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Displaced families from POJK: migrants of Jammu region May be out side terms of reference , Will the all Party Delegation from Delhi plead For DAYA SAGAR 9/20/2010 11:37:13 PM For last 63 years neither Government of India nor the JK State Government has cared to even have a regular registration of people displaced from Pakistan occupied areas of Jammu and Kashmir what to talk of giving them {i] property claims {ii] reservations in education {iii} reservations in employment and instead have recovered the cost of any assistance given to them in kind out of what ever small ex gratia was paid to some of them {ex gratia was paid after 13 years of their displacement }. Many people were forced by circumstances to flee from the areas of Jammu & Kashmir State that were raided by the tribal raiders in October 1947. As alleged by India those raiders were aided and abetted by Pakistan government and regular Pakistan defence forces. Pakistan has always refuted the Indian allegations. Those who were displaced from Muzaffarabad, Mir Pur , Kotli, Bhimbar Deva Batala, some areas of Poonch Jagir were named as POJK Displaced Personnel and were treated in a different manner by government of India as compared to those families who crossed over from Pakistan (West Punjab/ East Bengal ). While others were treated as refu gees and given the claims/ compensation by government of India in lieu of their properties left behind, the POJK displaced persons were not treated as refugees. No claims of properties were given to POJK displaced families . No regular registration of POK DPs was neither done by GOI nor was it done by J&K Government. Applications for the property claims were not even invited. Government of India has all along been saying that areas of J&K occupied by Pakistan will be got vacated and the POK displaced persons will be honourably sent back to their homes in Mir Pur , Muzaffrabad etc. Sixty years have passed. Indian Parliament in 1992 passed a resolution for getting the POK liberated . It is now 2008. It is being aired that may be some settlement on territories will be made by India with Pakistan. Chiter Sen Bahri could reach India along with his sons Bhushan Prakash Bahri and Om Prakash. His father Uttam Chand Bahri, his wife and one son were killed by raiders while they were fleeing from Mirpur on 25-11-1947. Sh. Bhushan Prakash Bahri is 77 years old and can not settle in J&K since he has no State Subject Certificate. Many families may by this time have lost the memories and half documents they may have been carrying with them after they had to flee from POK. It has to be accepted that the people who left Muzafarrabad, Mir Pur, Kotli, Bhimbar, Deva Batala had seen the worst of the holocaust. In 1947 many families from Pakistan occupied areas of Jammu & Kashmir State could not even afford to flee as a unit, individuals ran for life. Many families had to leave all their belongings and documents behind. It is a hard reality that a good number of them could not carry with them documents of their properties, educational qualifications and even most important documents like State Subject Certificate. There are many families settled in J&K and outside J&K who could not get their state subject certificates re issued. In the absence of State Subject Certificate their descendents could / can not secure jobs in J&K Government as well as can not construct a house in Jammu or Srinagar. Mr. Kamal Bahri's great - grand father, Uttam Chand Bahri had two havelies,4 houses and 8 shops along with some joint property in Mir Pur and Jehlum . But he has not been able to obtain a State Subject Certificate even after 60 years of J&K acceding to India. No revenue officer in J&K has been able to advise him the process he has to follow to get a piece of land in this side of J&K for construction of a small house and ensure that his children can study in professional colleges of J&K. Even if we wishfully hope that POK will be liberated some day, will it be possible to locate and restore the properties left behind in Mirpur by people like Lt Mr. Chiter Sen Bahri to Kamal Bahri ? Therefore, such families should be invited by J&K Government through an advertisement. The money value of such properties even at 1947 price levels may be beyond the imagination of many. The POK DPs have lately raised a new demand. They have referred to the provisions kept under Section- 48 of Jammu & Kashmir Constitution for the Legislative assembly of J&K. Originally 25 seats out of 100 in the J&K Legislative assembly were kept for the POK areas. Later on the POK seats were reduced from 25 to 24 under 12th Constitutional amendment to Clause (a ) of Section 48 of J&K Constitution of 19-08-1975. The POK DPs are demanding that the seats kept POK be withdrawn and they should be allowed to contest against those seats. The demand made does have some logic. The J&K Leg islature could consider atleast some seats out of 24 seats so far kept for POK for withdrawing the same and allowing the POK DPs to contest for those seats and send their representatives to J&K legislature. An amendment to Section -48 of the Constitution of J&K should be considered by the Legislative assembly. The Kashmiri migrants who left Kashmir Valley after 1989 have been given the right for casting their vote against assembly segments of Kashmir Region. In 1960 32619 families who qualified for ex- gratia in response to notification of 1960 were registered. There were many other families who did not apply because they did not qualify under the criteria fixed for ex gratia relief. And a number of families had gone to other Indian states and hence did not register. Considering the registered families and the unregistered families the population of POK DPs as on date may be around 8 to 10 Lac. As per 2002 figures of Census Organisation of Islamabad the Polpulation of POK was shown as about 33 Lac. Since POK DPs can not vote for present assembly in POK these displaced persons could be allocated 5 to 6 assembly seats out of the 24 seats.. This could be done through a constitutional amendment first. Actual distribution could be done on ground by Delimitation Commission. This would also provide a healing touch to the families who have been neglected for last 63 years. J&K has become a reference of discussions between India and Pakistan. Those who do not treat 1947 accession of J&K with India as legitimate, are openly making public statements and challenging the authority of government of India. Some of those who are accused of terrorist activities, killings of the people and waging a war against India are so strangely on paroles with no time limits. Some are on parole with health reasons but actively participate in violent protests and hunger strikes. Mr. Sayeed Ali Shah Geelani who is accused of anti national/ anti harmony activities begs for exemption on health grounds from appearing in a trial court and is granted the same without much resistance from the prosecution. JK PDP is suggesting to GOI to workout soft working arrangements with Pakistan as regards POJK and GOI is not that uneasy with JK PDP. Under the circumstances it is very unfair to deny the due benefits and considerations to POJK displaced persons simply with a plea that in case they are granted compensations , India would lose claim on POK territory. POJK DPs must be compensated. Applications need be invited for registration of these families on national basis. A high power committee need be appointed for determination of the value of their claims and arriving at today's proportionate cost for compensation of the same. May be a property worth Rs.10000 in 1947 in some shall have be given a claim of Rs.10 Lac to 15 Lac { min } today . GOI must truthfully register them before the aging " Grand Children " even lose the memories of what the Grand Father had narrated about Mirpur properties. The unfortunate people who in the backward areas of Jammu Region { Doda/Udhampur/ Rajouri/Ramban/…} were and are affected since 1990 itself have not been treated like other migrants. Many of them desperately returned back to their homes since they could not survive away from their homes without assistance from Government. They have suffered loss of life, property, education, employment and progress. Only a Special Relief Officer { since the existing Migrant Relief Organisation has so far not sincerely owned them} for them could assess their loss and need and compensation for the neglect over last 20 years. They belong to most backward, distant and illiterate families. Will All Party Delegation from DELHI write their petition as well ? Refugees from West Pakistan are the other unfortunates. Daya Sagar is leading scribe on Kashmir affairs [email protected]   Share This News with Your Friends on Social Network     Comment on this Story

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