Prof R K Kohli
The partition saw the emergence of two nations India and Pakistan accompanied by series of communal riots, immense destruction, loss of lives and displacement of millions of people from either side of the International border. Those who came to the Indian side, mainly Hindus and Sikhs settled in the course of time in different parts of the country. However, for those who came to the State of Jammu and Kashmir (J&K) from West Pakistan, the situation was different owing to the disputed and unsettled nature of the Kashmir issue and promulgation of Article 370 and 35 A of the Indian Constitution.
The displacement in Jammu and Kashmir is as old as the partition of the Indian sub- continent. Millions of people fled from the adjoining areas of Pakistan, mostly from Sialkot district.These “refugees?, 80 percent of them who belonged to Scheduled Caste migrated during the partition from Sialkot in Pakistan to Jammu in Jammu and Kashmir. Thousands of Hindu and Sikh refugees started entering into Jammu district from surrounding districts that had been marked to become the part of Pakistan. These refugees settled in the State of Jammu and Kashmir in 1947 were not considered as citizens of the erstwhile State.
As the time passed by, the West Pakistan “refugees? in J&K realized that several of their human rights were violated and they were deprived of their territory, home and their very identity. They faced problems related to food, shelter, health and employment. Neither they were treated at par with the refugees in other parts of India, nor did they had the basic rights of land ownership, livelihood, and right to participate and stand in the Assembly or Panchayat elections, or vote in local bodies in the erstwhile state of J&K. Settled in different parts of the region, particularly in Jammu, they have come together and formed an association to take up their grievances with the Government. However, Article-370 proved a major roadblock in effective redressal of their grievances.
The families, who settled in other parts of the country, are enjoying all fundamental and other basic human rights. But these “refugees “settled in the erstwhile State of J&K in 1947, even after 65 years were not provided with fundamental and other basic human rights. They had been denied State Subject benefits ofthe State, as they were not considered permanent residents of the state.
They couldn’t own property; they couldn’t get Government jobs, were discriminated in the matter of admission in the technical institutions and were denied employment in the prominent institutions of the State. They couldn’t even vote or stand in Assembly election, they couldn’t vote/contest Panchayat election or local bodies in J&K and couldn’t avail of other benefits that were provided to the citizens of the erstwhile State.
The people displaced from West Pakistan in 1947 are presently putting up in the areas adjoining India and Pakistan border right from Jorian in Jammu district to Kathua district. Official records estimate their population about1.5 lakhs. They have been denied permanent resident status of J&K State. They are living on the evacuee property and some State land occupied by them since 1947, but do nothave ownership rights with respect to the said property.
Life Changed After The Abrogation of Article 370
The announcement of the Government of India of abrogating Article 370 of the Indian Constitution ushered in a new ray of hope for the refuges form West Pakistan. With the abrogation of the Article 370, their long pending demand of being given the citizenship of Jammu and Kashmir was finally fulfilled. Also, the severe discrimination against the refuges of West Pakistan in the field of Jobs, employment, education, Government schemes which was perpetuated by the Article-370 is now a thing of the past. With the abrogation of the controversial Article, these people can now avail the benefits of the Central reservation reserved for the people belonging to the Scheduled and other backward castes from which they had been deprived till now.
Also, with the implementation of the Central laws in the Union Territory of Jammu and Kashmir, the Right To Education (RTE) shall be applicable in the region thus allowing the children belonging to the deprived sections of the society to have access to high quality education free of cost.
Also, the refugees from West Pakistan are now having an equal right over the employment opportunities in the Union Territory of Jammu Kashmir which wasn’t the case till Article-370 existed. These developments will further motivate the younger generation to have high hopes and aspirations from their careers. They can now avail the vast opportunities especially in the field of education, employment and other avenues for the betterment of their future.
The abrogation of A-370 has ushered in an era of new possibilities and opportunities for the refugees from West Pakistan. For the first time since their displacement, they are made to believe themselves as being equal citizens of the land on which they live and work. “Sky is the Limit” for the new generation youth of the West Pakistan refuges as the chains of the bondage has been finally unshackled and their wings have been set free to live the life of their dreams.
(The author is Ex-HoD English)
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