The Bold Voice of J&K

Need for National Refugee Policy

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Rajiv Chuni

International Human Rights Day is observed across the Globe on December 10 every year. First we must know the definition of Human rights. These are moral principles or norms, which describe certain standards of human behavior and are regularly protected as legal rights in municipal and international law. They are universally understood as inalienable fundamental rights “to which a person is intrinsically entitled simply because she or he is a human being,” and which are “inherent in all human beings” regardless of their nation, location, language, religion, ethnic origin or any other status. To protect the rights of Human beings, several organizations are working tirelessly in this direction but a big question arises here “Are Human Rights of all the communities being protected? If we introspect our conscience, we will not get satisfactory answer to this question because in many cases, Rights of Human beings are not protected; moreover they are being exploited by their own Governments. After post independence of India, a series of human rights violation of the citizens began in October 1947, and the said terrible spree is still continued. India which is also known as the largest democracy in the world failed to protect rights of its own people (Displaced Persons) who were forcefully thrown out of their own native places which is now know as Pakistan occupied Kashmir (PoK). It is an evident fact that Pak sponsored tribal raid was conducted in various erstwhile parts of princely State of Jammu and Kashmir. Since then, the Displaced Persons of these areas have been the worst victims of human rights. The Human rights of Pakistan occupied Kashmir (PoK) Displaced Persons is unprecedented as they have been bearing the agony for the last 7 decades and this period of their exile has been the worst example of Human Rights abuse of the most destitute community which witnessed terrible genocide of their near and dear ones.
As per United Nations Human Rights Commission (UNHRC) despite the fact that India is a host to diverse groups of refugees, the country has no specific laws or organized policy for refugees. India is neither a signatory to the 1951 Refugee Convention nor to its 1967 Protocol on the Status of Refugees. Therefore, the protection of refugees is confined to wantonness taken by the Government of India, leaving refugees with petite protection for their civil and political rights and virtually no legal provisions for their safety and welfare. The Human Rights of people whose loved ones were brutally killed has been the worst sufferers as the Government of India has no policy for the Displaced persons especially who cannot go back to their ancestral places. In the whole world, there had not been such abuse of Human Rights as it would have been occurred to Human Rights violation of PoK Displaced Persons. The history is witness that none of the country has taken much to rehabilitate displaced persons except which still has no policy regarding displaced persons.
The condition of PoK Displaced Persons from PoK is not concealed to anyone as they are still constrained to spend their lives in miserable conditions. They are deprived of basic amenities which include food, shelter, education, healthcare and many more. Even lawmakers are not concerned about it; lawmakers’ prime job is to redress the problems of citizens but our lawmakers keep on exploiting displaced persons for their petty gains which is despicable blot at the world’s largest democracy of the world.
Government of India has kept unsympathetic approach towards Displaced persons who were forcefully kicked out of PoK. Government has been talking about the vacating PoK from the illegal occupation of Pakistan and the lawmakers have been reiterating this song since 1994, the year a resolution was unanimously passed in the Parliament of India. Strange it may appear but it’s true that India is the only country in the whole which gives priority to area instead of its inhabitants. I would like to quote a fact of Northern Ireland which is under the possession of UK but the people can freely roam in each other’s territories as it seems there is no conflict there. If there is some conflict between them that would be confined to papers or some forums but there is no impact of these conflicts on them. Contrary to Northern Ireland example, it’s a distant dream for displaced persons to roam in these conflicted areas and the worst sufferers are people associated to this area. Displaced Persons are facing brunt on part of Government as neither have any policy for the displaced persons nor signatory of UNHCR.
The need of the hour is that Government must come up with a policy which will prove helpful and beneficial for displaced persons. Government needs to setup a National Refugee Commission which will open portals for displaced persons that will redress the issue pertaining to them. It is the prime duty of Government of India to make a policy that will provide succor to displaced persons who are surrounded with lot of woes since their exodus from their ancestral places.
There is a need of Uniform policy for all the displaced persons of the country whether they are the displaced of 1947, 1965, 1971, 1989 and Border Migrants. All the displaced persons communities must be treated with same yardstick as it has been seen for last many years. One more thing which is quite mandatory to say here that all the displaced persons communities of India have been the victims of manmade disaster and they all ought to be treated under same humane approach. There should not be any place for discrimination among several displaced communities and they all must be provided healing touch with utmost humility and honesty. This issue must be kept out from political arena as politicians have already exploited the concerns by one way or other.
(The author is the chairman of S. O. S. International – An Organization for PoK Displaced Persons.)

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