Saturday, November 9, 2013

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
dayasagarIn 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.
( * Daya Sagar is a Sr coloumnist of Kashmir affairs and a social activist  dayasagr45@yahoo.com).


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