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Draconian Resettlement bill for J&K
Surendar Kaul1/1/2019 9:58:35 PM
The Resettlement bill for the return of Muslims those moved to Pakistan Occupied Kashmir from 1947 to 1954 was tabled in J&K Assembly by Abdul Rahim Rather, Minister in the cabinet of Late Shiekh Mohd Abdullah's in March 1980. At the very outset, it was most misconstrued political move.
Sheikh Mohd Abdullah with definite designed had conceived to invite Muslims to offer them the citizenship right, who had left Jammu and Kashmir in the wake of partition and settled in different parts of Pakistan. In 1982 Jammu and Kashmir assembly passed the bill and The Jammu & Kashmir Grant of Permit for Resettlement in ( or Permanent Return ) became the State Act, in March,1982 to "provide for regulation of procedure for grant of permit for resettlement in or permanent return to the State of the permanent residents" and their descendants, wife or widow who had migrated to Pakistan between March 1, 1947 and May 14, 1954 .The bill known as Bill No 9 became law on October 6, 1982 . Governor B K Nehru returned it for reconsideration. Amid the Congress's opposition, the Bill was again passed by both Houses; However governor referred the Resettlement bill to the then president of India late Giyani Zail Singh, who further directed the bill to Supreme Court of India for opinion. Meanwhile, Bhim Singh filed a writ petition in the Supreme Court of India against this Act in 1982. Since then the case has been before the Supreme Court of India for final disposal.
Since that period, this Resettlement bill was left over on the shelves of Judiciary for decades. On Dec 13, 2018 Supreme Court of India bench headed by Chief Justice of India by Gogoi flanked by two other justices S K Koul and K K Joseph , after hearing a brief argument from Prof Bhim Singh, senior advocate and a petitioner as well, the case was listed for further hearing in the second week of January, 2019.
Looking back on the design of drafting the bill, the think tank of National Conference leadership ought to have had deep political introspection on content of the bill and its all forms of fall out. Was the bill going to benefit the people of all the three regions of the state? What could be the ramification of this bill over the three regions of the state? What could be the possible resources within the state for the economic sustenance of the resettlement of the population influx? How far, Indian Govt would have been in consonance with the state on such influx? Isn't this act going to endanger the security system within the state? One can't rule out ISI planted long term sleeping cells among the hordes of people who were to take citizenship under resettlement act. These were the primary issues which were required to be thrashed out before contemplating Resettlement bill and making it an act.
Here, the intent, in introducing the Resettlement bill was purely of religious colour. It was aimed to get Muslims population back to change the demography of the state to full fill the ultimate dream of Late Sheikh Abdullha becoming Sultan of Kashmir.
If one goes by various reports published during or after partition, the reported estimate of Muslim population displaced from Jammu region was said to be half a million as per the account of British historian Alex Von Tunzelmann. Horce Alexander' 1948 article in The Spectator puts the number killed at 200000. Another report in Times London states were systematically exterminated unless they escaped to Pakistan along the border newly created. There are no official figures available. The number given by western writers about the extermination of Muslims in Jammu region were exaggerated in light of their particular strategic stance taken towards India, that time. Scores of British officers at the time of partition of the country played dubious role which was beneficial to Pakistan strategic interests.
Instead of working on Resettlement bill, NC leadership, that time should have focused on the granting citizenship right to Hindus and Sikh refugees of West Pakistan who came to Jammu region in 1947 at the time of partition . The number of these refugees' families of about 5764 in Jammu would have not tilted the demographic supremacy of Muslim majority status of the state. They are deprived of their basic right to vote for State Assembly election, denied any kind of Job in state Govt. which is funded by Indian state and can't own any property in the state; when they had been living in Jammu region for last seven decades. This is the extreme of exploitation by the Muslim dominated politicians and intellectual in the state which failed to act as real humanist and secularist in helping to grant long pending citizenship right to these refugees of Jammu.
Another stigma attached to ruling political class of the state is of the Valmikhas, who were hired from neighbouring Punjab in 1957 by Late Bakshi Ghulam Mohd for scavenger job with the condition of their settlement. Their case of citizenship in the state is also in limbo, with the result, their rights are curtailed. Similarly, the deprivation of citizenship right was in the case of descendents of Gorkha regiment living in Jammu. Gorkhas were engaged in Dogra army during pre independence? All these deprived and ignored sections of humanity had been peacefully struggling for their basic rights in Jammu regions but they are left high and dry by political class, in democratic India. This shroud of uncertainty of not giving state citizenship rights to these three sections of people in the state was because of them being non Muslims by faith. It is evident by the action of NC successive leadership that the secularism slogan shouted at the top of their voices is blended with communal hue and shade. None of their leaders or religious heads was a front to pontificate the majority people for peace and brotherhood against sponsored terrorism. On the contrary, dozens of intellectuals led by Hossain Touufique Imam in Bangladesh urged the people to vote for liberation and against communalism and fundamentalism which were broadcasted on TV channel for public awareness. Such humanist and real secular genius persons who care for the well being of masses are to be applauded and saluted. State has the leaders who are more opportunist and power greedy for which they shift their sails.
Majority community never stopped its agenda of turning Jammu and Kashmir a complete Muslim Majority state. According to plan they succeed to force Kashmir Hindu minorities to leave their home and hearth in a ferocious situation created for them. Their boys crossed over to Pakistan under the direction of religious leaders for arms training, and imported arms and ammunition to wage a war against Indian state. Kashmiri Hindu minorities were first soft targets selected by terrorist in 1989-90 to create fear psychosis. State administration was paralysed. Dr Farooq Abdullah was on run. Central agencies headed by IAS and IPS were numbed. Kashmiri Hindus were helpless with no protection for their lives and property as a result they left the valley to take refugee where ever they could.
Kashup Bhandhu (late Sh Tara Chand Bhatt) social reformer, J&K State Cabinet Minister, headed by late Shiekh Mohd Abdullah, as PM; once in his interview to AIR, Srinagar stated," Shiekh Sab was first Muslim then a Kashmiri." This is indicative enough that predominance of Islam in the party was inborn. Now latest seed of radicalisation has pushed Kashmiri more towards militarised Islam and in vicious circle of violence.
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