Refugees of Jammu & Kashmir History and Way Forward (Part 2)

And the world remained silent!

Since late 1989 J&K has been in the grip of a vicious movement of Pakistan sponsored
extremist terrorism. This conflict of a sub-conventional war has inflicted enormous suffering
on the people of the state over the last 2 decades. Among the worst victims of this conflict
are the Hindus esp. the Kashmiri Pandits (KPs). The KPs have been the victims of one of the
most successful campaigns of ethnic cleansing in the world. Pogroms of far lesser magnitude
in other parts of the world have attracted international attention, censure and action in
support of the victims but this insidious campaign has passed unnoticed and on which the
world remains silent!
Between February and March of 1990, 140,000 to 160,000 KPs had fled the Kashmir Valley to
Jammu, Delhi and other parts of the country. Simultaneously, there were a number of highprofile killings of senior Hindu officials, intellectuals and prominent personalities. Eventually,
an estimated 400,000 KPs over 95 per cent of their original population in the Valley were
pushed out of their homes as a result of this campaign of terror. Not only did the Indian state
fail to protect them in their homes, the successive governments failed to provide adequate
humanitarian relief.
49.13% of children suffer from diabetes and 48.15 % from anaemia. 45% of children suffer
from malnutrition and 57% from nutrition related diseases. Almost 42.86% and 57.14%
suffered from skin infections and relapsing fever respectively. Improperly constructed latrines
cause leakages into the open drainage system causing unhygienic conditions that impact
adversely on the health of the inhabitants. Almost half the households do not have a bath or
shower in their dwelling; as a result, skin disorders like eczema, bacterial diarrhoeas, water
borne hepatitis etc. are common - No, this isnt the condition of slums in a third world country
but statistics mentioned in the CRY report on the conditions in the refugee camps of the
migrant Kashmiri Pandits in Jammu and around. The report also further states that majority of
the Pandit refugees live in squalid camps with spiraling health and economic problems. More
than 2 lakh KPs still live in abysmal conditions in Jammu with families of 5 to 6 people often
huddled into a small room. It is evident to anyone that such conditions will take a severe toll
on their physical and mental health.
Former IGP of Punjab police KPS Gill writes in his article titled The Kashmiri Pandits: An
Ethnic Cleansing the World Forgot on South Asia Terrorism Portal: While the Jammu &
Kashmir Liberation Front (JKLF) claimed a 'secular' agenda of liberation from Indian rule, the
terrorist intent was clearly to drive non-Muslim 'infidels' out of the State and establish Nizame-Mustafa (government according to the Shariah). This was further corroborated when KPS
Gill writes, Any proposal to return Pandits to the Valley in the past has usually been followed
by targeted terrorist attacks. Whenever any attempt to facilitate their return to the Valley has
been initiated, a major incident of terrorist violence against them has occurred. The massacre
of 26 Pandits at Wandhama, a hamlet in the Ganderbal area of the Valley on the intervening
night of January 25-26, 1998; the earlier killing of eight others at Sangrampora in Budgam
district on March 22, 1997; and the killing of 24 Kashmir Pandits at the Nadimarg Village,
District Pulwama, on March 23, 2003; these are the worst of the many examples of the
terrorists tactic to block any proposal for the return of migrants to the Valley. These
massacres and a continuous succession of targeted individual killings have ensured the failure
of every proposal to resolve the problem of the exiled Pandits.

Given the governments utter disregard for Kashmiri Hindus, they are also confronted with the
spectre of cultural extinction. After 1989 it was not only Kashmir valley, the hilly and remote
areas of Jammu Province too have been the victims of terrorist violence and ethnic strife. In
particular, the districts of Doda, Poonch, Rajouri , Udhampur and Kathua have suffered a great
deal. Education, agriculture and employment of both Hindus and Muslims in these areas have
taken a back seat. The national and international human rights organizations who often raise
the human rights issues in favor of the separatists have not taken any notice of the tragedy
these people have suffered.
In October 2010, the Government of India constituted a team of Interlocutors to to hold wideranging discussions with all sections of opinion in Jammu and Kashmir in order to identify the
political contours of a solution and the road map towards it. Though the Kashmir interlocutors
report, made public in May 2012, recommends adequate compensation for migrants
(displaced persons) from POJK, rehabilitation of Sikh and Pandit families and the grant of State
Subject status to refugees from West Pakistan as part of CBMs under Human rights and the
rule of law, it has neither provided any detailed solutions on how the government should
implement the same not has it addressed the issues of the various categories of the refugees
specifically.
Such being the condition of the refugees of J&K, observance of World Refugee Day is a
farce. It is for the refugees themselves and concerned citizens to raise the issues at national
and international fora and demand justice.

Changing the present

Poul Hartling, former UN High Commissioner for Refugees had said A lasting solution, the
possibility to begin a new life, is the only dignified solution for the refugee himself. Any
solution to ameliorate the plight of the refugees must be lasting and acceptable to the
refugees themselves.
Following are a list of suggestions the government of India (GOI) and J&K should look into and
implement:

Govt. of J&K should grant State Subject / Permanent Resident status to refugees from West
Pakistan. This will provide them with the right to vote in State Panchayat, local bodies and in
assembly elections, right to own property in J&K, right to join J&K government service and
government run professional colleges as well.

POJK refugees should be given proportionate compensation for their properties left behind in
POJK. They should be accorded the refugee status and brought under the Central Act of
1954 (Displaced Persons Compensation and Rehabilitation Act), by virtue of which the
displaced persons from West Punjab and East Bengal were settled permanently. The same
should also be applied in their case.

Govt. of J&K through the J&K Legislature should examine and consider the demand for
allocating some seats out of the 24 seats in J&K Assembly set aside for the areas under
Pakistani occupation and Chinas control.

Expedite return and rehabilitation of Kashmiri Pandit, Sikh and other migrant families. Security
should be ensured by creating security zones. These zones, if needed, could be accorded
union territory status for lasting peace.

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. Such land
should be given to the refugee families or used to construct permanent settlements for them.

GOI should create a uniform policy for refugees of all categories and provide comprehensive
package for all with special attention to employment, education and reservation in
professional and technical colleges.

To address all the issues of the refugees, a Special Refugees and Displaced Persons
Development Board should be constituted to provide relief and justice to the Refugee
families.

Registration of POJK DPs families and their left over properties should be carried out and a
special economic and employment package should be worked out for them.

People of the remote areas of Doda, Rajouri, Udhampur, Poonch, Ranban, Kishtwar, Kathua
should also be compensated for the loss of life, employment, agriculture and education,
suffered due to militancy.

Last but not the least, the GOI/Parliament should abrogate Article 370 of constitution of India
and bring the State List for J&K directly within the purview of Article 249 of Indian
Constitution.

Together we make a world of difference

While we expect the governments to act on the suggestions above, there are lot many things
refugees themselves and people sympathetic to their cause can do to alleviate their
condition:

The refugees should organize themselves at the national and international levels and raise
voice at UN, EU and other international fora.

More books, periodicals and blogs which highlight the problems of all refugees in J&K should
be published. Articles should be written in national and international dailies frequently to
garner voice for the refugees.

Concerned MLAs of J&K should take up the issue in the state assembly by moving resolutions
regularly on the refugee problems. For example, a MLA could move a resolution pertaining to
the violation of human rights of the refugees and another can move a resolution to grant
State subject status to 1947 West-Pak Refugees in J&K. MPs of national parties should also
raise the issue during question hour and elicit response from GOI.

Research scholars and academics in various universities across India who are sympathetic to
the refugees cause should take up the task of writing and publishing research papers and
present the same at various national and international arenas. PhD's should be obtained in
the study of the conditions and solutions for refugees in J&K.

Organize peaceful protests regularly in J&K and other cities of India until the government
comes up with a lasting solution to the issues raised by the refugee fraternity.

Organize regular get-togethers of the refugee families, so that the present and next
generation of the refugees do not forget their culture, tradition, customs and the problems
they faced. A lasting solution is only possible when the new generation is aware of the travails
faced by their ancestors.

Each category of refugees has its specific problems but the above suggestions will go a long
way in addressing issues faced by them. But first of all a thorough study is needed to know
the exact situation prevalent today. If the government is not interested or is disinterested to
act, NGOs and research scholars should undertake the task in an objective and impartial
manner. Above all, the political and community leaders should rise above partisan and
regional or religious biases and treat this as a human problem, which it essentially is.

Credits and References:

In Jammu's Camps, No Relief by Aditi Bhaduri - http://goo.gl/BfqAm
A lost generation in Jammu's refugee camps by Anju Munshi- http://goo.gl/ue7Q6
The Forgotten People of Jammu and Kashmir: 'Refugees' from PoK by D. Suba Chandran, Asst.
Director, IPCS- http://goo.gl/iHTWC
Refugee problem in Jammu and Kashmir by Balraj Puri - http://goo.gl/IOh60
Apathy towards Refugees by Ramesh Arora (Adv.) - http://goo.gl/dRDLZ
The Kashmiri Pandits: An Ethnic Cleansing the World Forgot by KPS Gill - http://goo.gl/O04p8
Jammu & Kashmir Affairs Mishandled : Misquoted : Miscarried by Daya Sagar
South Asia Terrorism Portal (SATP) http://www.satp.org