A Look through the mist
West Pakistan Refugees were
allowed to stay on State lands in 1950s but cannot join J&K State
Services in 2013
By
Daya Sagar
In
addition to a large number of State
Subject families ( now known as
Permanent Residents of J&K ) of the Indian Princely State of J&K who
were displaced from the Pakistan
Occupied areas of Indian State of J&K ,
in 1947 and after 1947 a large number of refugees crossed over into
J&K from West Pakistan areas under the
pressures of partition of India.
They were accommodated and given shelter by Maharaja Hari Singh. The
J&K Government granted them rights to even hold the agricultural lands out
of the evacuee properties and the state / other lands in J&K in 1954. Known as West Pakistan
refugees no doubt they are citizens of
India , are allowed to conduct their normal trade activities, they are allowed
to vote in Parliament Elections , they can secure employment in Government jobs
other than under J&K Government , were
entitled to receive the claims for the properties as refugees .
But
since they were not granted the status of Permanent Resident of J&K by Maharaja on their entry in J&K or by the J&K Government thereafter under section -6 of J&K Constitution even after 66 years they can not
vote in J&K assembly election, they can not join J&K government
service, they can not buy property in
J&K . Almost all the refugees from
West Pakistan are Hindu and a large
number belongs to backward classes.
Maharaja
Hari Singh ( before 1947 ) and State
Government after 1947 had / has granted
PRC ( State Subject) status to some people
as special case. It is not out of place
to mention here that Government of Jammu & Kashmir vide Notification No.578-C 0/5
1954 of 7.5.1954
( State Cabinet’s decision No.
9578-C of 1954), had allowed the
lands occupied by West Pakistani
Refugees to be possessed and cultivated by them. But the West
Pakistan Refugees staying in J&K and even cultivating lands in J&K for over 6 decades have not
been still granted rights as Permanent
Residents of J&K although there is
provision in J&K Constitution where in the conditions for qualification as
PRs of J&K can be redefined .
Most
of the West Pakistan refugees allowed to stay in J&K were already from
socially, educationally and economically backward segments. Over the years
their backwardness has further grown. Their elders express their agony by
saying that many of their children/ youth has lost interest in studies / education since being
outside the category of Permanent Residents of J&K they can not get jobs in J&K Government , nor can they
acquire professional education by
joining government run institutions in J&K. They do not find any scope for
them to become doctors / engineers/ advocates / professional since they can
afford to pay the hefty fee to privately
run professional colleges.
Hence
the West Pakistan refugees in J&K have
fallen back in terms of all known
indicators of development ( education, quality employment and like ) that could
be applied in a democratic country like
India.
It
has been learnt that Honourable SC Court
of India in its judgment on a Writ Petition No. 7698 of 1982 decided on
20.2.1987 ( Bachan Lal Kalgotra Vs. State of J & K in (1987) 2 SCC 223 )
observed that in the circumstances, in
view of the peculiar constitutional position obtaining in the State of Jammu
& Kashmir, we do not see what possible relief we can give to the Petitioner
and those situate like him. All that we
can say is that the position of the Petitioner and those like him is anomalous
and it is up to the legislature of the State of Jammu & Kashmir to take
action to amend legislations, such as the Jammu & Kashmir Representation of
the People Act, the Land Acquisition act, the Village Panchayat Act, etc. so as
to make persons like the Petitioner who have migrated from West Pakistan in 1947 and who have settled down in the
State of Jammu & Kashmir since then,
eligible to be included in the electoral roll, to acquire land, to be elected
to the Panchayat, etc. etc. This can be done by suitably amending the
legislations without having to amend the Jammu & Kashmir Constitution. In regard to providing employment
opportunities under the State Government, it can be done by the Government by
amending the Jammu & Kashmir Civil Services, Classification, Control and
Appeal Rules. In regard to
the admission to higher technical educational institutions also, the Government
may make these persons eligible by issuing appropriate executive directions
without even having to introduce any legislation. The Petitioners have a justifiable
grievance. We are told that they
constitute nearly seven to eight percent of the population of the State of
Jammu & Kashmir. Surely they are
entitled to expect to be protected by the State of Jammu & Kashmir. In the peculiar context of the State of Jammu
& Kashmir, the Union of India also owes an obligation to make some
provision for the advancement of the cultural, economic and educational rights
of these persons. We do hope that the
claims of persons like the Petitioner and others to greater rights of
citizenship will receive due consideration from the Union of India and the
State of Jammu & Kashmir. We are,
however, unable to give any relief to the Petitioners”.
So,
there is all justification to provide
Permanent Resident rights to 1947/48
refugees from West Pakistan ( West
Punjab) and for modifying the civil service rules
as well as issuing executive
orders concerning admission in technical / professional institutions run by government for those
who were allowed to stay in J&K (by fixing a cut off date). Some of their
leaders place their population around 2-3 Lac.
As
per some other quotes there were about 5000 to 6000 such families in
1947/1950 and by that standard they
might have grown to atleast about 13000 to 15000 families by this time.
Any
how the only question that needs to be addressed first of all is to
grant them Permanent Resident of J&K status ( for that there exits provision in J&K
Constitution in sections like Section-9
) by amending the qualifying conditions
for citizens of India to get into the category of Permanent Resident of J&K and issue orders
concerning services in state government & admission in technical
institutions as has been also advised by the Hon’ble Apex Court.
For
most of the period till 1980 it has been Congress that held ( indirectly and directly) the
Government in J&K and also held large
majority in the Legislature. But still justice was not done to these
unfortunate socially, educationally and economically backward Citizens of
India. Atleast executive orders could
have been issued by the government. Even National Conference that held 2/3rd
majority in Legislature in 2006 did not do so for those who had been staying on
state lands for about 5 decades under proper sanctions.
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