The following is a public interest message written by Dr. Nazir Gilani, who is - amongst other titles - a legal expert on the jurisprudence of the Jammu & Kashmir case:
Jurisprudence – Is it a Humanitarian and Political Issue?
Defend the core characteristic of Kashmir Case.
We need to understand the basic difference between a “HUMANITARIAN & POLITICAL ISSUE” and a "FUNDAMENTAL RIGHT”.
Kashmir is recognised as Right of “Equality of People” and as a “Right to Self-Determination”. Self Determination is not a humanitarian or a political issue.
Under article 1 (2) of Purposes and Principles of UN Charter, the “nations have to develop friendly relations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.
The humanitarian and political components are embedded in the Right of Self-Determination and not vice versa.
(The United nations) UN has recognised “Rights and Dignity” and “Security and Self-Determination” of the people of Jammu and Kashmir.
Simplifying it as a “Humanitarian” and “Political” issue falls far below the jurisprudence of the CASE.
We need to be careful and ever ready to defend the core characteristic of Kashmir Case.
Dr. Syed Nazir Gilani
President - JKCHR