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| Apathy towards refugees | | | By (Adv.) Ramesh Arora | 3/17/2012 10:35:44 PM |
| In 2012 assembly session took note of the plight of refugees. But no amendment in legislation was made to redress this problem. There was no move for solution the concern was expressed. Whether it is sufficient? Who is responsible?
The great liability of the MLA/MLC compared to men of other profession/institution is that their work is out in the open where every one can see it. Politician or ruling parties cannot bury their mistakes or screen short coming by blaming opponents and hope people will forget what they have done or was supposed to do. They are with mandate to do the justice. Especially where basic human rights are violated. Matters are also pending in different courts but every law knowing person is aware that they have to deliver justice within para-maters laid down by the constitution and legal system. Hon'ble Supreme Court was approached by few legal battle was also fought to get human rights, which were violated by Jammu & Kashmir Govt. Centre government can not escape from its contribution to the said violations Supreme Court in AIR 1987 Page 1169 decided the petition by Hon'ble Judge O.Chinnappa Reddy and Hob'le Judge S.C. S. Nata Ranjan W.P. Civil No. 7698 D on February 20, 1987 titled Bachan Lal Kalgotra V/s State of Jammu and Kashmir and others. Petitioner projected their grievances as refuge migrated from West Pakistan on painful Partition and settling these in Jammu and Kashmir and denial to right in matter of elections to state assembly, appointment in services, acquisition of immovable property etc by the J&K government. Hon'ble Supreme Court observed "that a petitioner have a justifiable grievance.
We are told that they constitute seven to eight per cent of the population of the state of Jammu and Kashmir. In the particular context of the state of Jammu and Kashmir, the union of India also owes an obligation to make some provisions for the advancement of the cultural economic and education rights of these persons. We do hope that the claims of persons like the petitioners and others to exercise greater rights of citizenship will receive due consideration from the Union of India and State of Jammu and Kashmir". But this observation do not find any place in legislation of state or centre and they failed to get justice and denial of Human Rights continued.
A committee was constituted vide Govt. order Rev/REHAB/151 of 2007 submitted its report over the demands and problems of displaced persons the reference also include problems of displaced persons of 1947, 1965, 1971, PoK and displaced person from West Pakistan. Not only to identify the problems, they were further directed to suggest adequate measures for addressing the problems. 31, 619 PoK Displaced families were registered with provincial Rehabilitation organization, which was disbanded by the state Govt. in 1982.
A little bit of effort was made vide cabinet order 578-C of 1954 Dt. 07.05. 1954 and 21,116 families were settled in different parts of the state 6,80,850 kanal of E.P. Land and 243000 kanal of state land was allotted to them as per official report.
These facts require verification on ground as the record is for away from ground reality. Govt. order No. 254-C of 1965 gave right of ownership with respect to stand land and tenancy rights were provided in evacuee land u/s 3 (A) of the Agrarian reform Act 1976.
Ex-gratia payment @ 25000 per family to those displaced person of PoK who were held in Pak captivity between September 1947 and December 1950. And same amount was fixed for those who did not stay in campus but with certain conditions. 25000 Ex-gratia per family, where head of family did not move alongwith family before cut off date was another condition imposed for sufferer. Ex-gratia relief was subject to the condition that income of each family did not exceed 300 per month. Such type of conditions reflect intention of the state government to harass the persons /refugees who were forced to migrate from their houses in viscous conditions.
State Government has reduced this compensation for rural settler @ 7000/- appropriate 10,000 families did not get the relief till date even after registration. We can imagine a situation where members of family was killed. Some lost elder member, some lost whole family. No record, no evidence was there to establish their claims. Separate department was not established to catter their needs in such petty conditions. Even after 65 years of Independence full data is not available and so called records were prepared by the state government and as per these records from West Pakistan total 5,764 families constituting 47,215 heads migrated and settled in Jammu, Kathua and Rajouri Distt. 46,466 kanal state/EP land retained by these taking the benefit of cabinet order No. 578C/1954. 1965 camp DPS war migrants was settled in 6 or 7 villages. 15000 families uprotted. 1971 war refugee were given so called package, 1965 claim made 1987 verified but still struggling to get their dues as non camp DPS of 1971. Committee constituted vide government order No. Rev/REHAB/151 of 2007 Dt. 09-05-2007 under the chairmanship of G.D. Wadhwa started its functioning on 19-05-2007 completed the complicated job with so called solution in seven meetings and shifted responsibility on Public representatives saying "…However, the representative of displaced persons were called upon to furnish the list of families who have not been registered so far as also the details of the compensation and pending deficiency in land in respect of any category of displaced person. But they could not furnish the details". Onus was shifted to protect the casual and callous approach of the state as well as of centre government.
31,619 were POK displaced families registered with erstwhile provincial rehabilitation organizations which was disbanded by the state government in 1982.
The figure means that total heads at initial stage was approximate 1,58095 and in the year 2012 the figure might have touched approximate 9 to 10 lakh.
Record shows that 21,161 families were settled over 6,80,850 kanals of state land allotted to them in compliance of cabinet order No. 578-C of 1954 Dt. 07-05-1954 and vide government order No. 254-C of 1965 right of ownership in respect of state land and occupancy tenancy rights with respect to evacuee land were given but corrupt politicians, bureaucrats and compulsion of refugee for their struggle for survival do not support data.
(Continued part III……) |
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