Political justice to discriminated sections

Sumer Khajuria
The Preamble of Jammu and Kashmir state constitution guarantees justice, social, economic and political besides the equality of status and opportunity and to promote among us all, to the subjects of the state, but, on ground, instead of following principles of fostering equality and secularism, virtually the successive Governments have taken the path of discrimination especially against the most under privileged classes like, Gujjars, Bakerwals, Gaddis Kollies and Sippies, Kashmiri Pandits, and the POJK people dispite their guaranteed rights and voices.
Based on the enactment of Government of India order No. 36 of 1991 effecting from 14th April 1991, the backward classes such as Gujjars, Bakarwals, Gaddies, Sippies were brought under the confines of the constitution (Jammu and Kashmir) Scheduled Tribes order 1989, there by the scheduled tribes were although provided reservations in the matter of state services, professional education, sports under SRO 126 dated 26:6:1994 subject to its amendments, additions or alterations there after. It is unfortunate that although the schedule castes were provided reservation of Assembly seats commensurating to their population of the state under section 49 of the state constitution, applying the same odiously only in Jammu region but incase of Gujjars and Bakerwals having population 2,09,227 assessed as 3,65,000 in 1981 relying on the behaviour of population increment in 20 yrs by about 75 percent, thus were entitled to at least 5 seats. The five seats of Gurjars namely Banhara or Dodhi Gujjars; Bakerwal Gujjars; Allahiwal Gujjars; Kanhadi Gurjars or Semi-Nomads, who are generally residents of Kalakot, Resai, Nowshera, Bandipura, Shopaian Kulgam, Pahalgam Uri besides some in Jammu, Kathua, Doda as well. Till date this most depressed community has been deprived of the political justices throughtout.
Kashmiri Pandits
According to AK. Dewani, (His book Radicalsation of Kashmir) apart from earlier migrations since 1947,54,104 familes of Kashmiri non Muslims(mainly Kashmiri Pandits ) had migrated in 1990 enblock from Kashmir to Jammu or outside of the state the population of which can easily be said to be more than three lakh souls and thus were entitled for at least four Assembly seats commensurating to their population in Kashmir valley. The forceful exodus of Kashmiri Pandits under well planned radicalization mind set of Kashmiri Muslim leaders had forced the kashmiri Pandits to live as migrants in their own country there by expunging their all democratic rights in a very systematic manner. In 1951, the first, post 1947 constituent Assembly, was consisting of four Non Muslims Members of the said house viz, Pt Sham Lal Saraf from Habbakadal (Kashmir), Pt Durga Prashad Dhar from Kulgam (Kashmir), Pt Janki Nath from Kothar (Kashmir) ,three Kashmiri Pandits besides one from Sikh community i.e Sardar Harbans Singh Azad from Baramulla, but their rights have after wards been usruped by the totalitarian mind set of fascists forces in power more particularly after rule of of Sheikh Abdullah in 1975, there by exposing the true face of such hidden agenda.
POJK displaced persons
Although the population of the POJK area illegally occupied by Pakistan in 1947 was considered to be 10 lakh for which 25 seats were kept vacant for their representation in the State Assembly under Section 49 of the state constitution after wards reduced to 24 seats by the 12th Constitution Amendment in 1975. The population of 2 lakh as assed in 1951 census have not been taken in to account nor their right of representation in State Assembly based on 40 thousand population fixed by the Regent of the state under Notification of 1st May 1951, has missed to find place. The POJK displaced persons have right of representation in the State Legislature for at least 5 seats out of the available 24 seats which need to be restored for their representation in the State Assembly besides one Lok Sabha members through nomination for representing of the cause of the people of POJK.
West Pakistan Refugees
Under Article 13(1) of the charter of Human Rights and Self-Determination, every one has the right to freedom of movement and residence with in the border of each state; besides under its Article 17(1)the right to own property alone as well as in association of other nor shall be arbitrarily deprived of his property, Therefore the displaced persons of west Pakistan settled in the Jammu and Kashmir state since 1947, at the instance of the India Government, along the available border patches in Kathua, Samba, Jammu and Rajouri Districts for protection and guarding the same with the express solemens of granting citizenship and other proprietory and civic rights on equality with the displaced POJK people, but unfortunately although such displaced west Pakistan people have been granted the citizenship Rights of India but incontrary to it deprived of theRights of Permanent residence of the state by deceit and frauds under sections of the constitution by considering such rights from the date prior to 14th May 1944 by expunging even the avaible right for the purpose on 15th August 1947 under notification no 1312 dated 27th June 1932AD i.e the provisions of Riyatnama or Izajatnama with fanatic mind set by bringing in operation by backdoor the provisions of Article 35A to the Indian constitution.
Balmiki Samaj
In the year 1956, for the exigencies of the state to provide civic facilities to the public at large in Jammu the member of Balmiki Smaj were brought personally by the then Prime Minster of the state, Bakhshi Ghulam Mohammad from Punjab (Jallander) with his express assurance that they along with their descendents shall be provided all rights of the state of J&K like other Permanent Residents of the state and to this regards surrepititious provisions of their engagement only to the job of sweepers was provided and their kins now after wards despite possession of Post graduation or even PHD qualifications are being deprived of the right of employement in state service. This deprived class deserves to be brought under the provision of the Permanent Residents of the State of Jammu and Kashmir with full benefits of Political social and economic justice.
It will be great injustice with these sections of society if they are not provided political justice to these people even after 70 years of independence.
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