How
long Displaced Families from Pakistan Occupied Areas of J&K would be made
to wait for return
By
Daya Sagar
May
be 25 to 30% of the total population of
J&K is today living in distress, neglect and in uncertainties in their own county. But their
agony has, if not been overlooked, been atleast left uncared for.
No
doubt Indian state of Jammu & Kashmir , a Princely State of British Empire
(British Indian Empire), as it existed in August 1947 have been drawing the
attention of all those who are concerned
for the affairs of India but it is not only since 1990 (after migration
from Kashmir Valley) that J&K State and her people have been the victim of
circumstances, it has been right since 1947.
The
agony started with the 1947 Partition of
India and then it was due to Pakistan sponsored so called tribal attack in
October 1947 on J&K. The onslaught
still continued thereafter in the form of disturbances along the international
borders (IB) as well as Line of Control (LOC)
followed by 1965 and 1971 Indo- Pak wars. And then followed open
onslaught in 1989 by militants / separatists under the influence of the
separatist ideologies and migration took
place from Kashmir Valley ( more than 95
% of the Kashmir Valley migrants comprised of local Hindu of J&K ).The far flung areas of Jammu
Region adjoining Kashmir Valley were also simultaneously ( 1990) affected by
militancy but it was only the migration from Kashmir Valley that had been made
to draw more of attention and care.
Almost all the Hindu
population was displaced from Pakistan Occupied Areas (
Mirpur, Kotli, Deva Batala, Bhimbar,
Muzaffarabad, Gilgit, etc) of Jammu
& Kashmir State in 1947 Sept -Oct /
November onwards due to Pakistan aided /
sponsored/ tribal attacks. There was hardly any displaced family that
had not lost a family member during the onslaught. Sheikh
Mohammad Abdullah, the then Prime Minister of J&K in 1950 named the
uprooted local people of J&K as Displaced Persons vide order No. 1476-C of
1950 dated 16.12.1950 while those who
had left Jammu & Kashmir and gone to Pakistan ( West Punjab) on their own
were termed as migrants. This clearly shows the graveness of the conditions
under which these people had to leave POJK.
But
the neglect of
these families could be well assessed from the fact that so far neither
Government of India nor Government of
J&K has initiated any process even
for their regular registration and for
their number count but to talk of providing logical socio- economic support . Secretary
to J&K Government ( Rehabilitation -1974 Department ), Jammu in response to
views sought vide communication No. RS5 (18)/78-Com. II dated 27 July, 1979 by
a Rajay Sabha Committee on Petitions (
Persons uprooted from Pak occupied areas of J&K State ) had Vide letter No. RAHAB-9/II/79 dated
27.11.79 summarised that (a) a large
number of DPs went out side J&K State and out of those who remained within
the State a large number joined the Camps when those were established (b) there
was no agency to register these refugees immediately on their entry into the
State (c) there
was no formal; registration of these DPs and the only considered
registration is declaration forms filed in response to notice( by GOI) inviting applications ( only from those
families who had moved out from POJK areas during Sept 1947 – Dec 1950 , those
whose income was less than Rs.300 /pm and those whose head of family too had
moved out along with family) for ex gratia grant (1960). The number of total applications
received was 31696. So strangely inspite of all this as per note furnished by Ministry of Supply
and Rehabilitation (Department of Rehabilitation) GOI in 1978 to a Rajya Sabha
Committee on petitions ( as made by Late Bachchan Singh Panchi on behalf of
Jammu Kashmir Sharnarthi Action Committee ) it was conveyed that as a result of
Partition of the country followed by subsequent Pakistani aggression about
31600 (about 135000 persons) families had left their homes from Pak occupied areas
of J&K. Where as no public notice has been issued for registration on all
India basis.
These
people have not been even given any claims for their properties left behind.
These people belong to the Category
of Permanent Residents of J&K as per
Section-6 of J&K Constitution. As per unofficial estimates may be about
45000 to 50000 families had to run for their lives in 1947, some found shelter in Jammu Province / Ladakh
region of J&K and a large number
also went to other Indian States.
Many
of them were not able to carry even their personal documents with them and had
remained occupied with horrific memories for atleast about 3 decades before they could even think of making some
demands and providing future socio-
economic security to their families who have been all these denied even claims
of their properties, left behind, by GOI suggesting that the POJK areas will be got vacated and
POJK DPs will be honorably return to Mirpur, Muzafarrabad and like
areas. But it has never happened even after Indian Parliament passed a
resolution on 22nd Feb 1994 for getting the POJK areas vacated from
‘Pakistan’. Instead it was in 1972 that some more area in J&K had been
handed over to Pakistan ( Chamb).
Due
to continued uncertainty education of
POJK DPs 1947 suffered, they fell back in employment / trade/ higher education.
No special / regular support for trade / education/ employment has been
provided to these ‘Permanent Resident’ /State Subjects of J&K all these
years. They are told by GOI in case property claims are paid , India can lose
claim on POJK areas. For property
and material that would cost Rs.1000 in 1947 the compensation would be atleast Rs.3 to 6 Lac in 2013.How long POJK
Displaced persons can wait. Three generations have suffered. May be at today’s
scales atleast on average Rs.50 Lac/ family will have to be paid as adhoc grant
in aid for properties lost and another around rs.25 Lac to compensate for
delayed payments / attention. The first recommendations made by Joint Rehabilitation
Board headed by Major General Tara Singh
Bal having on it as members of
State Government Authorities for land measuring 12 acres Abi/ 18 acres Khushkee
could be one of the indicators for the
purpose.
Going
by a likely number of 45000 families ( although no regular registration has
been got done by State or central Government )
in 1961, the number of such displaced persons may be in 2013 atleast
around 6 to 7 Lac souls or equivalent to
over 110000 families. ( 45000x5 *1.25*1.25 = 70312 familiesx5 = 351562 soul in 1981. And going by 1981and 2011 census
figure ratio the population could be taken
in 2011 as
atleast <12500000>x70312 families x5 = 542533),
Many
of them including some from amongst those who went to other Indian states did
not get their Permanent Resident Certificates made since they had left all their property /
other state subject documents back in POJK while fleeing for life. Hence some
of them inspite of being subjects of the then Princely State of J&K are not
able to get JK Government Jobs, buy property in J&K and even admission in
State Government run professional colleges.So, in case the registration process
is started now, may be due to delay in
registration or their having fled for
life in 1947, the needed documents may not be available with some DPs. Government will have to find
alternatives including getting their
particulars from POJK. The oldest organisation of these people ( J&K Sharnarthi
Action Committee ) has submitted a
memorandum Prime Minister of India through Divisional Commissioner Jammu
on 25 June 2013 where in among other
things it has been demanded that the
areas of J&K in PJOK should be
specifically mentioned as within the
jurisdictions of Divisional Commissioner Jammu and Divisional Commissioner Kashmir so that POK DPs who have to obtain Permanent
Resident Certificate / PRC ( including
those who may have lost during turmoil/
their elders may have gone for bread earning out side J&K ) can
apply to Divisional Commissioner Kashmir or Jammu. Among other things
keeping in view the delayed economic
rehabilitation, delayed grants, delayed compensation and horror under which POK DPs had remained
from 1947 to 1960 ( rather till ) 2013, special concessions be given to POJK DP
families in education, employment and trade finance for atleast 10 years now
onwards.
A
Joint Rehabilitation Board headed by the then Major General Tara Singh Bal having on it as members of State Government Authorities had recommended land measuring 12 acres Abi/ 18 acres Khushkee
for the DPs but even that was not given to the affected agriculturalist
families. But even the lands at reduced scale ( 2-3
Acres Abi / Irrigated and 4-6 Acre
Khushki / un irrigated ) have not been given to all. It is unfair on the part
of government to pay the Cash Compensation for land deficiency not at the present market rate but @ meager
amount of Rs. 25000 per Kanal (as was
decided in 2008 ) with max limit like Rs.1.5 Lac. The deficiencies may have to be fulfilled
keeping in view the first proposals of Joint Rehabilitation Board headed by
the then Major General Tara Singh
Bal had recommending land measuring 12 acres Abi/ 18 acres Khushkee.
Similarly the decision taken in 2008 to pay Rs.2 Lac to those who were not
given plots in urban areas is very
illogical. The amount need be increased to cover the cost of lands in urban
areas & construction of residential house in 2013.
So,
GOI must immediately issue a notification to register them and their property
claims. Rather a POJK DPs Welfare Commission need be appointed to do all data
base exercises and workout immediate adhoc compensations.
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