Madan Mohan Gupta
Soon after the Partition in 1947, Pakistan launched ‘Operation Gulmarg’ and mobilized tribes from the North-West Frontier Province (NWFP) who raided the princely State of Jammu & Kashmir. The violence that followed left thousands dead and forced more than 47,000 people from Pakistani towns near J&K and those living in the area what is now known as Pakistan-occupied Jammu Kashmir to flee. Those who fled to Jammu from PoJK are known as the “displaced persons from Pakistan Occupied Jammu Kashmir.”
As per official data, 31,779 such families migrated from Pakistan occupied areas of J&K in 1947. While 26,319 families settled in J&K and over 5,400 families due to political reason were not allowed by the then State Government to settle in the State and were initially sent to the different Camps. Gradually they moved to other parts of the country as the Government neither took care of them nor the Government called them back in the State. After they left the J&K State, their citizenship of the J&K State was snatched stating frivolous reason that “a large number of families from PoJK had migrated and settled in the State of J&K while some others opted to settle in other parts of the country”.
Here a question arises : can the Government show that our parents/fore-fathers had submitted a written option in this regard ?
Presently, the aforesaid Displaced Families from PoJK are living in Delhi, Rajasthan, Haryana, Punjab, Himachal, Uttar Pradesh, Uttaranchal, Maharashtra, Goa, West Bengal etc wherever they found shelter and livelihood. The Government of India as well as the State Government of J&K never took care of them and ignored them of any compensation. An ex-gratia payment of Rs. 3,500 only was given to some of the families which was adjusted in the cost of the house allotted to them.
After a long spell of displacement vide Ministry of Home Affairs, Union Of India letter dated 22/12/2016, a Prime Minister’s Relief Package was sanctioned for Rs. 2,000 Crore for 36384 displaced families from PoJK and Chhamb and Rs. 5.5 Lakhs was to be given to each displaced family. Under the eligibility clause only those Displaced Families were made eligible for this claim who are residing in the State. Thus DP families living outside Jammu Kashmir were ignored for this claim.
Mirpur Balidan Bhawan Samity, New Delhi filed a Writ Petition against Union of India and the State Govt. of J&K before the Hon’ble High Court of Jammu in September, 2017 praying for the relief to make DPs living outside J&K eligible for the aforesaid claim. Seven other Petitions filed for the same Relief were clubbed and heard together. Union of India filed their reply on 27/03/2019 stating that “a large number of families from PoJK had migrated and settled in the State of J&K while some others opted to settle in other parts of the country”. This statement is absolutely wrong in reference to para 2 above.
The Union of India on 05/08/2019 abrogated the Articles 370 and 35 A from the Constitution of India and there had been many changes in the State and the State was converted to Union Territory.
The UT Government of Jammu & Kashmir vide their Govt. Order No. 52-JK (DMRRR) of 2020 dated 16.05.2020 granted Registration of Displaced Persons for the issuance of Domicile Certificate to these families irrespective of the place where they are residing now. Registration as Displaced Person has been done by the Relief & Rehabilitation Commissioner Migrants, Jammu in respect of the Displaced Persons living outside J&K and also issued Domicile Certificate to them. After issue of the Domicile Certificate by the UT Government of Jammu & Kashmir to the Displaced Families living outside J&K stand at par with the DPs settled in J&K.
On 10/03/2022 the UT Government of Jammu & Kashmir filed an Updated Status Report before the Hon’ble High Court of Jammu stating that out of Rs. 2,000 Crores an amount of Rs. 1,457 Crores has been spent and the Govt. of Jammu & Kashmir intends to extend the above mentioned benefit to those families who have been left out and settled elsewhere in other parts of the country but have been victims of onslaught in the year 1947.
Vide Order dated 14/03/2022, the Hon’ble High Court directed the Union of India to file its response within four weeks’ time to the status report mentioned above. The Response by the Union of India does not appear to have been filed yet. The Hon’ble High Court after final hearing reserved the order on 10.04.2023. It has been more than six and half months time passed but the pronouncement of the order is still awaited.
In view of the above, it is evident that Displaced Families who are living outside J&K were firstly displaced from their native place in PoJK, secondly displaced from own State of Jammu & Kashmir, thirdly their citizenship of the State was snatched and lastly they were ignored of the Prime Minister Relief Package. Besides, they had to go for litigation, Hence they are more victimized. Actual victims lost their life in the hope of getting some compensation from the Government. At present hardly 2% or 3 % of the actual victims are alive and they are not mentally and physically fit after 76 years of their displacement.
What is the fault of those who settled in other States/UTs on the direction of the then State Government. As already mentioned above, they did not leave the State on their own rather they were forced and pushed out of the State initially by Kabailees and subsequently by our own Government. This way the Displaced Families living outside J&K are double victims and have faced more difficulties and problems than those who settled in Jammu and Kashmir.
In view of the above it is urged to kindly consider following demands:-
(i) Rehabilitation Package of Rs. 5.5 Lakhs to each displaced family should be disbursed.
(ii) As already requested a Displaced Persons Grievances/Relief Board may be constituted where the Displaced Persons may file their grievances because presently there is no organization which is taking care of them.
(iii) A Recruitment Drive may be commenced by which exclusively the wards of the Displaced Persons may be considered for their employment.
(iv) Reservation may be given to the wards of the Displaced Persons in Government jobs, employment and for admission in academic and technical Colleges/Institutions.
(v) Land may be allotted in Jammu to start another branch of Mirpur Balidan Bhawan Samity (Regd.), New Delhi for the welfare of Displaced Families from Mirpur. This will help the new generations of DPs to remain in contact with their native State/UT who have lost their language, culture etc.
(vi) Land may be provided to the Displaced Persons in Jammu on concessional rate in lieu of their movable and immovable properties left at their native place in Mirpur (PoJK).
(The author is General Secretary Mirpur Balidan Bhawan Samity New Delhi)
Follow our WhatsApp channel
