Ronik Sharma
It is a well-known truth in history that the erstwhile state of Jammu and Kashmir was directly targeted, attacked by Pakistani forces starting in October 1947. In addition to being a calculated move to launch an operation, it was seen as Pakistan’s first offensive-a war crime-against Bharat. In 1947’s attack, the Pakistani forces forcibly began the illegal occupation of all those areas and illegally occupied parts of the territory of Jammu and Kashmir, which are still under Pakistani establishment’s control as a result of this first offensive attack, with the active assistance of a well-trained armed group. The people living there at the time, who were mostly Hindu and Sikhs, were forced to relocate. Pakistan Occupied Jammu and Kashmir Displaced Persons, also referred to as “1947 Pakistan Occupied Jammu and Kashmir Displaced Persons” (“POJK DPs”), endured immense sufferings as a result of this war crime against Bharat and after being forcibly displaced from their homes in the areas that are still under Pakistan’s illegal occupation. This led to serious blow to both their ethnic identity and their economic situation in 1947. Their lives and means of subsistence were severely disrupted by their forcible displacement. Saving and protecting their identity was a major concern for 1947 POJK dp’s as they struggled to rebuild their lives after being uprooted. Neither a comprehensive recount of all 1947 POJK DP’s nor a proper procedure for registering 1947 displaced individuals and their offspring at any appropriate authority have been carried out as of yet. Furthermore, it is evident that the 1947 POJK DP’s are members of the same ethnic group- that is Pahari Ethnic Group (Pahari Tribe). The 1947 Pahari displaced persons literally dwellings in different parts of the union territory of Jammu and Kashmir and are mainly in Poonch, Rajouri , Jammu, Kathua, Samba, Udhampur, Reasi etc. and some others parts of the country. Nevertheless, not all 1947 POJK DP’s are covered by the Union territory administration under the Pahari Ethnic Group (ST category) (Pahari Tribe). In addition to the forced relocation of Hindu- Sikh minorities during that time, the families of those individuals also had to leave their homes and hearts, and all of them specifically belonged to the Pahari Ethnic Group (Pahari Tribe). Based on their geographical areas of residence, the ethnic groups in India can be classified into three main zones: hilly regions, desert and semi-arid zones, and peninsular India. The Indo-Aryan, Dravidian, and Monogoloids are India’s three main ethnic groups. Numerous tribes and ethnic groupings exist within these main ethnic groupings. As a result, India is the world’s most ethnically diverse nation. Over seventy million individuals in India who are members of ethnic groupings and tribal societies are descended from six distinct racial stocks: Negroid, Proto-Australoid, Monogoloid, Mediterranean, West Breachy, and Nordic.
Ethnicity, Ethnic identity and Ethnic Group:
An ethnic group, Ethnic identity or ethnicity is a group of people who have a common culture (beliefs, values, and behaviours, language, religion, ancestry, etc.) that is frequently passed down from one generation to the next. It implies that a group of people who identify with one another due to these shared characteristics is known as an ethnic group, or ethnicity. They both reside in the same neighbouring pixels.
An associated phrase for ethnicity is ethnic. A person who belongs to an ethnic group is said to be of that ethnicity. The shared quality that mostly consists of a group of people’s culture and language is known as their ethnicity. Belonging to a specific ethnic group is referred to as having an ethnic identity. It’s crucial to remember that various people exhibit varying degrees and styles of ethnic group commitment. However, ethnicity also serves as an illustration of a person’s or a group’s cultural and social identity. Additionally, depending on the community or group of people one lives with, it is typically an inherited status. In the case of 1947 Pahari displaced persons, they share basic cultural patterns, which include their specific culture, life styles, and dialects. India is a multicultural, multiethnic nation. Thousands of different ethnic and tribal tribes call India home. Individuals who belong to the same ethnic group reside in different places and share comparable features such as dialectic identity, cultural identity, linguistic identity, etc. However, ethnicity acknowledges that humans differ primarily from one another in terms of language and the common culture that all people share. The profound social, educational, and economic backwardness of certain Indian populations was noted with seriousness by the drafters of the constitution. They therefore need particular attention to protect their rights and interests and to advance their socioeconomic status. In accordance with the provisions of Clause 1 of Article 342 of the Indian Constitution, numerous ethnic groups and social groups are designated as Scheduled Tribes with the aim of protecting their constitutional rights and offering them moral support. A policy of positive discrimination and affirmative action on the developmental and regulatory welfare fronts, as well as provisions for bettering the lives of Schedule tribes and the poorer segments of society, are contained in the provisions of the Constitution of India. The Scheduled Tribes, which comprise many ethnic groups and communities, are the subject of specific articles entirely dedicated to their cause by the drafters of the constitution, who recognised the distinct identities of these groups and their habitat. Articles 14, 15, (4), 16(4), 16 (4A), Art. 46, Art. 243 (d), Art. 244 (1), Art. 244(2), Art. 275 (1), Art. 244, Art. 244A, Art. 275 (1), Art. 330, Art. 332, Art. 335(A), Art. 339 (1), Art. 340, Art. 342, Extension of the 73rd and 74th amendments, and including benefits of the other acts are some of the provisions for social, economic, and political empowerment that are enshrined in the Indian Constitution.
POJK Pahari Displaced persons of 1947:
The 1947 Pakistan Occupied Jammu and Kashmir displaced persons are undoubtedly socio- economically and educational backward like others ethnic people and therefore the pahari displaced persons of 1947 needs special attention and deserve immediate safeguard and protection for the safety of their ethnic identity. Due to discriminatory attitude of the successive governments in the erstwhile State of Jammu and Kashmir as well as at centre they failed to protect their ethnic identity and were unable to provide them security being the first victim of the Pakistani army attack i.e a war crime-against Bharat.
As per the Art. 29 of the Constitution of India- (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same as it is. Although article 29 to 30 deals with the protection of cultural and educational rights of the religious and linguistic minorities and 1947 Pakistan occupied Jammu and Kashmir displaced persons are Hindu-Sikh minorities of Jammu and Kashmir and reside in different parts of the Jammu and Kashmir as well as other parts of the country and are still fighting for the protection of their rights.
According to Rule 21 of the S.O. 127 of 2020, a person claiming the benefit of the Pahari-speaking people category must be a member of the Pahari clan, community, or tribe having a distinct cultural, ethnic, and linguistic identity etc. Further must be speaking Pahari language, and mother tongue must be pahari. Despite fulfilling all the criteria for the PSP category, benefits were not provided to the Pahari displaced persons in 1947 who resides in different parts of the Union Territory of Jammu and Kashmir.
S.O. 537 October 19, 2022 is the date: Accordingly, the Lieutenant Governor of Jammu and Kashmir hereby directs that the following amendments be made to the Jammu and Kashmir Reservation Rules 2005 in order to exercise the powers granted by the first proviso to clause (O) of Section 2 of the Jammu and Kashmir Reservation Act, 2004, and based on the recommendations of the Jammu and Kashmir Socially and Educationally Backward Classes Commission (SEBCC):
The terms Pahari Speaking People (PSP) or Pahari Speaking People should be replaced with Pahari Ethnic People whenever they appear in the Jammu and Kashmir Reservation Rules, 2005.
It is pertinent to mention here that the President of India ultimately signed the Jammu and Kashmir Scheduled Tribes Order Amendment Bill 2024 into law in February of 2024. Following a protracted legal battle, the Pahari ethnic group of J&K was granted Schedule tribes status following this amendment. As per S.O. 176 of March 15, 2024, a person claiming the benefit under the Scheduled Tribes category in the Pahari ethnic group category must be a member of the Pahari clan, community, or tribe having a distinct cultural, ethnic, and linguistic identity. Further must be speaking pahari language, and mother tongue must be Pahari. Must produce an Aadhar card, voter card, or domicile certificate. Further, the tehsildar shall have the authority to certify the claim of a person belonging to said category. Aware of the gravity of the situation, the Union Territory Administration in particular and the Central Government should ensure that the applications of all the 1947 POJK DP’s from Pakistan-occupied Jammu and Kashmir are approved rather than denied, and they should also think about streamlining the entire procedure. It is imperative that necessary directives be communicated to concerned officials via the J&K Law Department to ensure that the displaced persons of 1947 Pakistan-occupied Jammu and Kashmir do not face any further difficulties when obtaining ST Category certificates. In order to ensure that all 1947 POJK DP’s receive the benefit in the same way, a committee of Union Territory Administration officials comprising legal experts, technical specialists, research analysts, etc., will need to be formed if issues with the process of granting Schedule Tribes (ST) category certificates to all 1947 POJK DP’s by the concerned officials continue to exist.
(The author is an advocate by profession)
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