Daya Sagar
In 1947 there after, in addition to a large number of State Subject families of the Indian State of J&K displaced from the Pakistan Occupied areas of J&K, a large number of refugees crossed over into J&K from Pakistan (the then West Pakistan – 1947JKWPRs) areas under the pressures of partition of India on communal lines. For refugees from areas like Sialkot in the then West Pakistan and the nearby towns/ villages, the town of Jammu was the nearest one, hence large number of refugees from these areas migrated to Jammu and adjoining areas on the Indian Dominion side / adjoining safer areas.
And in 2017, even after nearly seven decades of their stay in Independent India, they cannot vote in J&K Assembly election, they cannot join J&K government service, they cannot buy property in J&K , they cannot enter professional institutions run by J&K Government. That way in spite of their (“WP Refugees” 1947) staying in Indian state of J&K for nearly 7 decades after 1947 and in spite their being citizen of India they too are still like other Indian citizens staying in states other than J&K who too do not come in the class of Permanent Residents of J&K though like 1947 WPDPs too can vote in Parliamentary elections but not in J&K Assembly elections. It is so because they do not fall in the category of Indian citizens who can satisfy the requirements for coming in the class of Permanent Resident of J&K as defined in Section-6 of J&K Constitution. So, the fundamental rights recognized under Articles 14, 15, 16, 19 and 21 of the Constitution of India are denied even in 2016 in the Indian state of Jammu & Kashmir to the 1947West Pakistani Refugees who entered India in the year 1947 under the pressures of religion based partition of India. In a way they have been denied basic human rights which are required for ensuring dignity, survival and development of any individual
On 20.4.1927 and 27.6.1932, Notifications had been issued by the J&K Maharaja’s Government to create a specific category of ‘his’ subjects (State Subject of J&K Class-I, Class-II and Class-III) primarily for increasing the participation of his ‘local’ subjects in the governance, for administrative convenience and owning immovable properties in his state. On 26th October 1947 Maharaja Hari Singh signed the instrument of accession with India dominion whereby Jammu & Kashmir became part of India dominion.
A few thousand families from West Pakistan had been already given shelter in Jammu & Kashmir by the Maharaja of J&K by the time the Instrument of accession was signed by Maharaja Hari Singh. Although these refugees from West Pakistan (1947 JKWPRs ) were non State Subjects of J&K, they were still accommodated and given shelter by Maharaja Hari Singh in J&K. The J&K Government even granted them ( 1947JKWPRs ) rights in 1954 to hold the vacant agricultural lands occupied by them even out of the evacue properties and the state / other lands in J&K {Government of Jammu & Kashmir Notification No.578-C 0/5 1954 of 7.5.1954 ( State Cabinet’s decision No. 9578-C of 1954) had allowed them to possess and cultivate the lands occupied , possessed and cultivated by them without ownership title }. It has also been mentioned in para 1.2.1 of 183rd report of a Parliamentary Committee presented to Rajya Sabha on 22nd December, 2014 that as per the report of the Wadhwa Committee of 2007 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.
The report also says that 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 status of the State. Lands upto 12 acres of Khushki (unirrigated) or 8 acres of Aibi Land (irrigated), subject to certain conditions were allowed to be retained by them. Atleast those allowed to possess and cultivate lands in J&K for nearly 7 decades now would have been considered for inclusion in the category of Permanent Residents of J&K for what provision did exist in J&K constitution but that has not been done, why could be a question.
No doubt WPR1947 are citizens of India , they are allowed to conduct some normal trade activities, they are allowed to vote in elections to Indian Parliament and they can secure employment in Government jobs other than under J&K Government. Of course as Indian citizens ( having come to India dominion after partition leaving behind their assets in Pakistan) they were entitled to receive the claims for the properties as refugees but since they settled in J&K and the Enemy Property Act as well as DP Act 1954 and other related Acts are not applicable to the State of Jammu and Kashmir they could not get money as compensation from the Ministry of Rehabilitation, therefore, whatever compensation was paid in 1947 to these families was paid out of the coffers of the State of Jammu & Kashmir ( information is also contained in a report ( 183rd report – problems being faced by refugees and displaced persons in J&K – (presented to Rajya Sabha on 22nd December, 2014 and also laid on the table of Lok Sabha on 22nd december, 2014) prepared by a Committee of Parliament as noted at para 2.1.14 based on submissions made before the committee by Union Home Secretary in 2014.
To be continued
(Daya Sagar is a Sr Journalist and a social activist, can be reached at dayasagr45@yahoo.com)