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| Will vote seekers list WPR demands in their election manifesto in plain words | | West Pakistan Refugees were allowed to stay on State lands in1950s but cannot join J&K State Services even in 2014 | | Daya Sagar | 3/11/2014 10:57:46 PM |
| In 1947 / there after ,in addition to a large number of State Subject families of the Indian State of J&K who were displaced from the Pakistan Occupied areas of J&K , a large number of refugees crossed over into J&K from West Pakistan areas under the pressures of partition of India. Although these refugees from West Pakistan were non State Subjects of J&K, they were still accommodated and given shelter by Maharaja Hari Singh in J&K. The J&K Government granted them rights to hold the agricultural lands even out of the evacuee properties and the state / other lands in J&K in 1954. Known as West Pakistan Refugees no doubt they are citizens of India , are allowed to conduct their normal trade activities, they are allowed to vote in Parliament Elections , they can secure employment in Government jobs other than under J&K Government , were entitled to receive the claims for the properties as refugees .
But since they were not granted the status of State Subjects of J&K ( later in 1954 renamed as Permanent Resident of J&K ) by Maharaja on their entry in J&K or by the J&K Government thereafter under Section -6 of J&K Constitution, even after 66 years they can not vote in J&K Assembly election, they can not join J&K government service, they can not buy property in J&K .
Almost all the refugees from West Pakistan are Hindu and a large number belongs to backward classes and are staying in Jammu Region.
It is not out of place to mention here that Government of Jammu & Kashmir vide Notification No.578-C 0/5 1954 of 7.5.1954 ( State Cabinet's decision No. 9578-C of 1954), had allowed the lands occupied by West Pakistani Refugees to be possessed and cultivated by them. But the West Pakistan Refugees staying in J&K and even cultivating lands in J&K for over 6 decades have not been still granted rights as Permanent Residents of J&K although there is provision in J&K Constitution where in the conditions for qualification as PRs of J&K can be redefined under Section-8 and Section-9 of J&K Constitution. Maharaja Hari Singh ( before 1947 ) and State Government after 1947 had / has granted PRC ( State Subject) status to some people as special case.
Most of the West Pakistan refugees allowed to stay in J&K were already from socially, educationally and economically backward segments. Over the years their backwardness has further grown. Their elders express their agony by saying that many of their children/ youth has lost interest in studies / education since being outside the category of Permanent Residents of J&K they can not get jobs in J&K Government , nor can they acquire professional education by joining government run institutions in J&K. They do not find any scope for them to become doctors / engineers/ advocates / professional since they can afford to pay the hefty fee to privately run professional colleges.
Hence the West Pakistan refugees in J&K have fallen back in terms of all known indicators of development ( education, quality employment etc ) that could be applied in a democratic country like India.
It has been learnt that Honourable SC Court of India in its judgment on a Writ Petition No. 7698 of 1982 decided on 20.2.1987 ( Bachan Lal Kalgotra Vs. State of J & K in (1987) 2 SCC 223 ) observed that " in the circumstances, in view of the peculiar constitutional position obtaining in the State of Jammu & Kashmir, we do not see what possible relief we can give to the Petitioner and those situate like him. All that we can say is that the position of the Petitioner and those like him is anomalous and it is up to the legislature of the State of Jammu & Kashmir to take action to amend legislations, such as the Jammu & Kashmir Representation of the People Act, the Land Acquisition act, the Village Panchayat Act, etc. so as to make persons like the Petitioner who have migrated from West Pakistan in 1947 and who have settled down in the State of Jammu & Kashmir since then, are made eligible to be included in the electoral roll, to acquire land, to be elected to the Panchayat, etc. etc. This can be done by suitably amending the legislations without having to amend the Jammu & Kashmir Constitution. In regard to providing employment opportunities under the State Government, it can be done by the Government by amending the Jammu & Kashmir Civil Services, Classification, Control and Appeal Rules. In regard to the admission to higher technical educational institutions also, the Government may make these persons eligible by issuing appropriate executive directions without even having to introduce any legislation. The Petitioners have a justifiable grievance. We are told that they constitute nearly seven to eight percent of the population of the State of Jammu & Kashmir. Surely they are entitled to expect to be protected by the State of Jammu & Kashmir. In the peculiar context of the State of Jammu & Kashmir, the Union of India also owes an obligation to make some provision for the advancement of the cultural, economic and educational rights of these persons. We do hope that the claims of persons like the Petitioner and others to greater rights of citizenship will receive due consideration from the Union of India and the State of Jammu & Kashmir. We are, however, unable to give any relief to the Petitioners".
So, there is all justification to provide Permanent Resident rights to 1947/48 refugees from West Pakistan ( West Punjab) and for modifying the civil service rules as well as issuing executive orders concerning admission in technical / professional institutions run by government for those who were allowed to stay in J&K (by fixing a cut off date). Some of their leaders place their population around 2-3 Lac. As per some other quotes there were about 5000 to 6000 such families in 1947/1950 and by that standard they might have grown to atleast about 15000 to 20000 families by this time. Any how the only question that needs to be addressed first of all is to grant them Permanent Resident of J&K status ( for that there exits provision in J&K Constitution in Section-8 and Section-9 of J&K Constitution ) by amending the qualifying conditions for citizens of India to get into the category of Permanent Resident of J&K and issue orders concerning services in state government & admission in technical institutions (Section-127 of J&K Constitution : Transitional provisions.-Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as service or post under the State, shall continue in force so far-as consistent with the provisions of this Constitution. Section-67 of J&K Constitution too could be used : Voting in the Houses.-(l) Save as otherwise provided in this Constitution, all questions at any sitting of a House of the Legislature shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such. ) as has been also advised by the Hon'ble Apex Court.
For most of the period till 1980 it has been Congress that held ( indirectly and directly) the Government in J&K and also held large majority in the Legislature. But still justice was not done to these unfortunate socially, educationally and economically backward Citizens of India. Atleast executive orders could have been issued by the government. Even National Conference that held 2/3rd majority in Legislature in 1996 did not do so for those who had been staying on state lands for about 5 decades under proper sanctions. With elections to Lok Sabha ( April/ May 2014 ) and State Legislature ( Oct 2014) in sight political parties will start approaching WP Refugees with promises, but will these parties list WPR demands in their Election Manifesto in specific terms/ plain words will remain a question?
( * Daya Sagar is a Sr columnist of Kashmir affairs & a social activist [email protected] 9419796096). |
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