Why is Pakistan-occupied Kashmir rocked by protests? | Explained
Protests centred on Rawalakot in Pakistan-occupied Kashmir (PoK) have continued for weeks, originating over local grievances such as electricity tariffs, subsidised wheat prices and inflation, before broadening into demands on political representation and governance.
A key point of contention has been the reservation of a fixed number of seats in the Azad Kashmir Legislative Assembly for refugees registered elsewhere in Pakistan, which protesters say allows non-residents to influence the region's internal political affairs.
The unrest intensified around the Azad Kashmir general election process, with opposition groups boycotting polling and organising a long march from Rawalakot toward Muzaffarabad.
India has reiterated its established position that Jammu and Kashmir, including the areas under Pakistan's occupation, is an integral part of the Union of India.
Instrument of Accession (1947) and the Legal Basis of India's Claim
The Instrument of Accession was executed on 26 October 1947 by Maharaja Hari Singh, the ruler of the princely state of Jammu and Kashmir, acceding the state to the Dominion of India; the accession was accepted by Governor-General Lord Mountbatten on 27 October 1947. This document remains India's core legal basis for treating the entire former princely state — including territory currently under Pakistani control — as part of India.
Key Details
- Accession under the Government of India Act, 1935 framework covered defence, external affairs and communications, later fully integrated with India's Constitution.
- Pakistan does not recognise the accession as final, arguing the process should have been subject to a plebiscite under the original UN-mediated framework.
- The areas under Pakistani administration since 1947-48 are officially termed "Pakistan-occupied Jammu and Kashmir" (PoJK) in Indian usage, encompassing both Azad Jammu and Kashmir (AJK) and Gilgit-Baltistan.
The current protests occur in Azad Kashmir, one of the two administrative segments of PoJK created after 1947; India's position treats this entire territory as illegally held.
UNSC Resolution 47 (1948) and the Kashmir Dispute at the UN
United Nations Security Council Resolution 47 was adopted on 21 April 1948, expanding the UN Commission for India and Pakistan (UNCIP) and calling for Pakistan's withdrawal of forces/nationals and a plebiscite process to determine Kashmir's future, contingent on prior troop withdrawal that never occurred.
Key Details
- The resolution's plebiscite conditions were never fulfilled since Pakistan did not withdraw its forces as a precondition, and India subsequently held that developments since (including accession and later constitutional integration) superseded the resolution's premise.
- Subsequent bilateral agreements, notably the Shimla Agreement, shifted the dispute toward bilateral resolution rather than UN mediation.
Understanding why the Kashmir dispute is not actively before the UN today requires tracing this history — India treats it as a bilateral matter under the Shimla framework, not a live UN plebiscite question.
Shimla Agreement (1972) — Line of Control vs. International Boundary
The Shimla Agreement was signed on 2 July 1972 between the Prime Ministers of India and Pakistan following the 1971 war, converting the 1971 ceasefire line into the Line of Control (LoC), which both countries agreed to respect without unilateral changes, pending a final settlement.
Key Details
- The LoC is a de facto military control line, not a legally recognised international boundary — a critical distinction from the India-Pakistan International Boundary (IB) further south in Jammu.
- The Agreement committed both countries to resolve differences bilaterally, forming the basis for India's objection to third-party mediation on Kashmir.
The LoC concept explains why PoK is described as "Pakistan-occupied" rather than internationally recognised Pakistani territory — its status remains legally unsettled pending final resolution, unlike a normal international border.
Gilgit-Baltistan vs. Azad Jammu and Kashmir — Two Different Governance Arrangements
PoJK is administratively split into two distinct units with different governance structures. Azad Jammu and Kashmir (AJK), where Rawalakot and Muzaffarabad are located, has operated under its own 1974 interim constitution with a nominally elected legislative assembly and government, though defence, foreign affairs and currency remain under Pakistan's federal control. Gilgit-Baltistan, separated from AJK by a Pakistani proclamation of 28 April 1949, has no comparable constitutional status and is governed through Pakistani presidential orders via a legislative assembly with limited powers.
Key Details
- AJK's 1974 Act (Azad Jammu and Kashmir Interim Constitution Act) requires officeholders to affirm accession to Pakistan, restricting genuine self-determination debate within its own institutions.
- Gilgit-Baltistan has periodically been proposed for elevation to full provincial status by Pakistan, a move India has objected to as altering the status of disputed territory.
The seat-reservation dispute driving the Rawalakot protests is specific to AJK's legislative structure; it does not directly extend to Gilgit-Baltistan, which has an entirely separate — and more directly Islamabad-controlled — governance arrangement.
India's Parliamentary Resolution of 1994
Both Houses of the Indian Parliament unanimously adopted a resolution on 22 February 1994 reaffirming that Jammu and Kashmir, in its entirety, has been, is, and shall remain an integral part of India, and calling on Pakistan to vacate the areas under its occupation.
Key Details
- The resolution remains the formal parliamentary basis cited whenever the government reiterates its position on PoK in official statements.
- It followed a period of heightened cross-border militancy and Pakistan's attempts to internationalise the Kashmir issue at UN forums.
Official Indian statements on the Rawalakot unrest draw on this standing parliamentary position — describing the affected territory as Indian territory under illegal occupation rather than sovereign Pakistani territory.
- Instrument of Accession signed: 26 October 1947; accepted 27 October 1947
- UNSC Resolution 47 adopted: 21 April 1948
- Shimla Agreement signed: 2 July 1972, converting the 1971 ceasefire line into the Line of Control
- AJK Interim Constitution Act: 1974
- Gilgit-Baltistan separated administratively from AJK: 28 April 1949 (Pakistani proclamation)
- Indian Parliament's unanimous resolution on PoK: 22 February 1994
- PoJK comprises two units: Azad Jammu and Kashmir (AJK) and Gilgit-Baltistan, each with distinct governance arrangements under Pakistan