Not only the 1947 Refugees from West Pakistan settled in J&K, even the erstwhile “State Subjects of J&K” who were forced to run for life under the onslaught of Pakistan sponsored attack on J&K in October 1947 who are known as 1947 Displaced Persons from Pakistan Occupied areas (1947POJK DPs) are running from pillar to post for nearly 7 decades for getting claims / compensation for their properties left behind in 1947. Some half-hearted exercise was done by J&K Government in 2014 in the name of some financial assistance as “one time settlement” and so strangely from that too 5300 families ( at the time of 1947 displacement ) recorded by Government out of total 31619 families of 1947DPs who are staying in Indian states other than J&K have been excluded /disowned by J&K Government.
Not only that , as per a communication No.I9l2l2013-R&SO dated 13-01-2017 by the writer from S.K.Parida Ministry of Home Affairs Government of India (FFR Division) in response to a grievance addressed to PM Under Secretary to Govt. of India Government of Jammu & Kashmir has identified 36,384 displaced families from Pakistan occupied Jammu & Kashmir (PoJK) of 1947 and Chhamb of 1965 and l97l and sent a proposal for ‘one time settlement’ of these displaced families and accordingly, central assistance of Rs 2,000 crore for one-time settlement to be disbursed @Rs. 5.5 lakh per family under the Prime Minister’s Development Package for Jammu & Kashmir 2015 has been approved by the Government of India.
In the number 36384 mentioned in the communication dated 13012017 26319 families are of POJKDPs1947 and 10365 families are POJKDPs of 1965 & 1971. Imagine in 2017 what could be the worth of assets of just Rs.10000 in 1947 if deposited in bank would have grown to Rs 110 Lakh and more. Where does stand the logic for paying Rs.5.5 Lakh uniformaly to all as one time s
ettlement? Is it because the POJK DPs have all these years made requests in very submissive tones?
So, strangely even Government of India has expressed helplessness in correcting such negative approach J&K Government. Is it so because the majority of the families are Hindu & Sikh and are settled outside Kashmir Valley, is the question being asked by many.
The alleged adverse effects of the J&K State laws are in general seen as being due to the provisions contained in Art-370 of Constitution of India .Whereas most of the discriminatory laws/ government orders /provisions in J&K Constitution are instead protected under the cover of constitutional concessions extended to Indian state of J&K on 14th May 1954 by ‘amending’ the Constitution of India under The Constitution (Application to Jammu and Kashmir ) Order of 1954 C.O.48 issued by President of India so as add a new article by the name Article 35A in the Constitution of India after article 35.There are available provisions with J&K Government as well with J&K Legislature for undoing the objectionable affects of some laws and orders infringing upon/ violating human rights/fundamental rights of some citizens of India who do not fall in the class of Permanent Residents of J&K ( Section-6 of J&K constitution) but the corrections have neither been initiated not applied all these years. It is alleged by many that some of the needed corrections that could be applied even without any constitutional implications by State Government too have not been applied since demands related to such discrepancies had been raised mostly by people residing outside Kashmir Valley only. In a way such like views have added to regional divides. The 1947 Refugees from West Pakistan settled in J&K who are possessing and cultivating lands ( in terms of Government of Jammu & Kashmir Notification No.578-C 0/5 1954 of 7.5.1954 ( State Cabinet’s decision No. 9578-C of 1954) are the most affected families and have been agitating for last more than six decades.
To be Continued
(Daya Sagar is senior journalist and social activist can be reached at dayasagr45@yahoo.com)