, such contradictions weaken
Pakistan's constitutional and diplomatic position. There are big contradictions
in Pakistan’s declared Kashmir policy and the practise.
A state that argues for democratic choice
internationally must also demonstrate democratic confidence domestically.
Colonial
Methods in a Post-Colonial State
History teaches us that colonial administrations
often governed through a combination of coercion and patronage.
Those who challenge or criticise the wrong policies
of the government are systematically monitored, harassed, pressured, imprisoned
or economically marginalised.
Those who demonstrate loyalty are handsomely
rewarded financially, politically and with awards.
The objective was not merely to suppress resistance
but to shape political behaviour through fear and dependency.
One of the disappointments of South Asian politics
has been the persistence of some of these methods long after the end of
colonial rule; and in the case of Pakistan and to some extent India, these
methods are still regularly applied to silence dissent and control political and
economic behaviour.
Instead of relying primarily upon democratic
persuasion, governments have too often relied upon surveillance, preventive
detention, restrictive legislation and administrative control.
The colonisers have gone, but their colonial legacy
remains visible in different forms across the region; hence the suffering of
the oppressed and occupied people continues.
The Way
Forward
The people of Jammu and Kashmir deserve more than
competing national narratives. They do not ask for the sky or moon. They seek
fundamental human rights; and they deserve genuine political freedom.
If Pakistan sincerely believes that the future of
Jammu and Kashmir should be determined by its people, then it should create
conditions in which all peaceful political opinions may be expressed without
fear.
The answer to political disagreement is not
administrative restriction but democratic debate. Counter-terrorism laws should
remain directed against those who advocate extremism, religious hatred or
commit violence.
These laws should not become instruments for
regulating peaceful political opinion, and control the lives of the people.
History demonstrates that durable political
settlements are achieved not through coercion but through dialogue,
constitutionalism and respect for fundamental freedoms.
If Pakistan wishes to strengthen both its
democratic credentials and its international case on the Kashmir dispute, there
could be no better place to begin than by ensuring that the people living under
its own administration enjoy the very freedoms that it seeks for Kashmiris
elsewhere.
Fourth Schedule extended to the UK and other
countries.
According to recent
reports and a widely circulated post which claimed that Imran Hussain MP, Chair
of the UK All-Party Parliamentary Group on Jammu and Kashmir, has been placed
on Pakistan's Fourth Schedule, if it is true, then it raises some serious
questions about the expanding use of anti-terrorism legislation. It would be
unusual for a serving Member of the British Parliament, whose involvement has
consisted of political advocacy and parliamentary engagement, to be subjected
to such measures. Whatever reasons the authorities may advance, such action
risks creating unnecessary diplomatic friction and may discourage constructive
international engagement in the discourse on Jammu and Kashmir. It also raises
broader questions about whether security legislation is being extended beyond
its original purpose of countering terrorism into the sphere of peaceful
political activity.
A serving British Member of Parliament is
not an underground militant or a clandestine political activist. He is an
elected representative in the Parliament of the United Kingdom. If Pakistan has
formally placed him on the Fourth Schedule, then the issue is no longer merely
domestic—it acquires an international and diplomatic dimension.
As Chairman of the APPG on Jammu and Kashmir, his
role has been to engage with the issue politically and parliamentarily. To
subject such a figure to anti-terrorism monitoring is likely to raise questions
in Westminster and beyond.
The Pakistani ruling elite
need to revisit the wisdom of their policies. Pakistan has traditionally sought
support from British parliamentarians on the Kashmir dispute. Listing a serving
British Member of Parliament as a person requiring monitoring under
anti-terrorism legislation is likely to be interpreted in the United Kingdom as
an unfriendly and disproportionate measure.
Furthermore,
it risks undermining Pakistan's diplomatic narrative. Pakistan has consistently
argued that it supports democratic rights and political freedoms in Jammu and
Kashmir. If a foreign parliamentarian engaged in peaceful political advocacy is
subjected to security restrictions, critics will inevitably question whether
Pakistan is applying the same democratic standards that it advocates
internationally.
In
addition, it could discourage parliamentary engagement. Members of the British
Parliament, the European Parliament and other legislatures may become reluctant
to visit Pakistan or Pakistan-administered Jammu and Kashmir if they believe
they could face legal or administrative restrictions because of their political
views.
Finally,
it risks damaging Pakistan's relationships with long-standing friends. The APPG
has historically included MPs from different political parties who have taken
an interest in the Jammu and Kashmir dispute. Subjecting one of its Chairs to
security measures may be viewed as counterproductive.
Dr Shabir Choudhry is a London-based political analyst, author,
and expert on South Asian affairs, with a focus on Pakistan, Afghanistan, and
Kashmir. Email: drshabirchoudhry@gmail.com