1947 WPRs are possessing land since 1950s, not eligible for State services
By Daya Sagar
Constitution of J&K was being drafted when President of India amended the Constitution through a Presidential Order of 14 May 1954 that otherwise could be done only by Parliament under the provisions laid in Article 368. The said Constitution (Application to Jammu and Kashmir) order of 14th May 1954 C.O 48 was issued under the orders of President amending the Constitution of India so as to add a new Article in the Constitution by the name Art-35A.
It is under the garb of this article that Section-6 ( Permanent Resident of J&K ) , Section-51( candidature for J&K Assembly) , Section-127 ( existing service laws ) , Section-140 ( voting rights for Assembly elections ) and Section-158(2) that deny to some citizens ( including ‘refugees’ from West Pakistan – 1947 WPR settled in J&K since 1947 ) the fundamental rights recognized under Articles 14, 15, 16, 19 and 21 of the Constitution could so far survive any legal test.
Today the third generation of 1947 West Pakistan Refugees settled in J&K (JKWPRs) is living the life of destitute and is deprived of basic fundamental rights in a democratic country like India. Presently they may comprise of over 15,000 families or so. West Pak Refugees had represented to the then Prime Minister of India Dr. Manmohan Singh in 2008, who too was a refugee from West Pakistan.
They are suffering simply because they do not fall in the class of Indian Citizens who are named as permanent residents of J&K. West Pakistani Refugees are presently denied basic fundamental rights like the right to employment, education, ownership of property and political participation in Indian state of J&K where they are settled since 1947 and are even cultivating lands.
Since they were not granted the status of State Subjects of J&K by Maharaja on their entry in J&K ( later in 1954 renamed as Permanent Resident of J&K ) or even by the J&K Government after November 1956 under Section -6 of J&K Constitution , so even in 2017 after nearly seven decades of their stay in Independent India they cannot vote in J&K Assembly election but can in Parliament elections , they cannot join J&K government service, they cannot buy property in J&K , they can into enter professional institutions run by J&K Government. That way inspite of their (“WP Refugees” 1947) staying in Indian state of J&K for nearly 7 decades after 1947 they are still like Indian citizens staying in states other than J&K who too do not come in the class of Permanent Residents of J&K. No doubt it is shear violation of the fundamental rights of some citizens of India but has been protected by the provision of Article-35A of constitution of India that has been added in Constitution of India by ‘amending’ the constitution simply by a Presidential Order on 14 May 1954 under the garb of ‘authority’ drawn from Article 370 (1) of COI and has remained legally unchallenged for over six decades.
Since the WPRs cannot vote in Assembly elections and local self government, Members of Legislative Assembly and Panches/ Sarpanch do not care for them. As a result they are not truthfully benefitted under pogrammes like Indira Awas Yojana, Aanganwadi etc.
Almost all the refugees from West Pakistan are Hindu and a large number belongs to backward classes and are staying in Jammu Region ( mostly Jammu, Kathua and Rajouri Districts). As per information constructed and displayed by the representatives of West Pakistani Refugees they consist of 80% Scheduled Castes, 10% OBC & 10% General Category and the majority is working as farmers /farm labourers. A report (report no. 183) on Problems Being Faced By Refugees And Displaced Persons In J & K prepared by a parliamentary committee was presented to Rajya Sabha on 22nd December, 2014 (also laid on the table of Lok Sabha on 22nd December 2014) and the report among other things had discussed the “WP Refugees” also.
In para 1.2.1 the report had said “… as per the report of the Wadhwa Committee of 2007 constituted by the Government around 5,764* families consisting of 47,215 persons migrated from West Pakistan and got settled mainly in different areas of Jammu, Kathua and Rajouri Districts of Jammu Division. No land was allotted to them by the State Government; however, these families had occupied 46,466* kanals of land (State land 10,478 kanals, Evacuee land 25,976 kanals and other land 10,012 kanals ) which was allowed to be retained by them without conferring upon them the title of land because of their non-permanent resident staus of the State. Land up to 12 acres of Khushki (unirrigated) or 8 acres of Aibi Land (irrigated), subject to certain conditions were allowed to be retained by them. As a result, 46,466 kanals of State/EP land stands retained by these refugees under Cabinet Order No. 578-C of 1954…” The reference of government order made in the Parliamentary Committee report had some typo error and the actual reference could be Government of Jammu & Kashmir Notification No.578-C 0/5 1954 of 7.5.1954 ( State Cabinet’s decision No. 9578-C of 1954) that had allowed them to possess and cultivate the lands occupied , possessed and cultivated by them without ownership title.
Hence the West Pakistan refugees in J&K have fallen back in terms of all known indicators of development ( education, quality employment etc ) that could be applied in a democratic country like India.
Supreme Court in its judgment on a writ petition No. 7698 of 1982 decided on 20.2.1987 ( Bachan Lal Kalgotra Vs. State of J & K in (1987) 2 SCC 223 ) observed that ” in the circumstances, in view of the peculiar constitutional position obtaining in the State of Jammu & Kashmir, we do not see what possible relief we can give to the Petitioner and those situate like him. All that we can say is that the position of the Petitioner and those like him is anomalous and it is up to the legislature of the State of Jammu & Kashmir to take action to amend legislations, …. ” But even after more than 30 years J&K political leadership has not been moved by their plight.
To be continued…
(Daya Sagar is a Sr Journalist and a social activist, can be reached at [email protected])
