Kafkaesque existence for PoK refugees

Harbans Singh Mahalwee
General Secretary, Muzaffarbad PoK Refugees Welfare Society, Punjab

One is compelled to ponder over a question posed by former Secretary-General of the United Nations High Commissioner for Refugees Antonio Guterres: “What would you do if you were forced to leave your home?” 

Today, more than 68 million people around the world are refugees or internally displaced as a result of conflict or persecution. That is equivalent to the population of the world's 20th largest country. Last year, someone was displaced every two seconds, mostly in poorer countries. Today, on World Refugee Day, we must think about what more we can do to help them. It begins with unity and solidarity. It is deeply disconcerting to see the increasing number of situations where refugees are not receiving the protection they need and to which they are entitled. As long as there are wars and persecution, there will be refugees.

Particularly pathetic is the plight of displaced persons of Pak-occupied Jammu and Kashmir (POJK DPs) of 1947 in Jammu and Kashmir. They are suffering even after the passage of almost 70 years of displacement from their native land. They deserve immediate remedial measures.

To solve the problems being faced by refugees and displaced persons in J&K, Report No. 183 of the Department-Related Parliamentary Standing Committee on Home Affairs was placed in both Houses of Parliament on December 22, 2014.

In Para 1.3.1 under the head POJK DPs 1947 of this report, the Ministry of Home Affairs apprised the committee that in the wake of Pakistani aggression in Jammu and Kashmir in 1947, a mass exodus of population from Pak-occupied area of Kashmir (POK) took place. The ministry also stated that as per the available records, 31,619 families were registered with the Rehabilitation Organisation, Jammu, of which 26,319 families opted to settle down within the state of J&K and 5,300 families settled outside (Delhi 1,901 families, Maharashtra 123 families, Rajasthan 495 families and most of the 2,781 families in other states are in Punjab, Haryana and Himachal Pradesh). Out of the 26,319 families, around 22,719 opted to settle in rural areas, and 3,600 in urban areas. 

However, no claims for compensation in lieu of the properties left behind by these displaced persons were invited by the Government of India as POJK was treated as an integral part of India. The Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the Administration of Evacuee Property Act, 1950 are not applicable to the state of Jammu and Kashmir.

As per Para 1.3.2 of this report, in order to mitigate the hardship of these families, the Government of India decided to provide ex gratia/rehabilitation assistance. 

Further, it has been described in Para 3.2.19.3 of the report that though all may not be treated on a par, their problems need to be addressed properly and a suitable solution should be found and equal treatment to all displaced persons (DPs) be given.

The West Pakistani refugees have also been placed on a par with other displaced persons in the same financial package, ie Rs 5.5 lakh per family after 70 years. Para 1.2.2 says that the West Pakistani refugees settled in Jammu and Kashmir are very much citizens of India. They have the right to vote in the parliamentary elections but they do not enjoy voting rights to the state Assembly and local body elections. There is no provision of a separate citizenship for the state. However, they are not permanent residents of the state in terms of the J&K Constitution. So, these families could not be provided the benefits which had been provided to POJK refugees.

While the decision of the government to facilitate the West Pakistani refugee community waiting for justice since 1947 is creditable, it is not easy to understand the dual policies of the Indian government. In the package of Rs 80,000 crore announced by Central government on November 7, 2015 for J&K, Rs 5,263 crore under the Head Security and Welfare of Displaced People has been earmarked which includes Rs 2,000 crore for the DPs of POJK 1947 and DPs of 1965-71.

The financial package announced by the Prime Minister in 2015 was to mitigate the hardships of all DPs of POJK of 1947 and the 1965 and 1971 wars. These displaced families of 1947 had already been identified by the government and some benefits had been provided to them. 

The 5,300 families who were not allowed to stay at Jammu after being displaced from Muzaffarabad, Kotli and Mirpur districts of Pakistan-Occupied Kashmir due to short resources of the state were shifted to different transit camps like Chakrata, Yol and Kurukshetra. These camps were controlled by the government and from these camps the DPs were shifted to different states according to the availability of agricultural land or residential quarters. An ex gratia amount of Rs 3,500 per family was distributed through the PRO, Jammu, from 1962 to 1965. Out of this ex gratia, the cost of land or quarter was deducted along with interest. This is all that the 5,300 families have received from the government in 70 years whose family members were brutally massacred by the herds of tribes and Pakistan Army. These families opted to live in J&K state to save their religion, children and young girls. 

The representatives of POJK DPs 1947 had been approaching each government to solve the genuine problem of getting some compensation for their properties (movable and immovable) which was finally recommended by the previous J&K government as one-time settlement .The total amount was only Rs 9,096 crore, ie Rs 25 lakh per family. This amount was increased to Rs 30 lakh per family by the Department-Related Parliamentary Standing Committee on Home Affairs in 2014. Although the process of distribution of Rs 5.5 lakh per family has been started for J&K residents, the inclusion of 5,300 families settled in the other states is still awaited.

A profound sense of loss and loneliness prevails in the hearts and minds of these 5,300 displaced people of POJK. The insensitive attitude of the authorities towards them acts as a wet blanket to their woes. Their rehabilitation should be taken up seriously by the government. The pain and trauma becomes more acute and adds to the miseries when there is lack of understanding on the part of the authorities. 

The DPs of POJK-1947 settled outside J&K await justice from the Central and J&K governments as they have been deprived of all benefits announced by the governments.