Refugee problem in Jammu and Kashmir, Balraj Puri
A fierce controversy is raging in J&K state over the issue of
refugees/ migrants in the state, often taking a regional or a communal form.
Does any body engaged in this controversy know what is the number of refugees
and migrants in the state. Bulk of these refugees reside in Jammu region of the
state.What are the categories to which they belong? What precisely are their
respective problems and solutions thereof. The issue was raised in the report
of the working group on "confidence building measures across segments of
society" in J&K state presented at the third roundtable conference in
New Delhi on April 24, 2007. It just mentioned problems of some of them without
suggesting their solution.
For instance the group recommended that the rights of Kashmiri
Pandit migrants to return to the places of their original residence should be
recognized and a comprehensive package devised in consultation with their
representatives . The Pandit representatives in the conference protested
against this recommendation. They asked why should their right to return need
recognition and why did not the working group consult their representatives to
devise a package.
Kashmiri Pandits are very vocal community and have raised their problems
at international fora. Moreover there is no controversy about their right to
return. Nor they lack sympathy of their Muslim brethren in Kashmir valley. But
the same cannot be said about refugees in Jammu from other areas. The working
group has not shown much awareness about the range of refugee problems much
less discuss their solution.
It has taken notice of the refugees who came from West Pakistan
and recommends that the problem of their state subject status should be settled
once for all. But it avoids any discussion on how to settle this issue and
their other problems.
Similarly it mentions in passing the problems of full
rehabilitation of refugees after the wars with Pakistan in 1965 and 1971. But
it did not examine the nature of their problems and their solution.
But most glaring omission in the report is total ignorance of the
refugees from Pak administered part of the state who are by far largest in
number. 42,000 families were official registered. Their number has obviously
multiplied by now. They are state subjects like any other class of citizens of
the state. Unlike refugees in Punjab, their claims for the properties left
behind were not registered and they received no compensation for them, on the
specious plea that PAK was a part of India and they would be rehabilitated
there when it would be liberated. But after sixty years this plea has hardly of
any meaning. There is absolutely no justification for not treating them at par
with the refugees from Pakistan in other parts of the country.
Some of them, belonging to rural areas have been settled
temporarily on the land of Muslim evacuees. Under the Evacuee Property Act, the
evacuees who return could claim their property. But the limitation period is 12
years. As this period is long over, no such claims can be entertained.
Moreover, most of the evacuees have acquired Pakistan citizenship hence no more
entitled to be the state subjects. In any case, I had made a suggestion to
Sheikh Abdullah which he had accepted that all the evacuee property should be
disposed off and the price thus received be deposited in the bank in the name
of the evacuees. Which may be given to them if and when final decision is taken
on the whole issue. This would safeguard their rights in a far better way than
the present arrangement. The lands thus acquired could be used for permanent
rehabilitation of the rural refugees.
While discussing the problem of refugees, their other categories
should also be considered. A large number of people migrated from villages on
the border and Line of Control during firing from the other side till a cease
fire was announced in 2003. Some of them were advised to vacate their lands by
the army to enable it to lay mines on the border. According to a statement of
the Divisional Commissioner, Jammu, their number totaled 1.50 lakhs. Even if
they go back, they cannot enter mined areas and an area of 16,000 acres of land
occupied by the army. Of course there has been movement in the contrary
direction also. 350 families are reported to have migrated in recent years to
join their co-religionists across the LoC. Then AICC incharge of J&K state,
Satyajit Gaekward called it a matter of shame and condemned the state
government for its apathetic attitude towards these migrants.
Then there are migrants from militancy affected parts of Jammu
region who are putting up in temporary shelters around Jammu city. They were
not registered as migrants and given much relief as the government felt that it
might encourage more migration from those areas. As the violence has
considerably come down in districts of Doda, Rajouri and Poonch as compared to
the valley, the government should consider the case for their return in stages
with adequate compensation and means to resettle there.
Finally, while the case of Kashmiri Pandit migrants with 33,000
registered families is widely debated, the case of 1600 Muslim and 1656 Sikh
registered families who had to migrate from Kashmir valley in 1990 due to
insecurity has been completely ignored. The Muslim migrants felt threatened on
account of their political beliefs. They are not vocal in raising their
problems as they apprehend reprisals on their relatives left behind.
Each category of migrants have its specific problems which call
for different solutions. But first of all a thorough study is needed to know
the exact situation. If the government is not interested or is unable to do
that, some NGOs and research scholars should undertake the task in an objective
and impartial manner as is possible. After all it relates to a population which
almost equals permanently settled persons in Jammu and is one of the major
cause of regional discontent. It would not be an exaggeration to call Jammu,a
land of migrants .
Above all, the political leaders should be able to rise above
partisan and regional or religious considerations and treat a human problem
which essentially it is. It does not speak good of the political health of the
state that almost all parties of Kashmir, whether mainstream or separatist, are
on one side of the fence while all Jammu based leaders are on the other side on
this issue.
http://www.kashmirnewz.com/a0002.html
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