Ayushi Malik
Jammu has over the years become a land of refugees. Different kind of people belonging to all types of castes and creeds have found a place of refuge in Jammu after being prosecuted and discriminated at the places of their origin. Right from 1947 after the partition of India people came to save their life and honour and settled in Jammu. The issue of refugees/migrants in the state has always been an issue of fierce controversy, often taking a regional or a communal form. It would not be biased to call Jammu – land of refugees as today, there are nearly five lakh people ghettoised in 39 camps in and around Jammu with no political status, nor with any promise from the state and union govt. on where they stand in the Kashmir conflict.
Major categories of refugees now in Jammu are: West Pak refugees, POJK refugees, IDP’s from Kashmir Valley, terror victims of Jammuregion, war refugees, Chhamb refugees.
A BRIEF HISTORY
The origin of the refugee problem in J&K is a heart wrenching story.1947 was the turbulent times for the sub-continent when Islamic republic of Pakistan was carved out of India and large scale migrations based on religious identity took place. Many Hindus and Sikhs mainly from Sialkot district in undivided Punjab migrated to India residing in J&K, categorised as West Pak refugees.
Around twelve hundred thousand people of PoK were subjected to genocide by the tribes backed by Pakistan regulars following Pakistani aggression in October-November 1947.This raid not only destroyed the life and property of lakhs of people but also the very fabric of human society.
Though these refugees were regarded as citizens of Indiain 1947, after India became republic in 1950, article 370 was applied to J&K with several special provisions to grant conditional autonomy as an interim measure. The constitution of J&K came into effect in 1957.According to section (6) of the J&K constitution, only those citizens of India will be deemed as permanent residents of J&K only if they were either state subjects of the princely state of J&K or had lawfully acquired immovable property in the state until 1954.
Refugees from West Pakistan did not fall in this category and hence even to this day are not considered as permanent residents of the state. They were categorized as ‘displacedpersons ‘by the government of J&K .Those who migrated from PoJKlive even today without refugee status, the government’s position has been that ,since they have migrated from POJK,which is legally a part of India , they are technically not to be categorised as ‘refugees’. Therefore, they can’t claim the benefits of refugees.
WEST PAK REFUGEES
Over two lakh refugees from West Pakistan have been leading a wrenched life in Jammu since 1947.They migrated to Jammu to save their life but even after over 68 years of independence and forced migration these refugees have failed to obtain citizenship of the state. They cannot get admission in professional colleges of the state nor can they apply for government jobs. They can vote for the parliament but not for state assembly. The reason being unlike the PoK refugees, the West Pakistan refugees were not original residents of the erstwhile state of J&K.These refugees, 90 per centHindus and 10 per cent Sikhs, mostly belonging to a category called ‘disadvantaged’, migrated en masse from west Pakistan and have been living in Jammu region since ,while others are settled in the Kathua ,Udhampur,RS pura, and Poonch areas of Jammu in dismal conditions, with state apathy towards their plight becoming accepted reality.
Before the start of militancy in J&K, there were provisions of recruitment of West Pak refugees in the central forces, but after 1990, they were deprived of the same because the successive state governments refused to give them domicile certificates despite living in Jammu since 1947.Government in each parliamentary elections makeS a promise for granting them State -Subject ship but those promises were never kept.
Prime Minister NarendraModi had also made a similar promise in the run up to the 2014 Lok Sabha elections. The delegation of the West Pak refugees was arranged a meeting with the Prime minister in May this year after which PM had assured a special recruitment drive for the refugees, besides a provision to ensure their regular recruitment in Central forces in future. Recently, the Joint Parliamentary Committee recommended granting citizenship and compensation to the west Pakistani refugees. The issue has also been taken up by separatist leaders, Syed Ali ShahGeelani and Mirwaiz Umar Farooq working to chalk out a joint strategy to counter the move.
POJK REFUGEES
The narrative of another category of refugees fromPOJK is very similar. They had also left their original habitat in 1947 to escape their physical liquidation at the hands of the votaries of the pernicious two-nation doctrine and save their honour, culture and religion. They were displaced from Mirpur, Kotli,Deva Batala, Bhimber, Muzaffarabad,etc.They left properties worthmillions of crores .No claims of the properties left behind by them in POK have been given to them like other refugees. Recently, theIndian government refused to pursue the compensation that was to be given to the people in Mirpur whose properties have been submerged due to the construction of Mangla dam.
This section has been left outside the purview of both the round table conferences. The Central and the State government ofJ&K formulated different schemes to rehabilitate them temporarily at different places. No special assistances like reservation in services, reservation in educational institutions,subsidies on financial supports from financial institutions have been given to them. Even the small ex gratia assistance in 1960s was adjusted against small accommodation provided to them.
In 1982, the J&K govt. passed an act in the assembly titledResettlement Act 1982 by virtue of which Muslims who had migrated to Pakistan ,and settled there as permanent citizens, could come back and claim their properties which was another blow to the process of resettlement of POK refugees. This year also members of POK refugees association accused the successive state government of turning a ‘blind eye’ toward their issues and were demanding Rupees 25 lakh compensation for each refugee family.
Main demands- 1.Set up a commission to access the loses of POK refugees in 1947.(2)They should be accorded with refugee status so that they are provided all benefits under national and international laws. (3)TheseRefugees do not have any constituency of their own ,despite the fact that 24 assembly seats are kept reserved for the POK area in J&K assembly.(4)Unemployed educated POK refugees should be given interest free loans to enable them to establish their businesses.(5) Finally, they should be provided with all civic amenities and health services.
WAR REFUGEES
India has fought wars with Pakistan in 1965, 1971 and 1999. Most of the people who got affected due to these wars belonged to Jammu region and Ladakh region. As regards India surrendered some more areas to Pakistan, particularly Chhambareas, as after effect of 1965/1971 wars and large number of people were displaced from Chhamb area. Here too bulks of them arenon-Muslims. Affected people are all permanent residents of J&K who had been suffering due to Indo-Pak LOCconflicts. Somepeople have not lived peacefully for last six decades and have been forced to leave their homes and land very often. Some reservation in services are provided to them but no regular support enabling them to sustain regular socio economic losses have been provided to them.
No regular agency has been engaged by government to estimate the loss they suffered and hence the compensation given to them is still to be tested. These people need to be supported with special support for education, trade, employment and services.
TERROR VICTIMS OF JAMMU REGION
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 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.
SOME SOLUTIONS
Each category of migrants has its specific problems which call for different solutions. First of all a thorough study is needed to know the exact situation. Some suggestions the government of India and J&K should implement:
* Govt. of J&K should grant ‘State Subject’ status and issue domicile certificate to refugees from West Pakistan. This will provide them the right to vote in State Panchayat, local bodies and assembly elections. They will also be able to secure many benefits under various schemes of the state govt.
* Compensate POK refugees for their property they left behind in POJK. Refugees from POJK should be accorded the ‘refugee’ status and the Central Act of 1954 (displaced persons compensation and rehabilitation act) by virtue of which the displaced persons from west pinna and east Bengal were settled permanently, should be applied in their case.
* Govt. of J&K should nominate people from the refugee community for the 24 seats in the assembly that represent the parts of J&K state which are under the illegal occupation of Pakistan and china and hence are vacant.
* Land identified as evacuee property under the Evacuee Property Act and whose validity for reclaim has long elapsed, should be used for the rehabilitation of the refugees.
* To address all the above issues of the refugees, a special Refugee Development Board should be constituted to provide the justice to the refugee families.
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. After all it relates to a population which almost equates permanently settled persons in Jammu and is one of the major cause of regional discontent.
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