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| Can wives and children of militants accepting rehabilitation scheme be residents of J&K? | | | Early Times Report
Jammu, June 25: Will those militants, who are married and have children, willing to return to the valley from Pakistan occupied Kashmir, where they had gone for arms training, be able to carry their family members with them once they start their journey back to Kashmir ?
This question has assumed significance after the Government announced that about 108 militants were to be back to Jammu and Kashmir from across the LOC their declaration they were ready to live in peace after having abandoned the culture of gun.
Latest reports said that out of the 700 applications received from the parents of the militants 28 had been cleared under the rehabilitation scheme and another 100 applications were being cleared by the end of the current month. Once the process was complete 108 militants would be with their parents in Jammu and Kashmir after a gap of many years.
Under the policy of rehabilitation the Government and its agencies including the police have to carry out identification, screening, travel, debriefing, rehabilitation and reintegration. For completing this process clearance from various Government agencies including the intelligence and security agencies, is mandatory.
But under the state constitution those militants who are married are about to return to Kashmir cannot carry their wives and children back home. This is so because for all practical purposes they are neither the citizens of India nor that of Jammu and Kashmir State. They are the citizens of either Pakistan or Pakistan occupied Kashmir.
Official sources said that they can visit Jammu and Kashmir and be with their husbands on a temporary basis as they cannot be treated as permanent residents of the state.
Under the provisions of the state constitution if a permanent resident of Jammu and Kashmir (male) marries a woman who is a citizen of India that women can become a permanent resident of the state by virtue of having married a man who is a citizen of Jammu and Kashmir.But in case a woman,belonging to Jammu and Kashmir, marries a man ,a citizen of India, she loses the permanent residentship status.
Constitutional experts say that in case the state Government wanted that the family members of the militants, who had crossed over to occupied Kashmir for arms training and were keen to retrun to their native state, it should amend the relevant sections of the constitution of Jammu and Kashmir.
Another question doing rounds in the state pertains to the approval to the rehabilitation scheme by Islamabad and Muzaffarabad.Reports saying that the officials of the Indian High Commission in Islamabad will travel to Muzaffarabad for issuing the visas to those militants cleared by the Government for return to Jammu and Kashmir.This indicates that there is some agreement between New Delhi and Islamabad otherwise allowing militants to return to Jammu and Kashmir would expose Pakistan's assistance to cross border terrorism.
Yet another issue that needs Government clearance is about the exact number of youths who had crossed over to Pakistan occupied Kashmir for arms training between 1989 and 2009.This is needed because intelligence agencies say that there are over 5,000 Kashmiri youths in Pakistan and occupied Kashmir.And if there are over 5,000 Kashmiri youths staying across the border why only 700 have applied for return to Kashmir?
Is acceptance of the policy of rehabilitation part of a bigger mischief on the part of Islamabad? The authorities in Srinagar and New Delhi need to review and reexamine it. |
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