A Look through the Mist

Terror affected   and those under threats for forced exodus people in  Indian State of J&K

By

Daya Sagar

Jammu and Kashmir Chief Minister Omar Abdullah has very plainly advised GOI  something like suggesting that the solution to what is happening Kashmir valley does not lie in  goodwill gestures like sanction of infrastructure projects or employment  generation  programmes  but in ‘political solutions’ to Kashmir issue. Ofcourse he does clearly spell out what political solution within Indian constitution would satisfy the separatists and the ‘new generation youth’ whom he can not stop from identifying with Afzal Guru.   So as regards the return of  Kashmiri Migrants  with honour and social security it is not the infrastructural projects or increase in summer Kashmir Valley tourism that  need be given priority. The need is for checking the growing ideological  pollution and check those who have been cultivating more of doubts and anti -opinions   in Kashmir Valley even after 1990. There is utmost need to draw a very clear line between the anti India ideologies / demands  and the Kashmiri aspirations with in constitutional frame work since at occasions it becomes very difficult to draw line between the separatists and mainstream parties the way some mainstream party leaders question India Government, even Indian Nation. Unless the questions are answered  in an unbiased manner it will also be unfair to accuse the Kashmiri valley youth who may be getting carried with those who question India. Unless it is done it will be unfair to ask Kashmiri migrants to return to Kashmir valley just for taking employment or make use of some financial help for house construction since they have to have a HOME and simply a house in Kashmir Valley.

The plight  of the Hindu Migrants belonging to Kashmir valley  who were  made to run for life  in 1989 added a new chapter in the agony of displaced people of Jammu and Kashmir . Majority of the Kashmiri migrants 1989 are local Hindu. They are out of their homes for over 23 years. Return of the Hindu migrant to Kashmir Valley with honor and safety  has not been  given the first priority by either government, where as it should have been kept above all other  project proposals. Construction of permanent multistory pucca colonies for Kashmiri migrants  in Jammu ( Jagti)  or  transit camp colonies (Migrant transit camp at Vesu in south Kashmir’s Anantnag district )  in Kashmir valley has  not so far done any good to the ‘ project return of Kashmiri Migrants to Kashmir Valley’ , instead such programmes have so far  sent wrong signals to the  new generation of Kashmiries back home in  Kashmir Valley  and international community  suggesting that India has lost control over Kashmir valley and it is only the writ of separatists that prevails there. Such impressions need be wiped off.  The unfortunate  people from Kashmir valley  (affected directly or indirectly due to  militancy)  would be any where  from 50000  to 60000 families ( 2.5 to 3 Lac people). Local Kashmiri migrant  leaders place the total population  from 300000 to 700000.

In addition to local Kashmiri Hindu , some  families   comprising Hindu ,Muslims , others  who did not have status of  Permanent Resident  of J&K too migrated from Kashmir valley after 1989. So strangely they have been denied relief like other Kashmir valley migrants by State Government. Central Government too has not taken notice of this till date.

Militancy affected people have not been only in Kashmir Valley.

In addition to migrants from Kashmir Region a  very large area and population even in remote areas of  Jammu Region  have been under the pressures / threats of militants right since 1990. Many people of these  remote areas  depend on the forest  / pastures for their livelihood and comprise of   gujjars, bakerwals, gaddies  and the like   more exposed to physical  dangers from the militancy. No doubt the Hindu there is more distressed and scared but  even some muslim majority pockets in the remote areas of Doda, Kishtwar, Udhampur, Rajouri, Poonch, and like are  helplessly living there  uncared over last 2 decades for being  educationally/ administratively/ economically  the weakest. Some people ( including muslims ) may not be moving out from these areas since  they may not be hoping for better economic activity  and care outside. Some of them did flee from their homes / migrate to other areas  but since they were poor, illiterate, lesser educated, non government service class they could not project their plight. It was on 9th March 2006 that National Conference MLC, Bashir Ahmad Naaz pleaded on the floor l for granting migrant status like Kashmiri Pundit Migrants, to residents of Doda, Rajouri and Poonch . Naz went to the extent of saying that despite Court direction the migrants of these areas have not been treated fairly. The protests and demands are still being heard even in 2013.

What is the total number of Terrorism affected people in the Jammu region of J&K State  is not known. How many people migrated from militancy affected areas or due to militant threats  from areas in  Jammu    Region  after 1989/1990  or how many migrated families  went back  is not  known .  How Many Families are still migrant  could be another question.

As per reports  on  14 August 1993; Militants Hijack bus no;  JKU 2003  from Sarthal morh ( Kishtwar ) and massacred 16 innocent passengers. { Sham Lal  Tagod,  Dharminder of chingam, Anu Kumar of Palmal, devi dayal and Dharam Chand of Barkoot,  Shiv Kumar of Shalimar road Jammu,  Balwant sing hog Palmar, Rishi Chand of jammu,  Prem nath of          Kuntwara,  Rattan lal of   Udhampur, Suresh Kumar of Subash Nagar jammu,  Jia lal of Mulchitra, Bansi Lal of Kishtwar       and 4   others.

A large number of people  from Doda district had migrated to Chamba    ( Himachal Pradesh) in  April May / June      1994  and it was only after the Inspector General Police Jammu and Divisional Commissioner visited them in first     week of June 1994 that they returned . What rehabilitation package they were given could be still a question.

These incidents are quoted here just to show that many areas outside Kashmir Valley too got hit by terrorist culture at the times when Kashmir Valley was hit.

 People  from some  districts of Jammu Region had to   migrate  from their homes in remote areas and but they later         returned to their homes. It has been alleged by   some that since they were not looked after by the government they          returned  to their  areas. Any how, may be  the  allegations against the government are false. Was any relief package           given to such migrants for  return ? If so, what was the value of that  government  must make it public.?

There is no separate department created  by J&K Government or GOI for looking after the needs of the militancy affected  of   Jammu Region  like Relief  Commissioner ( Kashmir Migrants).

 No. of widows, students who had lost their parents, no of  totally  disabled persons waiting for rehabilitation, number of           students who abandoned their schools and  women who lost their honor   due to terrorist acts  in distant areas of   Doda          ( Kishtwar, Ramban), Udhampur   ( Reasi), Kathua , Rajouri, Poonch  may not be less.  Still the people of the    region       have      been complaining that are not paid relief equivalent  to Kashmiri migrants.

It has been given to understand that inspite terrorist threats / militancy  many people of distantly     placed / remote areas of Jammu Region have not moved out of their areas  and  have instead dared to stay back since they expected  no          support from Government  like that given to Kashmiri migrants.  No   special assistance been given to people of  militancy affected areas of Jammu Region as regard  education, employment, agriculture, horticulture, trade etc.?

Earlier also these distant and remote areas have been facing all round economic neglect and after 1990 discrimination with the militancy affected people has added to their woes. It could be said that earlier it was the case of POJK DPs .- Now it is the case of Victims of Migration in Jammu Region. The number of such people, directly or  indirectly affected due to militancy  but staying in their homes  could surely be not less than another 5 to 7 Lac, 

So in view of the  continued disturbances ,that people in J&K have since 1947 lived in, and the  prevailing conditions there is a need for constituting a  separate Migrant Relief and Local Area Welfare Board / Commission  for Militancy affected People of Jammu Region in addition to the  existing  Relief commissioner Migrants ( Kashmiri ).

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

A Look through the mist

Agonies of The 1965/1971 Refugees from Chamb and those living on LOC/IB   have not ended yet

By

Daya Sagar

All most all people from   about 12 to 14   villages of Chamb  Distt Jammu ( J&K) were   uprooted  in 1965 from Chamb and  people of  all the villages of Chamb (about   46 to 48villages  of Chamb ) were in a way asked  by GOI  to vacate their  homes / lands  in 1972 after Shimla agreement was signed by India  with Pakistan  after 1971 Indio Pak war. As per rough estimates  and information that has been emerging from Government sources  nearly 6500 to 7000 families were uprooted / affected in 1971/1972.  Of these ( 1971 War ) around 4600 families  comprising of nearly 19000 souls were accommodated in relief camps and  nearly 1600 to 2000 families  were treated as Non Camp  DPs 1971  The affected people  say that numbers are  much more.

How much human and physical damage these people have suffered has yet to be evaluated in a regular manner. The issues as regards the land allotment to agricultural families  and making good the less allotment by additional lands / cash compensations  as well as the demands of the urban families  have not been yet disposed to the satisfaction of these families by GOI/ State Government .

Government must on priority draw out  data on the  number of families  & population in 1971 and 2013 so that there are no confusions.

These families were made refugees in their own contrary  in view of the policy decision of GOI and hence they deserved  special rehabilitation , employment  and education packages but no such  steps were taken neither GOI nor J&K Government .

Rather there existed all justification to  bring them under backward class status  because  from 1947 to 1971 they lived in continuously disturbed conditions due to  Pakistani violations  of ceasefire along IB/LOC   and in 1971 they had been  made refugees under the policy of the Government. But no socio economic support has been given to them and hence  their social/ administrative/ educational/ economic backwardness has  further grown after 1971.

As per the information available  it was decided by government to provide lands  to rural agriculture families  at a uniform rate of  4Acres Abi land and 6 Acres of khuski land  . What  has been the basis for  fixing such scale uniformly  is not  known. Another question is of one time compensation for the properties left behind by them. Even the land deficiency compensation on the basis of scales mentioned above where ever extended has been totally unrealistic ie. far far less than the market rates of lands .

The urban families  were  not atall treated fairly. Government must make public what has been their total number and what one time  financial assistance  has been  provided  to them in 1970s / what regular monthly has been given to them.

The government has  treated the Chamb refuges under two categories  ie  Camp DPs and  Non Camp DPs. This classification has not been simply on the basis of their stay after the 1972 Shimla Agreement in J&K  but the classification in a way has been more to deny  even the marginal benefits  and support that  government claims to have given to the Camp DPs 1971.

Government of India must make public if any assessment been made of the properties left behind in Chamb Refugees ( Non Camp  DPs of 1971     and  Camp DPs of    1971 separately ).

In 1999 Government  of India did  set up a committee head by  Mr. R.D .Kapoor  Addl Secretary  in MHA  for looking into the grievances  of  all categories  of refugees/ displaced persons in J&K . Those the committee had rushed its exercise  and the recommendations  did not satisfy the  suffering  people but  even   the  half  recommendations made by the Committee in 2000 were   adequately  taken care .Some Non Camp DPs  ( they too  had lost their lands/ houses / assets ) are said to have  objected   for their not being even at par  with camp DPs .

Inspite  of the 1965 /1971 Chamb  Refugees  having been made to  leave their  homes  under a GOI policy  still inspite  of  there being all justifications  for providing  sponsored admissions / reservations   to their  children  in private and Government   educational     institutions   like Kashmiri Migrants  of 1990 no such support has been extended. 

J&K  Government  did appoint a Cabinet Sub Committee head by J&K Finance Minister  to look into the proposals and demands like  enhancement of ex gratia of Non Camp DPs  but  such issues are still pending.

It is also   said that there were  some labour class  refugees  in 1971/72    and they have been the worst sufferers.

It has  been understood from some sources that  GOI has asked State Government to submit special package  proposals concerning the  Chamb DPs of 1965   and 1971 .  It could be only wished that such proposals would sent soon  and  after that the  refugees are also heard  before  making final orders.

Some  poor  1971/1965 refugees have  alleged that they have been  allotted   bad lands and in some cases  in small pieces  scattered  over  different areas .

So, after the 1971 Indo Pak war under an arrangement some areas of Chamb ( Jammu District of J&K) were in a way permanently surrendered / handed over to Pakistan by India in 1972 after Shimla Agreement. The Chamb population that was dislocated  from Chamb as refugees even after many years of 1947 Accession  have not been adequately compensated. There is utmost need  for constitution of a  Commission also  with members from Civil society and Chamb refugees  to draw out the socio Economic compensations, assistance and preferences that need be given to Chamb Refugees. 

In addition to this the people residing along LOC / Borders in J&K ( Samba, Kathua, R.S Pura, Akhnoor, Nowshera, Rajouri, Poonch, Uri, Kupwara, Kargil, etc)  have all these years been leading a disturbed life  and  often moving  back & forth. Although some concessions  are there but these people  need be properly rehabilitated and given special  support  through  preference in education, government services as well as economic assistances. Their agriculture has remained badly affected even after 6 decades of States accession with India. The fear of regular dislocations due to firing on LOC/ borders the education of the children has  badly suffered. Their economy has remained  depressed. Their administrative backwardness has further grown since the wards of economically weaker families amongst them could not acquire  higher and professional education inspite of there being some reservations in the name of LOC reservations. In brief there is utmost need for constitution of a  Commission / Board/ Commission for assessing their socio- economic   and educational needs  ; for extending the economic  and professional support like scholarships, loans etc , for trainings & placements  and such like issues since unless the Pakistani guns are not made to silence they will  remain disturbed.

The number of population affected by disturbances along LOC/IB, displacements in 1965 and 1971 and refugees from Chamb area  could be not less than 10 Lac

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

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 2/3^rd 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).

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 22^nd 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.

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

Have Abdullahs come under the pressures of Mufties in Kashmir valley ?

A Look through the mist
Dr Farooq Abdullah had quoted ( 11-06-1999 the day Farooq inaugurated Bahu Plaza at Jammu ) an old elderly person having told him while in Kargil on 10.06.1999 , “Udar jana hai aur apni territory baapsi laana hai". As regards problem with Pakistan he said,” "We do not want war but in case Pakistan is bent upon not mending her malafide war will be there" and "Iss Baar Koi Haji Peer bapis nahin denge, LoC-LoC-Kush Nahin rahnewali, ab ki baar jang hogi toe kush bapis nahin denghe". And the same Dr. Farooq Abdullah on 12th April 2009 was quoted as having told the media persons at his party headquarters :: “It is important (for India) to resume talks with Pakistan. India has no other option but to resume the process for settlement of Kashmir and other issues without any pre-condition,” Dr Abdullah saying that India has no other option but to resume the process for settlement of Kashmir and other issues without any pre-condition surely points towards compulsions before Farooq Abdullah in view of the social and political environment that has emerged in Kashmir valley in 2009.
Addressing his workers at Srinagar Mufti Mohd Sayeed was quoted as having said on April 6 said “We all know what happened in 1987 when Syed Muhammad Yousf Shah, who had contested the elections, became Syeed Salah-ud-din (the supreme commander of prominent indigenous militant outfit, Hizbul Mujahideen, and chairman of the United Jihad Council, a conglomerate of more than 20 militant groups. I fear return of 1987 and 89. Almighty Allah should save us from such a situation . I ask them ( GOI) not to sacrifice long term goals for short term gains. When the situation becomes volatile in Kashmir, the government insists that Kashmir issue needs to be solved. But when peace returns, the issue is shelved,” No doubt some experts may like to dispose the uttering of Mufti Mohd Sayeed as simple Lok Sabha and Assembly by-election campaign compulsions. National Conference candidate for Hazratbal assembly constituency, Dr Mustafa Kamal nomination paper episode did provide some working tools to Mufties on 22nd April against the trueness of election process. An unhealthy environment/ ground for debate has been created after Election commission said on 23 April that a fresh notification for election would be issued later.
But keeping in view that Mufti Mohd Sayeed has remained a senior Congress leaders, a Union Home Minister in VP Singh Government and Chief Minister of Congress PDP coalition government in J&K his words can not be taken so casually particularly when he has talked of “Solving Kashmir Issue” because the common people of Kashmir Valley takes all these opinions very very seriously. More particularly the impact that the on going militancy has left on the common minds in an environment where all pro 1947 Accession of J&K with India and anti Pakistan elements have been playing a second fiddle role in the local lanes of Kashmir valley for last nearly 20 years has to be noted with serious concern.
The Kashmiri Hindu migrants have not gone back to their lands even after 20 years. Rather none of the Migrant organization has put any meaningful pressure on the government for engineering their return. Instead long term projects are being taken up by the Government for construction of permanent multistory buildings for allotment to Kashmir migrant . Extra ordinary concessions in taxes, fees, education, postings, employment, leave salary, relief etc that are being extended to Kashmiri Migrants ( to be specific Kashmiri Pundits ) have rather strengthened the belief of the new generation Kashmir Youth of after 1989 days that surely there is some dispute over accession of J&K with India that requires consideration.
It has been learnt that in nineties the registration ( with Relief Commissioner Migrants Jammu ) of Kashmir valley Migrant families had crossed 50000 number and the same was cut down to near 32000 units through audit and cancellation. It has been reported that a good number of new migrant cards / registrations have been made during last ten years. If it is true , it means that migration has taken place even after early 1990s . Or false migrant cards have been made by those who have not migrated in 1989/90 simply for the sake or relief and other benefits on compassionate grounds. On the other hand neglect of those who have been crying for assistance and relief for having migrated from the remote militancy affected areas of Udhampur / Doda/ Rajouri in Jammu region too raises doubts about the claims of GOI over Kashmir valley when the migrants from DODA / Rajouri / Udhampur ( what ever small may be number ) and Kashmir Valley are not treated on equal grounds. In a way it also unduly lowers the goodwill of Kashmir Muslims since the Hindu in India may get an impression that it is only the Kashmiri Muslim who do not treat the Hindu worth having right over the lands of Kashmir valley. Such like impressions if allowed to carry on would surely be an injustice to the truthfulness of Kashmiri muslim. All well meaning people of J&K do object to such approach. It only reduces the goodwill of India before the innocent Kashmiri locals.
Persons like Syeed Ali Shah Geelani have been left unchecked to name the Security Forces as “Killer Troops”. So the Kashmiri youth in thirties is sure to misunderstand the intentions of India.There is utmost need to be frank and seriously acknowledge the ground realities as on date since enough damage has been caused due to non serious handling of so serious a turmoil that erupted in Kashmir Valley in 1989.
The other important turnaround in J&K politics has been the compulsions and weaknesses that are reflecting from the actions / steps Dr. Farooq Abdullah has taken particularly since December 2008. Sheikh Mohammed Abdullah has always enjoyed a choice status in 1947 and even there after before New Delhi. Even Dr. Farooq Abdullah has in the past lived to his status and never appeared under breaking stresses. He has touched the heart of people from all religion & regions and has been an acknowledged tallest leader of not only Kashmir Valley but of whole of J&K. But since December 2008 he is appearing to be under heavy pressures. Even his party appears to be under pressure. National Conference contested the 2008 Assembly Elections projecting Dr. Farooq Abdullah as the next Chief Minister J&K. It is a common whisper in the streets that National Conference has betrayed the people under pressures from Congress inspite of having won over 10 seats more than Congress in assembly Elections. It has also been inferred that National conference feared a possible PDP lead Government in case NC did not play inferior to Congress and NC was desperate for returning to power. Dr. Farooq Abdullah had so far held very very firmly to totalness of the 1947 Accession of J&K with India . Where as Mufti Mohd Sayeed has openly pleaded for resolving Kashmir issue ( since he says Kashmir issue has to be resolved and the issue as per him is not regarding center state relations or for sharing of the tax revenue) and has in a way disowned the totalness of 1947 Accession when he suggests dual control of India and Pakistan on some affairs pertaining to Kashmir and the use of both Indian and Pakistani currencies in J&K ( not all parts of India and Pakistan ) . Mufti has given impressions to a common Kashmiri that he sees Kashmir turmoil having its core in Kashmir affairs of international significance. So under the circumstances prevailing in Kashmir Valley Mufti Mohd Sayeed and his PDP appear to have put National Conference and Farooq Abdullah under stress.
The worries of National Conference reflect from (i) Dr. farooq Abdullah contesting assembly elections from two places ( Hazratbal and Sonwar) (ii) Dr. Farooq resigning as MLA from both seats and contesting for Rajay Sabha Seat. People were hoping that he would work for solving their problems and instead, Abdullah entered the Rajya Sabha. (iii) Congress candidates Azad and Soz winning Rajay Sabha seats uncontested where as “TALL” Farooq Abdullah had to contest (iv) National Conference has been “labeled” as a regional party representing only Kashmir valley since it is contesting 3 seats of Lok Sabha only from Kashmir Valley and Congress has secured broader image by contesting all the 3 Lok Sabha seats from Jammu and Ladakh regions. Rather NC has been pushed in the corner as a sure Kashmir centric party (v) and above all NC was forced to field Dr. Farooq Abdullah ( member Rajay Sabha ) as a candidate for Lok Sabha 2009 from Srinagar seat. It reflects weak National conference with no other leader to contest PDP.
Mufti’s PDP appears taking lead over National Conference in Kashmir valley . Signs of internal rivalries within NC too are emerging. .There appears no concrete political and economic agenda for governance. Public cynicism appears to be growing. Those who voted in 2008 are disappointed and illusion is brewing. Farooq Abdullah will have to hold the reins.
*( Daya Sagar is a Sr Coloumnist on Kashmir affairs and a social activist dayasagr@yahoo.co.uk www.alookthroughthemist.blogspot.com)

How to decide which CANDIDATE to VOTE for

by
Daya Sagar
The other day during an awareness programme a student of a local college asked, “ Sir, it is true that we should vote for a good candidate during elections to Lok Sabha or Vidhan Sabha , but question is how to find out the best candidate out of the lot ?” The question appeared so simple but surely it was not so easy to reply. I applied my mind to the question and have identified some key indicators that could be used as reference points. Depending upon the vastness of the constituency the voter citizen can draw out opinions based upon the information immediately available locally, through media, through friends and relations . Ofcourse th educated voter citizen could help other citizens too by providing the information available.
Is the election for Lok Sabha or Vidhan Sabha or a Local body.
Is there any issue under reference of prime national interest to be considered while selecting the party / candidate .
To which political party the candidate belongs :
4. Is the party a national party or regional party or candidate is contesting as an independent:
5. What has been the general agenda of his party in the past; What is the ideology of the party.
6. How nearly the party has in the past stood to its slogans and social commitments:: Compare the performance on earlier manifesto test for likely success of new manifesto
7. How far the party has not used religion/ region/caste for vote bank politics in the past keeping in view the VOTE numbers of community or takes care of even the miniscule communities.
8. What is the level of internal democracy in the party. … Is the candidate selected with the choice of lower level party workers or the candidate has been thrust on the party.
9. Does the party often induct wards of rich people or elite leaders directly at senior positions :::::: how easy it is for a rich /uneducated criminal / anti social element to find a power seat in the party
10. Does the party often encourage defectors from other parties for induction at senior levels or opens its door to habitual defectors. Has the party ever ruled in the past with majority or has been the part of some coalition Government / body…… what has been the behavior and performance
11. Has the party frequently changed alliances…Does the party ignore national issues as a priority over local issues ?
12. What is the educational qualification of the candidate……
13. How often he is found regularly fighting for the cause of poor, backward and educated people before the elections , particularly after having lost an earlier election.
14. Is the candidate free from rigid caste or religion or sect based considerations.
15. Since how long he is working independently or with a party for the cause of the common man.
16. Does the candidate belong to elite class ( materially rich) and if so since when he is moving amongst the masses distantly placed as regards their economic activities / social status.
17. What has been the general impression about the candidate in the locality / area/block/district/region or as you could gather from your seniors or elder members of the society.
18. Since how long the candidate is with his present party. How many times the candidate has changed his party.
19. Has the candidate been in the past with a party that is number one enemy of the present party of the candidate.
20. Has the candidate earlier contested Vidhan Sabha Election, did he win, did he change loyalties.
21. If Contesting for Lok Sabha, did the candidate win a Vidhan Sabha election less than 6 months earlier or If Contesting for Lok Sabha / Vidhan Sabha , did the candidate lose any Vidhan Sabha election contested less than 12 months earlier on same party ticket.
22. Was the candidate in Government service earlier…..did he retire in normal course or took premature retirement ( why)…has he retired in the immediate past or about 2 years earlier. What reputation did he enjoy while in Government service.. Was he/ she ever given premature retirement by the government …….
23. What has been his source of income before filing the application ? … was he tax payer
24. In case the candidate has earlier also remained a MLA or MP, what was his profession and source of income before contesting his first election…what are his present sources of income as well as of his immediate relations/ sons/ wife/ brother .What were their earlier sources of income before he was elected first time
25. How many times did he change a political party in past and why
26. He/ She was a member of which party 6 months prior to his present party…was he a MLA / MP from some other party earlier than filing present nomination as Independent or on a party ticket ?.
27. Has he recently defected from some other party for the reasons of denial of a ticket.
28. Which new businesses the contesting candidate had started in partnership with some other rich people just after one year of his getting elected last time.
29. In case a economically rich candidate aged 40 years or more has joined a political party that has in the past held reins of power , find out what was his/ her general procession for earning money while he/ she was from 25 to 40 years of age.
30. What are the trade practices performed by his / her nearest family members and friends
31. How many family members / first relations / friends of the Candidate are working as regular contractors or supplier to government and what is the reputation they enjoy.
32. How many children / wards related to the candidate were studying in private boarding schools before he first became a MLA or MP…. And how many are now studying in high cost public schools and private professional colleges.
33. What are the agencies / high value contracts / approval for setting restricted institutions/ education institutions the candidate had secured after he became a MLA /MP for the first time.
I would request all those who may like to participate in this exercise to suggest any other reference indicator or any modification in the indicators mentioned above to help a prospective Voter Citizen.
(* Daya Sagar a senior coloumnist and social activists…. Email-dayasagr@yahoo.co.uk www.alookthroughthemist.blogspot.com

A vote cast without serious thought could ruin the future of a billion

The poor / low income members of the Indian society are not sure of any physical or social security. The politicians have successfully inherited the divide and rule game plan from the British. No efforts are being spared to divide Indians in the name of caste/ creed/religion/region/sects. The law and order machinery having lost its bite, the criminals and those corrupting on the social wealth have risen very close to the political masters. The democracy that Indian elders had secured with hard sacrifices now requires even more sacrifice to preserve it.
Most of the Indian people have today lost faith in the Parliamentary democracy. Rather the floor of parliament as well as the legislative assemblies have lost the grace and honour. A common man is often found sermoning that no sensible or respectable person would prefer joining a political party and saying that politics is a dirty profession. Even many literate urban often boast that they do not vote in elections. But it is not wise to leave political affairs of India to those who practice dirty and dishonest code of practice. They are to be either corrected or replaced. Any how in a democracy unless one cares for others he will not be safe. A vote when cast without serious thought could ruin the future of a billion Indians. And a wisely cast vote would make India strongest of all.
All well meaning people must not stay on the side lines. Rather they should come forward.
India is no doubt the largest democracy of the world. Indians wrote a Constitution them self for their own use. The Constitution has gone through nearly a century of amendments since 1950. One would not see quarter the number of cycles in a street in 1970s as the number of cars one would see parked in the streets in 2009.The number of schools, colleges and the hospitals has grown faster than the population. The production of food grains, milk, fruits, vegetables and consumer durables too has grown faster than the population. Exports of materials and services from India too have grown. Material wealth of India has risen due to exploitation of national mineral/ water reserves, through loans & assistance from WB,ADB,IMF etc. But inspite of all this the people are not happy. The common man is exploited. Corruption on government funds has grown many folds. The law and order machinery is not functioning with results, all complain of not receiving justice in time, the welfare schemes are non yielding and have encouraged those who adopt unfair means, the voluntary sector ( better known today as NGO sector ) too has lost its credibility, legislature has lost its sanctity ( extreme could be seen the way the Rajay Sabha ---Upper House of Parliament , and Vidhan Parishad - Legislative Council are misused by the political parties to make entries for family friends or those defeated in Lok Sabha or Assembly elections, those who have no special intellectual or professional outstanding qualification but have made crores of rupees through what ever means possible .
The common man is put under material and mental pressures by the politicians after every five years to secure the reins of power. The foreign debt is growing and India is being exploited by US /UK/EU. No doubt the judiciary and the political leadership is theoretically expected to settle the things right. But under the circumstances the Indian people (society) for better self governance will have to take up the corrective measures at the voter level. No doubt since the damage has been large it may take min five years of sustained honest efforts for some visible accountable improvements. No doubt permanent solution lies in some long term measures. But still some short term measures too could be taken to see that some good quality people enter the Lok Sabha after April/ May 2009 elections.
Immediate short term measures could be : 1. dare evaluate the contesting candidate on the basis of his earlier performance and the reputation at the social level (2). motivate your neighbor to undo the candidates who depend upon criminal muscle power /the caste/ religion / money power to mis carry the less aware innocent voters (3) EC / Government must provide all fair and easy means for a voter to reach a polling booth ;citizens should report unfair means adopted by any one to EC (4) inform others about any criminal record of some candidate. Incase you feel scared, atleast you do not vote for such a tainted candidate (5).Pass on awareness with concern to the rural, uneducated, economically weak and socially innocent voter (6).Social voluntary organisations should spread the security and support information amongst the voters (7) Motivate the disinterested voter to vote (8) Be brave to provide social security to weaker sections so that they vote to choice (9) Make people to come out in majority and undue the pressure of votes purchased in the name of caste / region /religion/poverty.
Selfishness in Indian people has grown. The subsidies and the corrupt practices have eaten through the State tax revenue and foreign aid. The common man has only been loaded with new taxes much larger than the subsidies and support prices he gets. He is innocent .Instead of knowing the Democratic system more closely, the common rural / voter who forms 70 % of vote bank still considers a MLA or MP like a Monarch of feudal system. . Money and liquor so easily buy the vote of the economically weaker people. In some areas people flock to vote under the pressure of goons / musclemen / even liquor. This shows that it is hunger that matters more to economically poor masses and it is physical security that matters more to those who can not hope any security through the existing law and order machinery of the government. Therefore, need is to carry on the corrective measures even beyond the 2009 Lok Sabha Elections . Long term measures would surely involve corrections that would need actions at the legislative and executive levels as well as judiciary. Success would rest in raising a sound social order percolating deep into rural India and some electoral reforms in our constitutional system including some constitutional corrections.
LONG TERM Approach would involve : 1.Voter citizen has to come forward to root out dishonesty as majority of the "vote seeker" would never work for corrections. (2). The candidates for contesting elections are thrust on the voter by the political parties. Money and muscle power that the aspiring ticket seeker can display too plays a major role. Political parties need be forced to select the candidates with the involvement of panchayat level party members for MLA and Block level for the MP. Rather Party workers must demand selection of candidates. (3.(a)Democracy in political parties should also be enforced by law. Organizational elections should be held after every 3 years by recognized Political parties with in 6 months of the earlier term ended Constituency/ Distt/ State/ Regional/ National level.. Election commission / Parliament should make such law. Even national level parties are getting loaded with leaders who have no base in masses. Leaders are being thrust from elite hierarchy and the common man has lost faith in democracy. Let Congress take lead. (4) The voluntary social organisation working in the fields of education / awareness / welfare / health/education should approach the interior India . Government should provide them material, physical and social security against the criminal and tainted elements working for the conventional so called " elite leaders."(5).Damage done to democracy will have to be explained at the door steps of illiterate poor Indian because of (a) Low voter turn out (b) Criminalization of politics (c) the caste and religious divides that the elite leadership promotes more amongst the economically weak community and ( d ) neglect of national issues by local leaders. Rather the common has to be warned about the ultimate dangers. As long as the movement will not be taken to the villages tab tak janta jagae gee nahin. Lok tantra badee kurbaniyon ke baad milaa hai ab esae kurbani de kar hi bachana hai. Rather job can only be accomplished by bringing reforms and awareness at the lower levels. The crown is showing no intention for mends. (6 ) In India voter turn out may be low but is not poor. Voter percentage is much higher than urban educated areas in the rural and backward areas In the urban educated and better informed areas too the voter turnout is very low. Nov/ Dec2008 J&K elections have demonstrated the desire of Indian voter to participate in elections. The thing that should concern us more is the importance of sound, serious and honest elections as they concern security and integrity of a Nation/ Country like India..(7).Other thing that need serious consideration is material and physical security to a common voter citizen against the pressures of rich, musclemen and criminal- politician nexus. Voter is to day terrorised. Voters are terrorized and exploited mentally and physically. Regular close security has to be provided before the elections to cultivate faith of the common man in the law and order machinery. Material and social security has to be ensured even after elections to villages for atleast 3 months after elections. (8) Voter has very little access to the personal information regarding the contesting candidates , particularly for Lok Sabha. Election Commission of India must evolve a method for distribution of hand bills in the constituency mentioning all the particulars of the qualification, assets and any criminal record of the contesting candidate. (9) (a).It has been observed that money power too has started playing major role in nomination of candidates for Rajay Sabha and Vidhan Legislative Councils ( Vidhan Parishads). The objective with which these superior advisory institutions were created appears lost in most of the cases. (i) Any person who has lost a Lok sabha Election or Assembly Election should not be nominated to upper house with in a period less than one year.(ii ) Candidate elected to a State Assembly Seat should not be nominated for Rajay Sabha or Lok Sabha Election unless he has worked as an MLA for atleat one year. He should resign from MLA or MLC seat before the day of voting for Rajay Sabha or Lok Sabha.(b) No Government servant who retires from government service or takes voluntary retirement should be allowed to contest elections to Parliament or state legislature with in two years of his retirement on the ticket of a political party.(c) (i) There is a need to delete the provision of registering the name parentage voter number and signatures in form 17C before election officer by those who want to register that they do not want to vote for any of the candidate seeking election since it is against the principle if secrecy and has not been used by the people in significant numbers.
(ii) In case some one does not want to vote in favour of some particular candidate or has information about his criminal/ not suitable record he should be allowed to vote against that candidate so as to reduce the votes secured by that candidate by one. EVM could have three buttons..YES…No… Not INTERESTED.
(d) In the present system the candidate securing the highest number of votes is declared elected even if he has secured less than one sixth of the total votes polled or some times even less than 10% of the polled votes. It is unfair. Rather (i) .winning candidate must secure more than 50% of the polled votes (ii) in case it does not happen method of added weightage could be adopted. (iii) the votes polled by last candidate be added to the votes polled by the first candidate and the votes polled by the last but one could be added to 2nd candidate. (iV) in case still the number is not more than 50% polled votes for any of the two, then the votes polled by the remaining candidates be added further to the first and 2nd candidates in the same manner . (10) projects executed by the State should not be projected through advertisements as individual achievements of the politicians by making payments from state exchequer ; no welfare programme or project or scheme should be named after a leader of a political party as it has so far exploited the innocence of rural India more to the advantage of only Congress Party and all such programmes / schemes /projects should be renamed . (11 ) Suggestions are also coming for evolving a method to call back a MP /MLA when he does not perform or gets involved in criminal / corruption cases ; enforcing upon the political parties to declare their alliances before the elections along with pre decided CMP : for fixing maximum age limit for a MLA /MP (do not appear that wise) : setting educational qualification (too needs to be debated ) . Any how in a democracy unless one cares for others he will not be safe. A vote when cast without serious thought could ruin the future of a billion Indians.
.*( Daya Sagar Senior Coloumnist on Kashmir affairs and a social activist dayasagr@yahoo.co.uk alookthroughthemist.blogspot.com)