The Bold Voice of J&K

Iron is Hot-PAK is weak-UNSC has failed to get POJK vacated-time for NDA-III to strike for POJK

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DAYA SAGAR

The only dispute / prime difference that India has with Pakistan is the illegally occupied areas of Indian state of J&K in 1947/48 and all other socio- economic issues that are often listed in the parleys / agreements / meetings between two countries are only ancillaries of very very minor significances.
It is over 75 after 1st January 1948 India approached United Nations Organisation with a complaint (under Article 35 of the Charter of the United Nations) submitting that Pakistan had ‘attacked’ Indian territories in the State of J&K that acceded to India Dominion on 26th October 1947 and Pakistan be asked to vacate the illegally occupied areas. (Letter Dated 1 January, 1948, from the Representative of India to the President of the Security Council among other facts said ” said The Government of India have instructed me to transmit to you the following telegraphic communication :”1. Under Article 35 of the Charter of the United Nations, any Member may bring any situation whose continuance is likely to endanger the maintenance of international peace and security to the attention of the Security Council. Such a situation now exists between India and Pakistan owing to the aid which invaders, consisting of nationals of Pakistan and of tribesmen from the territory immediately adjoining Pakistan on the north-west, are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India…). But UNSC resolutions after that , were no more than formal drag on process, including UNSC Resolution 307 of 21 Dec 1971, which instead of making Pakistan to vacate the occupied Indian territories in Indian state of ‘Jammu & Kashmir’ demanded that a durable cease-fire be observed until withdrawals could take place contrary to Indian claims that / were are worth treating Pakistan as an aggressor. Areas have not been vacated even when we are in November 2023.No doubt the prime issue with Pakistan still there in 2023 is of vacation of the illegally occupied areas of the “Indian State of J&K” but the agony of the 3rd/ 4rth generations of the families displaced from the areas occupied by Pakistan in 1947/48 ( POJK DPs 1947) and staying in other parts of India ( including J&K) who are hopefully hoping to return to their “hearth” left behind in occupied areas of ” J&K” in terms of the Policy of Government of India not treating them as refugees is still continuing even after over 7 decades in 2023 since the occupied areas have not been yet got vacated from Pakistan by India for their safe and happy return.
It is not out of place to mention here that decision regarding the accession of Princely State of J&K was delayed by the state for about two and half months after 14th August 1947 and it was only when Pakistani ‘raiders’ openly attacked the Princely state on 22nd Oct 1947 the Princely State of J&K decided about its future status and decided to accede to India Dominion on 26th October 1947 well explaining the reasons for delay in a letter of even date. Majority of the people displaced from ‘PoK’ (POJK) were Hindu and those of Sikh Panth from Mirpur, Muzaffrabad Districts of J&K & some parts of Poonch Jagir , where as there was lesser displacement from Gilgit- Baltistan areas of Ladakh region of the then Indian Princely state of J&K (it was more due to distances/ remoteness and religious affiliations)..Almost all the Hindu population was displaced from Pakistan Occupied Areas ( Mirpur, Kotli, Deva Batala, Bhimbar, Muzaffarabad, Gilgit, etc) of Jammu & Kashmir State in 1947 Sept -Oct / November onwards due to Pakistan aided / sponsored/ tribal attacks. There was hardly any displaced family that had not lost a family member during the onslaught.
The families displaced from Pakistan occupied areas of India state of J&K (POJK) were not treated / are not treated as refugees by government of India since they had been displaced from their own lands and had found shelter in other areas of J&K State ( mostly in Jammu province (may be around 85 percent) and in other Indian states. Sheikh Mohammad Abdullah, the then Prime Minister of J&K in 1950 named the uprooted local people of J&K as Displaced Persons vide order No. 1476-C of 1950 dated 16.12.1950 while those who had left Jammu & Kashmir and gone to Pakistan ( West Punjab) on their own in 1947/48 were termed as migrants. This clearly shows the graveness of the conditions under which people had to leave POJK. Many of POJK DPs were not able to carry even their personal documents with them since they got no time for ‘abandoning’ their hearths and had remained occupied with horrific memories for atleast about 3 decades before they could even think of making some demands and providing socio- economic security to their families.
Government of India did not consider payment of compensation / claims for the properties/ assets left behind in Pakistan occupied areas of India state of J&K (POJK) as were paid to ‘1947’ refugees from ‘West Pakistan’ pleading that the said areas will be got vacated and the displaced families shall be restored their ‘hearths’. Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the Administration of Evacuee Property Act, 1950 has not been made applicable to POJK DPs 1947.
To be continued

(The author is a Sr Journalist & analyst of J&K Affairs. [email protected]).

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