By Daya Sagar
It was on 19 March 2016 that a notification was issued by Deputy Commissioner Jammu ( J&K) stating that some draft guidelines regarding disbursement of relief of Rs. 2,000 crores (Rupees two thousand crores only) sanctioned by the Ministry of Home Affairs Government of India as one time settlement of DPs of POJK 1947, Chhamb DPs of 1965 and 1971 (camp/non-camp) have been formulated by the Divisional Commissioner Jammu that have been received by him under letter No.1402/DPs/OT Settlement /2113-15 dated 05-03-2016. The guide lines were also uploaded in the district website jammu.gov.in and comments / suggestions were asked from the public / POJK DP families by 30th March 2016.
Clause -2 of the Draft Guidelines too said that according to Displaced Persons ( Settlement) Act 1971 , “a displaced persons ( DP) means a persons who is a permanent resident of State and who, on account of the setting up of the two Dominions of India and Pakistan, or on account of civil disturbances or fear of such disturbances in any area of the State occupied by Pakistan has, after the 1st day of March 1947 left or been displaced from his place of residence in the occupied area and who has been residing outside such area in the State and includes the successor in interest of any such person”.
The draft guidelines further said that , however after the Indo Pak Wars of 1965 and 1971 and subsequent migration of people from Chamb area to Jammu and other adjoining Districts like Samba and Kathua , the aforesaid definition has been broadened . Now DPs include all the four categories viz DPs of Pak occupied Jammu and Kashmir 1947, Chamb DPs of 1965 & 1971 (Camp as also non Camp).The definition of POJK 1947 DPs as laid in the Act of 1971 had not since been modified and was repeated in the 2016 notification on draft guidelines for disbursement of so called one time settlement. Half indications did emerge that may be due to this definition of 1947 DPs of POJK the 5300 families whose data was available with Government but who were staying outside J&K in some other Indian State were excluded from the proposals sent to GOI in October 2014 for some payments to DPs. But in case it was in view of the DP definition in The Jammu And Kashmir Displaced Persons (Permanent Settlement) Act 1971 Act No X of 1971 then one would question how could the definition be broadened to include 1965/ 1971 DPs ? And the answer surely is that the case of POJK DPs has so far been taken not that seriously by all the governments. More so no one would stop the present government to even get an Act passed by legislature so as to amend the definition of POJK DP Family as could be alleged to have erroneously incorporated in the J&K DPs (Permanent settlement ) Act of 1971.
Clause -4 of draft guidelines conveyed that the Government of India in the Ministry of Home Affairs after considering the proposals sent by State Government on 22.10.2014 for one-time settlement of DPs has sanctioned and released an amount of Rs. 2000 Cr in the first instant as one time settlement for 36,384 DP families of various categories (DPs of Pakistan Occupied Jammu Kashmir are 26,319, DPs of 1965 are 3,500, DPs of 1971 are 6,565).
The norms / amount for disbursement of one time settlement was not mentioned in the notification / draft guidelines and here too it was in a way conveyed that the families (so far 5300 families out of 31619 as per government data) who after 1947 displacement went to Indian states other than J&K are not recognised as POJK DPs 1947 although it was mentioned in the guidelines that DP family of all categories viz Pakistan occupied Jammu Kashmir, Chamb 1965 and 1971 ( camp as also non camp ) will be paid one time settlement irrespective of the relief / rehabilitation assistance they got in the past. Continued
(Daya Sagar is a Sr Journalist and a social activist and can be reached at [email protected])
