Suggests declaration of distress sale as null and void
Favours consolidated rehab in Kashmir
Avtar Bhat
JAMMU, July 28: The Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement Bill 2022) of Congress MP, Vivek Tankha which got President , Droupadi Murmu’s nod for introduction in Rajya Sabha recently has strongly pleaded for declaration of Kashmiri Pandits as victims of genocide and change of their official nomenclature to ‘Internally Displaced Persons’ with immediate effect.
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The Bill proposes for identification of a separate consolidated land for rehabilitation and resettlement of Kashmiri displaced people within Valley. The Bill lays down that process in this regard should be started within three months of formation of the Act and land shall be allotted to each family of domiciled Kashmiri Pandits either living in camps or willing to settle in such a manner.
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In this regard, a lump sum amount may be decided by the Government in consultation with Advisory Committee (the provision of which has been kept in the Bill) be given to each person willing to resettle in Kashmir.
The Bill also urged for Constitution of an Inquiry Commission to investigate atrocities against Kashmiri Pandits.
The Government shall set up an enquiry Commission, within one month from the date of enactment of this Act to investigate into genocide and mass exodus of Kashmiri Pandits from their homeland.
The Inquiry Commission shall have prosecutorial power and the powers to appoint Judicial Tribunal. This Judicial Tribunal appointed under sub-section (2) shall have the authority to establish the casual factors responsible for the genocide of Kashmiri Pandits and bring the perpetrators to justice. The Inquiry Commission shall consist of a retired Chief Justice of Supreme Court—Chairperson, two retired Judges of High Court of Jammu and Kashmir as members; four serving senior security officials from the Union Territory police, intelligence, paramilitary and military forces engaged in anti-terror activities, as may be nominated by the Government in consultation with the Advisory Committee, for construction of houses and other expenditures for re-settlement, a cash relief of Rs 5,000 per person, subject to a ceiling of twenty thousand rupees per family be given every month to all Kashmiri Pandits, in such manner as may be prescribed which shall be subject to revision every three years. Bill has also kept a provision of constitution of Advisory Council for KPs.
It proposes provision of release of a White Paper on the issue of Kashmiri Pandits documenting all events in the Kashmir valley pertaining to the atrocities and their plight starting from the year 1988 till the enactment of this Act. The White Paper should be prepared by a High Level Committee comprising of retired Chief Justice of India as the Chairman with two retired Judges of the Supreme Court of India—Members, two sitting members of Parliament as nominated by the Advisor Committee—, two former Members of Parliament as nominated by the Advisory Committee—, four sitting or former members of Legislature/Council of Jammu and Kashmir as nominated by the Advisory Committee and four other individuals as may be nominated by the Advisory Committee as members.
As per the provisions of the Bill, the High Level Committee as referred to under clause (iii) of this Sub-Section shall rely on depositions given by witnesses and lay special focus on the Reports and judgments of the Supreme Court and the High Courts of India, National Human Rights Commission, reports of any Parliamentary Standing Committees and Sub-Committees set up for the purpose of examining the issue of Kashmiri Pandits.
Moreover, the Government, in consultation with the Advisory Committee, shall take all measures as recommended by the Delimitation Commission, to ensure enhanced political representation of Kashmiri Pandits across Panchayats, Union Territory Legislative Assembly and Parliament.
The Bill also proposes that for ensuring political franchise and to further the right of political participation, a mechanism be created for enrolment of all migrant Kashmiri Pandits as voters and provide reserved seats in proportion to their numerical strength in local and Union Territory legislative bodies and provide all registered or domiciled Kashmiri Pandits, their right to vote for the candidate of their choice through a system of postal ballot.
Besides the Government, in consultation with the Advisory Committee, shall take such measures as may be necessary to establish an environment of economic justice, prosperity and security, for Kashmiri Pandits and other religious minorities to explore opportunities of growth and stability upon their return.
It also stresses on appropriate corpus fund for the purpose of grants to be given to five thousand small or cottage industries owned by Kashmiri Pandits shall be created within one month from the date of enactment of this Act.
Bill also strongly favours promotion of women Self-Help Groups in every village and a grant amount, as decided by the Government in consultation with the Advisory Committee, shall be disbursed to each Self-Help Group.
To enhance employment opportunities for migrant youth who are either already living in Jammu and Kashmir or willing to return and resettle, the Government shall—create, within three months from the date of enactment of this Act, ten thousand direct employment opportunities to be accommodated within the Union Territory and to be filled up by only migrant or domiciled Kashmiri Pandits.
The Bill also suggests that Government in consultation with the Advisory Committee, decide upon a quota of reservation and eligibility criteria for migrant or domiciled Kashmiri Pandits, in Union Territory and Central Government jobs which shall not be less than ten percent.
The Bill keeps a provision of 21 representatives from the Kashmiri Pandit community in the Advisory Committee with at least three members drawn from the Global Kashmiri Pandit diaspora, out of which, at least one Member shall be a woman; two representatives of non-Kashmiri Pandit minorities of the Kashmir valley, provided that out of the total membership of the Advisory Committee, at least 25 per cent but not more than 50 per cent of members shall be women.
The Bill has also kept a provision for issuance of domicile certificates and suggested that the Government shall issue certificates of domicile to any such person who— is registered as migrant by the Relief Commissioner (Migrants).
In order to create social, political and economic conditions that are conducive to an environment of safety and honour to all domiciled Kashmiri Pandits either living in the camps or willing to return back and resettle, the Government shall take appropriate measures that may include— grant of minority status to Kashmiri Pandits in terms of clause (c) of Section 2 of the National Commission for Minorities, Act, 1992, within two months from the date of enactment of this Act.
It suggested a Board to be known as the Kashmiri Hindu Shrines Board on the lines of Shri Mata Vaishno Devi Shrine Board and Shri Amarnathji Shrine Board shall be set up in accordance with provision of the Religious Endowments Act, 1863.
For safety and security of migrants the Government shall issue necessary orders to declare the Kashmiri Pandit community and other religious minorities as an ‘at risk population’ and make necessary security arrangements for them.
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