Kashmir Under Pakistani Occupation: Social and Political Rights Under Flux

The fragmented parts of Kashmir remain a contentious issue after the invasion of Pakistan during the 1947 Indo-Pakistani War. The present lineage of the occupied territory goes back to its status as a princely state, opting for independence and signing the ‘Instrument of Accession’ after Pakistan captured portions of its territory.

Illustration by The Geostrata

However, the current political realities stand in contrast to the past as the regime from Islamabad deprives the region of its social, political and economic rights, making the political structure inaccessible for the ordinary residents under occupation.

Such conditions have resulted in making Pakistan-occupied Kashmir (PoK) subservient to subsequent regimes that exercised tight control over the political functioning. The prevailing conditions of control from the centre encouraged the control of the Pakistan security forces since October 1947. Therefore, the article intends to examine the implications of direct control of Pakistan-occupied Kashmir (PoK) by regimes in Pakistan on the social, economic and political impact of the residents in the region. 

DIRECT CONTROL BY REGIME IN ISLAMABAD

The region boasts a higher gross domestic product (GDP) than the rest of Pakistan. Despite limitations to information access and associated constraints, Pakistan-occupied Kashmir has maintained a literacy rate of 76.6%, compared to 58% in Pakistan. Such cases demonstrate that the so-called ‘Azad Kashmir’ is ‘Azad’ in pen and paper, with its administration managed directly by the government in Islamabad, which runs the constitutional structure based on executive decrees.

The instances of Pakistani contempt with the PoK are visible in the case of widespread protests in Poonch and Mirpur in 1955 when the government imposed martial law. The situation worsened after the arrival of military control when the central governments treated the region with contempt, making them take control of the civilian and military apparatus while disregarding the principles of democracy.  The region’s history goes back to Pakistan’s illegal occupation from October 1947.

PoK lacks fundamental human and democratic rights. The territory’s government is monitored and managed by successive governments of Pakistan.

The political issues have resulted in a lack of accountability from the local governmental bodies. The elections in local bodies have been halted since 1991. The region suffers from a lack of information as the residents are deprived of their right to information. The absence of dissent and freedom has also been seen in the case of local media. The media have been deprived of their rights to report free news coverage. The rights of the local newspapers and television remain restricted to reporting only through the lens of Islamabad’s official narrative. 

The lack of compliance and avoidance resulted in strict censorship. Therefore, the region is deprived of its means to exercise democratic freedom and dissent, citing genuine concerns for the aspirations of the locals in the area. 

The case of cabinet decrees can be seen in the cabinet division of Pakistan, which passed two notifications. Such ambiguities can be seen in notifications that state that PoK is not a part of Pakistan but should be kept as a separate province. Therefore, PoK as a province possesses the burden of its duties but no entitled privileges and rights. The 13th Amendment Act passed in 2018 guaranteed rights, but the fundamental rights in the region are not on par with Pakistan’s constitution. 

OVERWHELMING PRESENCE OF MILITARY AND SECTARIAN GROUPS

The overwhelming presence of Pakistan’s military in the region worsened the situation, resulting in the control of the socio-political fabric of PoK by unleashing the forces of sectarian discord during the 1980s. The elements encouraging sectarian discord have been encouraged by the state to unleash terrorisation and loot that resulted in the dissemination of local villages and rampage as the ruling General Zia participated in ‘settling scores with Pakistan People’s Party (PPP).’ 

Such a situation has been closely monitored by the Human Rights Watch Report, published in 2006, which laid down widespread human rights abuses in the region by stating the cases of harassment, torture and ill-treatment of individuals on the grounds of limiting freedom of expression.

The involvement of sectarian entities in the social and political order of Pakistan-occupied Kashmir can be seen in the case of the Human Rights Watch Report, which indicated that such entities have been involved in harassment of individuals not cooperating with terrorist groups.

The region remains the heart of militant and sectarian groups, heightening its activity during the 26/11 attacks in Mumbai.  The involved individuals in the terrorist attacks have provided evidence that the militants have received training at a camp located in Muzaffarabad. The region has not only been utilised for launching terrorist attacks in neighbouring countries but also to increase social linkages in PoK. An example of this case can be seen in the case of terrorist groups like the Lashkar-e-Taiba, who developed strong linkages with the local population after the 2005 earthquake under the guise of conducting relief operations. 

ECONOMIC EXPLOITATION

The majority of the portions of Pakistan-occupied Kashmir are case avoidance by the military establishment of Pakistan. The occupied territory is an element of contestation between India and Pakistan. The region boasts a variety of revenue sources that can serve as essential supplies of energy, mining, tourism and agricultural activities. PoK has energy potential but is deprived of its due share of resources. The case of PoK’s deprivation of its due resource share can be understood from the distribution of electricity generated from the Mangla dam. 

The dam is located in Pakistan-occupied Kashmir and can produce more than 20% of total hydroelectricity production. Despite the region’s potential in terms of energy production, it received only 30% of its total requirement.

The other majority is distributed in the Punjab province of Pakistan.  In the current economic conditions of Pakistan, the rising inflation levels have impacted the lives of the residents, who lack subsidies for essential commodities. In the present circumstances, there is a shortage of food, electricity, water and medicines as the developmental expenditures stand at around US$88-90 million compared to India’s Jammu and Kashmir, with spending around US$50 billion. 

CONCLUSION

In conclusion, the regime in Islamabad has not only exploited the PoK for resources but has also managed to maintain its control by encouraging sectarian and fundamentalist elements. Such instances have reflected an overall marginalisation of the population with reduced political, economic and social rights and protections.

The current economic and political disenfranchisement of the region is a continuation of the actions of the civilian and military regimes of Pakistan.

Such conditions have not only resulted in the overall marginalisation of POK but have also generated an overall contempt for the current government in Pakistan. The declining levels of social and economic security have resulted in the growth of terrorist organisations that continued their expansion to make POK a base for terrorist operations.

The political establishments have encouraged financial exploitation that guaranteed contempt over the public’s concerns and utilised the region with economic potential for geopolitical purposes.  Therefore, economic exploitation to reduce political rights has resulted in making POK a separate province kept in check with the institutional dominance of Pakistan’s deep state.

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BY ANIRBAN DUTTA 

TEAM GEOSTRATA

info@geostrata.com