The origins of the Pakistan-Occupied Kashmir (PoK) dispute trace back to the partition of British India in 1947. The princely state of Jammu and Kashmir, ruled by Maharaja Hari Singh, was given the choice to accede to either India or Pakistan. Facing internal rebellion and external aggression from tribal invaders supported by Pakistan, the Maharaja signed the Instrument of Accession to India on October 26, 1947. This led to the first Indo-Pak war.
In 1949, under the supervision of the United Nations, a ceasefire was declared. The ceasefire line, now known as the Line of Control (LoC), divided Jammu and Kashmir into two parts: the western and northern part, administered by Pakistan (PoK), and the remaining two-thirds under Indian control.
Pakistan-Occupied Kashmir (PoK) is a term used in India to describe the part of the erstwhile princely state of Jammu and Kashmir that is currently administered by Pakistan. It comprises two primary regions: Azad Jammu and Kashmir (AJK) and Gilgit-Baltistan. The area has been the epicenter of one of the most protracted territorial disputes in the world, involving complex historical events, legal interpretations, political conflict, and military confrontations between India and Pakistan.
Historical Background of POK
- The Princely State of Jammu and Kashmir
Under British rule, India was divided into provinces directly controlled by the British and over 560 princely states that enjoyed nominal autonomy under British suzerainty. The princely state of Jammu and Kashmir, ruled by Maharaja Hari Singh, was a multi-ethnic and multi-religious region with a Muslim-majority population and a Hindu ruler. - Partition of British India (1947)
When India was partitioned in 1947, princely states were given the option to join either India or Pakistan, or remain independent. Maharaja Hari Singh initially sought to remain independent. However, in October 1947, tribal militias from Pakistan’s North-West Frontier Province, supported by Pakistani forces, invaded the state with the intention of forcing accession to Pakistan. - Accession to India
Faced with the invasion and fearing the fall of Srinagar, Maharaja Hari Singh requested military assistance from India. India responded on the condition that the Maharaja accede to India. On October 26, 1947, the Maharaja signed the Instrument of Accession, legally integrating Jammu and Kashmir into the Union of India. Indian troops were subsequently airlifted into the region to repel the invasion. - First India-Pakistan War (1947–48)
The ensuing conflict between India and Pakistan continued until a United Nations-mediated ceasefire was declared on January 1, 1949. The ceasefire line, now known as the Line of Control (LoC), effectively divided Jammu and Kashmir into two parts: one administered by India and the other by Pakistan.
Legal and Constitutional Perspectives
- India’s Position
India considers the entire region of Jammu and Kashmir, including PoK, as an integral part of the country based on the legal Instrument of Accession signed by the Maharaja. This position is supported by resolutions passed in the Indian Parliament, including a unanimous resolution in 1994 reaffirming India’s sovereignty over the entire territory of Jammu and Kashmir. - Pakistan’s Position
Pakistan disputes the legality of the accession, arguing that it does not reflect the will of the Kashmiri people. Pakistan has historically advocated for a plebiscite to determine the region’s future, based on UN Security Council resolutions passed in 1948 and 1949. However, the condition for such a plebiscite—namely, the complete withdrawal of Pakistani forces from the region—was never fulfilled. - United Nations Resolutions
The UN proposed a three-step process: (1) Pakistan must withdraw its forces; (2) India was to reduce its military presence; and (3) a plebiscite would be held. Since Pakistan did not fulfill the first step, the plebiscite was never conducted.
Strategic and Geopolitical Importance
- Location
PoK is strategically located, sharing borders with China, Afghanistan (via the narrow Wakhan Corridor), and the Indian union territories of Jammu & Kashmir and Ladakh. It is also adjacent to the Siachen Glacier and the Karakoram Range. - China-Pakistan Economic Corridor (CPEC)
PoK plays a critical role in the China-Pakistan Economic Corridor (CPEC), a multi-billion-dollar infrastructure project under China’s Belt and Road Initiative. The corridor passes through Gilgit-Baltistan, which India has objected to, citing it as a violation of its sovereignty. CPEC has further complicated the geopolitical scenario, bringing China into the regional dispute. - Military and Security Concerns
India alleges that Pakistan-based terror groups such as Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM) use PoK as a base to infiltrate militants into Indian territory. These concerns have led to military actions such as the 2016 surgical strikes and the 2019 Balakot airstrikes.
Human Rights and Governance in PoK
- Political Freedom
Both AJK and Gilgit-Baltistan face significant restrictions on political freedoms and civil rights. Reports by international human rights organizations have pointed to a lack of press freedom, restricted political expression, and suppression of local voices advocating greater autonomy or independence. - Economic Development
PoK suffers from underdevelopment compared to other regions. Infrastructure, healthcare, and education remain under-resourced. Local populations have frequently protested against resource exploitation, lack of political rights, and environmental degradation caused by hydroelectric projects.
Geographical and Administrative Divisions
Pakistan-Occupied Kashmir comprises two primary regions:
- Azad Jammu and Kashmir (AJK): Often referred to as “Azad Kashmir” by Pakistan, this area has its own President and Prime Minister but operates under heavy influence from Islamabad. It covers roughly 13,297 square kilometers.
- Gilgit-Baltistan: Formerly known as the Northern Areas, Gilgit-Baltistan lies to the north of AJK and spans approximately 72,971 square kilometers. Though administered by Pakistan, it is not constitutionally recognized as a province, and its political representation remains limited.
Together, these regions are termed as PoK by India, which considers the entire area as an integral part of the Union of India, illegally occupied by Pakistan.
International Perspective and the UN Role
The United Nations has passed several resolutions, beginning with UNSC Resolution 47 (1948), calling for a plebiscite in Jammu and Kashmir after the withdrawal of Pakistani forces. However, the preconditions were never met, and the plebiscite never occurred. Over the decades, international support for a UN-led resolution has waned, with most countries encouraging bilateral dialogue between India and Pakistan.
Strategic Importance of PoK
PoK is strategically significant for multiple reasons:
- Geographical Location: It borders China, Afghanistan, and India, making it geopolitically crucial.
- China-Pakistan Economic Corridor (CPEC): Gilgit-Baltistan plays a central role in CPEC, a multi-billion-dollar infrastructure project funded by China. India opposes this project as it passes through territory it claims as its own.
Indian Position on PoK
India’s official stance is that PoK is an integral part of the country. In August 2019, after revoking Article 370, Indian leaders emphasized reclaiming PoK as a part of the country’s constitutional commitment. In several parliamentary sessions and official statements, Indian ministers have reiterated that PoK is under illegal occupation and that efforts will be made to reintegrate it.
Pakistan’s Stance and Administration
Pakistan administers PoK as two separate regions. While it promotes AJK as a self-governing territory, critics argue that it lacks genuine autonomy. Gilgit-Baltistan, meanwhile, has long demanded full provincial status, which remains a contentious issue within Pakistan due to concerns over international backlash.
In November 2020, Pakistan announced provisional provincial status for Gilgit-Baltistan. This drew strong criticism from India, which declared the move as illegal and unacceptable.
Current Status and Recent Developments
Tensions around PoK remain high. Cross-border skirmishes, diplomatic standoffs, and strong rhetoric from both nations continue to define the region’s volatile environment.
In recent years, India has increasingly emphasized its claim over PoK in global forums. On the other hand, Pakistan continues to internationalize the Kashmir issue, particularly after the abrogation of Article 370 in India.
In 2023 and 2024, local protests in PoK over inflation, taxation, and lack of resources have gained momentum, with some demanding greater autonomy and others questioning Islamabad’s governance.
Current Status and Future Outlook
- Ceasefire Agreement
In February 2021, India and Pakistan agreed to observe a ceasefire along the LoC, which has largely held despite periodic skirmishes. The agreement has contributed to a temporary reduction in hostilities. - Recent Developments
- Pakistan has made several attempts to integrate Gilgit-Baltistan more formally into its constitutional framework, a move condemned by India.
- The Indian government continues to assert its claim over PoK, including references to it in political speeches, military briefings, and official documents.
- Diplomatic Engagement
Although formal dialogue between India and Pakistan has been limited in recent years, international actors including the United Nations, the United States, and China continue to monitor the situation. Any resolution would likely require complex negotiations and mutual compromises, which currently seem unlikely.
Conclusion
Pakistan-Occupied Kashmir remains a highly sensitive and contested region, central to India-Pakistan relations and South Asian geopolitics. Rooted in the chaotic legacy of partition, the region’s legal ambiguity, political instability, and strategic importance continue to pose challenges to peace and cooperation. The status quo is fraught with risks, including military escalation, cross-border terrorism, and the suppression of local voices. A sustainable resolution would require renewed diplomacy, adherence to international law, and above all, the inclusion of the voices of the region’s people. Until such a process unfolds, PoK will continue to symbolize one of the most intractable disputes in contemporary geopolitics.
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