Brig Dr Vijay Sagar Dheman
iijsajammu@gmail.com
In the snow-laden valleys and turbulent mountain passes of Pakistan-Occupied Jammu & Kashmir (POJK), a longstanding, covert injustice has afflicted two regions, so called -Azad Jammu Kashmir (SO CALLED – AJK) and Gilgit-Baltistan (GB). What superficially appears as governance and constitutional mechanisms is, in actuality, a system of controlled subjugation, economic impoverishment, and fractured identity.
A Constitutional Smoke Screen
SO CALLED – AJK possesses its own constitution, a legislative assembly, and electoral processes. Nonetheless, pursuant to the 1974 Interim Constitution Act, its most crucial decisions are not made within Muzaffarabad; instead, they are made in Islamabad. The Azad Jammu & Kashmir Council, which is central to that act, exercises authority described by the SO CALLED – AJK High Court as a “supra power”-above even the local legislature. Its composition consolidates federal dominance: while SO CALLED – AJK has elected representatives, they are outnumbered by ex officio and nominated members who are either from Pakistan’s federal government or operate under its complete influence. The Chairman of the Council is the Prime Minister of Pakistan, implying that even judicial appointments in SO CALLED – AJK are made “on the advice of” that Chairman, rather than through independent local judicial or constitutional deliberation. In practice, the chairman, who is the PM of Pakistan, has virtual veto rights.
Gilgit-Baltistan: Limbo, Land, and Leviathan
Gilgit-Baltistan, for its part, resides in a state of legal limbo. Without achieving full provincial status, the residents of GB are deprived of representation in Pakistan’s National Assembly or Senate. Their appeals for constitutional protections are often postponed or disregarded, frequently in a manner that appears convenient. Moreover, despite possessing abundant hydroelectric potential, rivers, glacier-fed freshwater resources, and mineral wealth, local communities face challenges such as high electricity costs and environmental degradation resulting from dams and development projects, whose benefits are often diverted elsewhere. Environmental rulings-such as the 2019 High Court decision concerning hydroelectric pollution-are frequently disregarded or inadequately enforced, further contributing to the perception that legal safeguards are ineffectual.
Protests, Crackdowns, and the Price of Dissent
The desperation is overt and conspicuous. In 2024, the Jammu Kashmir Joint Awami Action Committee (JAAC) initiated demonstrations in Azad Jammu and Kashmir (SO CALLED – AJK) in response to the escalating food and electricity costs. The authorities’ response was severe: markets were closed, numerous individuals were detained, deliberate communication blackouts were enforced, and violent confrontations ensued, resulting in countless injuries and multiple fatalities. Ultimately, the government conceded by approving substantial subsidy allocations, although only after the repercussions of repression had already manifested. Today, the entire population is on the roads, protesting in unequivocal terms. The movement is currently beyond the control of the Pakistani-backed administration. The Army has been mobilized, leading to widespread violence, including killings, torture, and operations by security forces. At times, peaceful protesters have responded, resulting in a breakdown of administration and significant damage to lives and property in POJK, reminiscent of the classic operations by the British before 1947.
Land under Siege, Identity Under Threat
In POJK, the land reclamation conducted by the government transcends mere administrative processes, serving as a strategic demographic measure.The Punjabis from Pakistani Punjab and the Chinese are being provided with incentives to marry local residents and establish permanent residence in POJK, consequently eroding the original identity of the inhabitants, much to the resentment of locals. Under the traditional regulations, numerous lands are designated as state property. The new Land Reform Acts, enacted now, although hailed by some as progressive, have raised concerns. Local residents warn that ambiguous classifications such as “common land” and the issuance of arbitrary eviction notices within fifteen days could result in the dispossession of families who have inhabited their land for generations without official titles. Additionally, proposals for long-term leases and allocations to security forces exacerbate fears of erasure-not merely of property, but also of cultural identity.
Unrelenting Demand for Justice
What are the demands of the citizens of POJK? Fundamentally, they encompass fundamental rights such as constitutional inclusion, equitable resource distribution, judicial independence, and participation in the governance of their land, both in its physical and political dimensions. JAAC’s demands comprised subsidised wheat and electricity at reasonable rates, as well as delineating seats reserved for distant refugee constituencies. Although these issues appear modest, they strike at the core of representation and dignity.
What Lies Ahead?
The crisis remains unresolved. Tensions persist, protests amplify, and newly introduced legislation intended for reform is often perceived as superficial or insincere. Judicial rulings face delays or are disregarded, while economic strain increases. In Gilgit-Baltistan, the Land Reforms Act 2025 is encountering resistance rather than acceptance. Local residents caution that such reforms, ostensibly designed to safeguard their interests, may instead lead to greater federal influence and demographic changes. Ultimately, this issue transcends mere legislation or policy; it concerns whether marginalised voices-previously silenced or excluded-can be heard. It questions whether concepts of identity, land, and justice can be realised theoretically and in actual lived experience. The inhabitants of POJK do not seek extraordinary measures-they simply ask for fundamental rights to agency, dignity, and justice-privileges others often take for granted. Until these rights are assured, their struggle continues unabated. There are legitimate demands to secede from Pakistan and legally accede to the erstwhile state of Jammu and Kashmir. The ORGANIC revolution is around the corner. Amen.
(The author is a Geopolitical Affairs Expert)
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