Pakistan occupied Kashmir

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POK stands for "Pakistan occupied Kashmir"

Background

All five regions — the Kashmir Valley, Jammu, Ladakh, Azad Kashmir and Gilgit and Baltistan are perceived to be disputed and part of the Jammu and Kashmir state, as they were at the time of partition after the Indo-Pakistan War of 1947.[1] Zulfiqar Ali Bhutto promulgated the Azad Jammu and Kashmir Act of 1974 to virtually annex the POK.

1974 act

AJK act declared Islam to be the state religion of POK, disqualified non-Muslims from election to the Presidency and forbade activities prejudicial or detrimental to the ideology of the State's accession to Pakistan (Article 7).It prescribed in the oath of office the pledge 'to remain loyal to the country and the cause of accession of the State of Jammu and Kashmir to Pakistan'. The POK Constitution states: 'No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State's accession to Pakistan'. Under Section 5(2) (vii) of the POK Legislative Assembly Election Ordinance 1970, a person would be disqualified for propagating any opinion or action in any manner prejudicial to the ideology of Pakistan, the ideology of POK's accession to Pakistan, or the sovereignty and integrity of Pakistan. The same caveat applies to anyone who 'defames or brings into ridicule the judiciary of AJK, of Pakistan, or the Armed Forces of Pakistan'.

Divisions

AJK region of Pakistan occupied Kashmir

see Azad Kashmir for more information

Azad Kashmir is part of PoK.It does not include the other territories of PoK like northern areas and saksham valley.

Northern areas

Pakistan unilaterally amalgamated Gilgit, Skardu and Baltistan regions of PoK with Pakistan by redefining these as the Northern Territories administered directly by Islamabad. The arbitrary takeover by Pakistan of these territories was challenged in the High Court of POK and even the court felt impelled to declare Gilgit, Skardu, Baltistan etc, as part of POK. There were public protests even in the northern territories as well as in (ajk)POK but the Government in Islamabad not only ignored the protests but also the courts verdict. Northern Territories, stretch across 60000 km with a population of 10,00,000.[2]

Shaksam valley

Pakistan unilaterally arbitrarily transferred parts of the State of Jammu and Kashmir without their peoples' consent to China as a goodwill gesture to China.It ceded nearly 5180 km2 of the Northern Territories to it.[3]

Political status

Misguided hardliners favouring Pakistan never reveal the true picture of POK. Unlike the special status given to Jammu and Kashmir in India due to article 370 of indian constitution, POK does not hold any special status in Pakistan. Wealthy Pakistanis from Punjab, have got land and property in POK. Those asking for azadi are few and the majority want to be with India and are more concerned wants jobs, peace and development of the region. Various surveys in the 90s clearly indicated that the joining Pakistan option is not desired by residents of the Kashmir Valley. While India has around 14 crores Muslims, only about 50 lakhs live in Kashmir. Indian Muslims have never asked for a separate nation.[4] Pakistan covets Jammu and Kashmir territory and its water resources, not its people. Pakistan did not vacate the territories occupied by it.[5]

Constitutional status in pakistan

The provision in the 1974 Interim Constitution forbids any political activity that is not in accordance with the doctrine of Jammu and Kashmir as part of Pakistan. The interim Constitution demands that candidates contesting for a parliamentary seat in PoK, referred to as the Azad Kashmir by Pakistan, must sign a “declaration of loyalty”.[6]Since independence, Pakistan has devised and changed three written constitutions and the fourth one was drawn up in 1985.

Puppet Government

AJK

Although, azad means sovereignly independent, Pok is a defacto puppet government that is administered and controlled by Pakistan. Pakistan has consistently failed to fulfil its obligations to introduce “meaningful and representative democratic structures” in PoK.In this context, the absence of Kashmiri representation in the Pakistan National Assembly and the fact that PoK is governed through the ministry of Kashmir affairs in Islamabad. Further that the Kashmir Council is dominated by Pakistani officials and the chief secretary, inspector-general of police, accountant-general and finance secretary in the PoK are all from Pakistan.[7]PoK government was not a provisional regime but a declaration proclaiming POK as an integral part of Pakistan.[8]"Pakistan occupied Kashmir is completely lacking in democracy, people suffer oppression and have no voice,” said BJP spokesman Ravi Shankar Prasad, citing a 2007 report of the European Parliament to buttress his argument.[9]

Northern areas

On 28th May 1999, the Supreme Court of Pakistan said: 'it was not understandable on what basis the people of Northern Areas can be denied the fundamental rights guaranteed under the Constitution' i.e. right to equality before law, right to reside and move freely, right to vote, right to be governed by their chosen representatives, right to form political parties, right to assemble peacefully, right to freedom of speech and expression, right to habeas corpus and against illegal detention, right to acquire, hold and dispose property, and the right to have access to an appellate court of justice for the enforcement of all other rights guaranteed under the latest constitution of the country.[10]

Comparison with Jammu and Kashmir

The European Parliament report draws attention to the fact that India is “the world’s largest secular democracy” and has “devolved democratic structures at all levels”. In contrast, the report states that Pakistan “still lacks full implementation of democracy in occupied Kashmir and is yet to take steps towards democracy in Gilgit and Baltistan’.[11][12]

Terrorism from PoK

The report by the Committee of Foreign Affairs of the European Parliament, which was submitted in April 2007, states that “there is considerable evidence that over many years Pakistan has provided Kashmiri militants with training, weapons, funding and sanctuary and has failed to hold militants accountable for atrocities they have committed on the Indian-administered side”. [13]

Terrorism straining relations

If Pakistan was seriously committed in implementing CBM the terrorists training centres in Pakistan Occupied Kashmir (POK) had to be demolished.[14] Terrorism has completely devoured up the perplexed issue of 12,000 POK "unofficial refugees" to the background.[15]

Recent events

On August 13 2008, A Lashker-e-Taiba militant surrendered on Wednesday before security forces at the Line of Control (LoC) soon after he crossed into Jammu and Kashmir from Pakistan occupied Kashmir (PoK) in Rajouri district.[16]

Foot note

Table Area Population Important places Controlled by
Jammu region (see below under ladakh) (see below under ladakh) Jammu India
Main Kashmir valley region 15,520.3 km2 (see below under ladakh) 1901 census:1,157,394 + [17] Srinagar India
Ladakh 222,236 km2(includes Jammu, Ladakh and Kashmir under indian control) 10,069,917 (includes Jammu, Ladakh and Kashmir under indian control) Leh, Kargil India
Siachen 2,600 km²[18] (inhospitable terrain:no permanent native population) - India
"Azad Kashmir" 13,297 km² 4,000,000 (estimated) Muzaffarabad Pakistan
Northern Areas 72, 496 km² 1,500,000 (estimated) Gilgit, Skardu Pakistan
Shaksam valley 5,800 km² Sparsely populated - China
Aksai Chin 42,685 km² Sparsely populated - China

China-Aksai Chin

PoK does not include the territories of former princely state of Jammu and Kashmir that is presently under Chinese control, Aksai Chin.

Jammu and Kashmir

The areas of former princely state of Jammu and Kashmir that is presently under Indian control is called as the state of Jammu and Kashmir, which is further subdivided into Jammu plains region , Kashmir valley region and Ladakh plateau region

References

  1. ^ http://www.thaindian.com/newsportal/india-news/extensive-development-in-j-k-in-comparison-to-pok_10036194.html
  2. ^ http://www.jammu-kashmir.com/archives/archives2005/kashmir20050804d.html
  3. ^ http://www.jammu-kashmir.com/archives/archives2005/kashmir20050804d.html
  4. ^ http://www.dailypioneer.com/columnist1.asp?main_variable=Columnist&file_name=cherian%2Fcherian245.txt&writer=cherian
  5. ^ http://www.jammu-kashmir.com/archives/archives2005/kashmir20050804d.html
  6. ^ http://economictimes.indiatimes.com/News/PoliticsNation/Look_at_PoK_before_asking_for_azadi_BJP_to_separatists/articleshow/3409563.cms
  7. ^ http://economictimes.indiatimes.com/News/PoliticsNation/Look_at_PoK_before_asking_for_azadi_BJP_to_separatists/articleshow/3409563.cms
  8. ^ http://www.jammu-kashmir.com/archives/archives2005/kashmir20050804d.html
  9. ^ http://www.dnaindia.com/report.asp?newsid=1186005
  10. ^ http://www.jammu-kashmir.com/archives/archives2005/kashmir20050804d.html
  11. ^ http://economictimes.indiatimes.com/News/PoliticsNation/Look_at_PoK_before_asking_for_azadi_BJP_to_separatists/articleshow/3409563.cms
  12. ^ http://www.expressindia.com/latest-news/ltbgt-JampK-better-than-PoK-say-Euro-MPs-lt-bgt/294696/
  13. ^ http://economictimes.indiatimes.com/News/PoliticsNation/Look_at_PoK_before_asking_for_azadi_BJP_to_separatists/articleshow/3409563.cms
  14. ^ http://www.expressindia.com/latest-news/No-point-to-keep-India-Pak-CBMs-intact--Rajnath/354551/
  15. ^ http://www.americanchronicle.com/articles/51852
  16. ^ http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=1870b5e2-beac-42f8-bece-46a1f3dccfe9&ParentID=c011debf-bfdf-4ecc-8bd7-ad5011b76d41&&Headline=LeT+militant+surrenders+at+LoC
  17. ^ http://en.wikipedia.org/wiki/Jammu_and_Kashmir#cite_ref-imperialgazetteerkashmir_39-7
  18. ^ http://www.time.com/time/magazine/article/0,9171,958254-2,00.html

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