Since not paid Claims for Properties Displaced POJK DPs 1947 request for getting vacated POJK areas
POJK DPs ask how long they will have to wait for their return to “parental” hearths in POJK?
DAYA SAGAR
How ‘concernedly’ the issues / demands related to Families displaced from occupied areas of India state of J&K (POJK)POJK DPs 1947 have been handled by governments could well be sensed from the fact that so far even no any regular registration of POJK DP 1947 families has been done by any government and when ever required/ enquired no firm figure has been conveyed as regards the families displaced from POJK in 1947 and having found shelter in other parts of India. For instance Secretary to J&K Government ( Rehabilitation -1974 Department ), Jammu in response to views sought vide communication No. RS5 (18)/78-Com. II dated 27 July, 1979 by a Rajay Sabha Committee on Petitions (Bachchan Singh Panchi on behalf of Jammu Kashmir Sharnarthi Action Committee) had Vide letter No. RAHAB-9/II/79 dated 27.11.79 summarised the data on displaced families as like “there was no formal registration of these DPs and the only considered registration is that of declaration forms filed in response to notice( by GOI) inviting applications ( only from those families who had moved out from POJK areas during Sept 1947 – Dec 1950 , those whose income was less than Rs.300 /pm and those whose head of family too had moved out along with family) for ex gratia grant in 1960 of Rs.3500 per family. The number of total applications received was mentioned 31696.
Similarly Department-related Parliamentary Standing Committee on Home Affairs one hundred eighty third report problems being faced by refugees and displaced persons in J&K (presented to Rajya Sabha on 22nd December, 2014) (laid on the table of Lok Sabha on 22nd December, 2014) at Para 1.3 says “Displaced Persons from POJK of 1947. 1.3.1 The Ministry of Home Affairs apprised the Committee that in the wake of Pakistani aggression in Jammu and Kashmir in 1947, mass exodus of population from Pak occupied area of Kashmir (POK) took place. The Ministry of Home Affairs also stated that as per the available records, 31,619 families were registered with the Rehabilitation Organisation, out of which 26,319 families opted to settle down within the State itself and 5,300 families settled outside the State of J&K (Delhi 1,901 families, Maharashtra 123 families, Rajasthan 495 families and other States 2,781 families). Out of 26,319 families, around 22,719 families opted to settle in rural areas, whereas 3,600 families settled in urban areas. However, no claims for compensation in lieu of the properties left behind by these displaced persons were invited by the Government of India as POJK was treated as an integral part of India. The Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the Administration of Evacuee Property Act, 1950 are not applicable to the State of Jammu and Kashmir”. The same report at 1.1 Introduction 1.1.1 also says “The background note as furnished by the Ministry of Home Affairs states that at the time of partition which was followed by tribal invasion, more than 7000 families crossed to this side of the LoC and International Border from PoJK and the then Western Pakistan. Later on, during Indo-Pak wars of 1965 and 1971, nearly 10,000 families got dislocated from 47 villages of Chhamb area,” maybe there is some typo error where it said “, more than 7000 families crossed to this side of the LoC and International Border from PoJK “.
The same report at para 2.3.4 says ” The representatives of PoJK (Chhamb) made the following submissions before the Committee:- (i) The migrants should be registered. 31,600 families were registered while 9,500 families were not registered as they could not fulfill the condition. The properties which were lost have not been compensated…..” .
Whereas per unofficial quotes in 1947/48 atleast over 40000 to 42000 families were displaced from the areas of J&K state illegally occupied by Pakistan in 1947 ( Wadhwa Committee report is also quoted as having referred the numbers as………….).
POJK DPs 1947 were/ are told by GOI that in case property claims are paid, India can lose claim on POJK areas. So when government of India in 1960 invited applications for providing Rs.3500 per family as ex gratia / had decided not to pay any claims for properties / assets left behind the displaced families were not in balanced state of mind to make the needed demands / representations to specifically secure their interests. Due to continued uncertainty POJK DPs 1947 have fallen back in employment / trade/ higher education. No special / regular support for trade / education/ employment has been provided to these ‘Permanent Resident’ /State Subjects of J&K all these years.
No any rehabilitation specials were provided to them at the time of displacement (and even after that) except that an amount of Rs.5.5 lakh per family has been sanctioned by GOI in 2016 for payment to POJK DPs 1947 as one time final settlement for any claims that may be there. Before that only an ex gratia was provided in kind/cash to some of POJK DP families somewhere in mid 1960. In case someone tries to find the equivalent of left behind assets / properties /claims of even just Rs.3500 in cash in kept in bank in 1947 with 10 percent interest compounded just quarterly would have been worth app Rs.31,90,471.87 in 2016 the year when one time full & final settlement amount of just Rs.5.5 Lakh /family was sanctioned in 2016. Those who may try to justify one time settlement amount of Rs.5.5 Lakh per family of 1947 times pleading that Rs.3500 per family had already been paid in mid 1960s (say averaged in 1965) must understand that Rs.3500 of 1965 if are taken for recovery would have become only app Rs 5,39,183.53 in 2016 and even on that basis claim for left over assets of Rs. 3500 of 1947 would still ride of Rs.3500 as of 1965 by another Rs. 26.51 lakh. More over it has not been fair to pay compensation of same amount to all families.
How disappointing has been the condition of 1947 POJK DPs could be well read from the fact that the POJK DP 1947 subjects / their leadership accepted to receive even just Rs.5.5 Lakh per family of 1947 times as full and final one time settlement for the assets left behind. Imagine what could be the amount due otherwise due to a family which had left behind assets for which claim in 1947 could be even just Rs.10000/ only ? Some family may have left behind assets worth Rs.1000 in 1947 and some may have left behind assets worth Rs.100,000. A Department-related Parliamentary Standing Committee on Home Affairs even at Para 3.2.4.3 of one hundred eighty third report problems being faced by refugees and displaced persons in J&K (Presented to Rajya Sabha on 22nd December, 2014) (laid on the Table of Lok Sabha on 22nd December, 2014 as one Time Compensation it was said that The Committee desires that one time compensation of Rs. 30 Lakh per family may be included in the package and Ministry may ensure that the package is finalized but govt paid only Rs.5. 5Lakh per 1947 family.
To be Continued
(The author is a Sr Journalist &
analyst of J&K Affairs. dayasagr45@yahoo.com).