Ashok Bhan
Kashmir was considered the abode of Saraswati, the highest seat of learning in India, and was also referred to as Sharda Peeth. So much so that students on graduating from Kashi would take four symbolic steps towards Kashmir, denoting their aspiration for higher learning. Almost the entire body of Sanskrit literature has its origins in Kashmir.
Kashmiri Pandits have rich heritage and their roots are engraved in the soil of the Valley for more than five thousand years. That can neither be destroyed nor obliterated by any power more so by unleashing terror and vicious campaign.
Realities are, at times harsh and strange. The harsh ground reality in today’s age of enlightenment is – Kashmir today is without Kashmiri Pandits. The aborigine community of Kashmir, are out in exile, in this modern age of reason and enlightenment. The forced exile of the Kashmiri Pandits in 1990, designed to effect the motivated ethnic cleansing, will go down as a big BLACK SPOT in the history of Kashmiris.-The aborigines are in continuous persecution and genocide facing for hundreds of years. The atrocities were peaked during despotic rule of tyrant kings.
The irony is that they did not get any respite/Justice even in the bright days of the enlightened times, especially in the post-independent days of India. Whatever be the vicissitudes of their history all pale into insignificance when we look at their present plight. The colossal crisis through which the exiled community or for that matter the entire Kashmiri society is passing through is in reality- the crisis in the country’s great values – the perversion in practise of its constitutional jurisprudence, the sociopolitical and moral norms.
Acute fear and scare had been created which gripped the Kashmiri Pandits from September 1989 onwards after killings of prominent members of the community. The Pandits started feeling what they had felt when hounded by Afgans in the second half of the 18th century – “there is fear and dread in the city. Prepare for journey, disorder is dominant in this city, we are the targets and victims.”
A consensus across political spectrum in Country and in Jammu and Kashmir for the reversal of Exile of KPs. The continuing promises by Modi:2.0,the expectations of the native population living as refugees in their own Country,skyrocketed for the return to their homeland.
PM Modi urged people of the country and Jammu and Kashmir -come, let us all together, build a “new Jammu and Kashmir and new Ladakh” with the new India’: he said, I have complete faith, under this new system, we all will be able to free Jammu and Kashmir from terrorism and separatism and mainstream it with rest of the country. He called it a Naya Kashmir of newer opportunities and forward movement toward peaceful life . Those from Jammu and Kashmir who live elsewhere for reasons of turbulence in the Valley will be helped to return to their homes will be helped in the PM Modi declared.
After almost five years plus 5th.August 2019 decision of abrogation of Article 370 and 35-A, a sense is gathering around that the plight of native exiled Kashmiri population is being slowly forgotten. Everybody sheds crocodile tears over their suffering, but nothing by way of action is seemingly visible by the Modi-2.0 and JK Union Territory Government. The larger presence of Pandits, as an important stakeholder and a relevant component in strengthening the idea of India in Kashmir and ushering in peace, and civilisational inclusiveness is less talked about in the din and noise of integration and mainstreaming of Kashmir.This objective is laudable but it is unachievable without the physical presence of seven hundred thousand population of aborigines Pandits back in the valley at least in three smart cities in Srinagar,Baramulla and Anantnag.
Kashmiri Pandits have an existential stake in the Valley. They have to be physically present on the soil of the Valley as living component and stake holders and day to day participants in the socio-economic, political, cultural and spiritual ethos of Kashmir valley, otherwise how will the present as well as future generations realise that Kashmir is the keystone of their heritage through millennia, finding mention even in the Indian oldest scriptures?
The choice of exile was forced on the Kashmiri Pandit community by Pakistan-sponsored terrorists who imposed their writ on Kashmir by unleashing death and destruction. Killing one and scaring a thousand was a concerted plan neatly executed by local terror groups. The State Government at that time abdicated its constitutional duties, created a sociopolitical vacuum and left people’s life and liberty at the mercy of looters, marauders and terror groups. The terrorist violence is unabated till this day. The terrorists maimed, killed, lynched and looted a large number of Kashmiri Pandits and other natives. The terror-stricken Pandits ran for life, leaving their homes and hearths behind them.
The forced migration of 1990 left the Kashmiri Pandit community shattered physically and psychologically. Scores of social organisations worked day and night on voluntary basis to bring succour to the exiled. In a permissive, soft and caste-ridden Indian state and in many ways cruel, the exiled illustrious Kashmiri Pandit community have been created as refugees from its own flesh and blood and have been cast aside to fend for themselves. To survive as a distinct community is next to impossible in presentday world until the exile is reversed and rehabilitated physically back in the Valley. They are working relentlessly for the protection of their distinct socio-cultural entity. Their struggle is still going on.
Exiled Pandits petitioned before NHRC from 1994- 1996 for enforcement of their Human rights and right to life, the NHRC way in 1998-99,in its historical full commission judgment, headed by Justice Venkatchaliah an eminent Jurist and former Chief Justice of India- held the systematic/planned ethnic cleansing inflicted on Kashmiri Pandits by terrorists that forced them to exit their homeland as -Acts of akin to GENOCIDE.
The exiled Kashmiri Pandits for several years are demanding high level judicial commission of inquiry. There are very strong grounds legally and otherwise to set up a Commission of inquiry headed by a retired Supreme Court Judge to be assisted by DGP, director intelligence bureau, director of Central Bureau of Investigation and Director General of National Intelligence Agency to probe into the heinous crimes of murders, loot, rapes, forcible land and properties acquisition, grabbing of religious endowments properties across the Valley. Sometime back, on the recommendation of State administration the MHA while banning the separatist’s outfits described ethnic cleansing and purging of Kashmiri Pandit community, as the principal ground to Seal and Ban the separatists/terror outfits operating in Kashmir. The admission by State administration and MHA through Union Home Secretary Is in public domain, These recommendations further fortify the pleas for the probe by the victim Kashmiri Pandit community
Politically, the Kashmiri Pandit’s view, post inoperable Article 370 and conversion of JK State to a bifurcated Union Territory, the subject of Jammu & Kashmir has become enveloped in a dense opacity with layer upon layer of distortions of history, selfserving myths and competing political interests. Peeling off these layers by revisiting history, without prejudice on the real issues involved, can only help in our collective search for a brighter tomorrow for Jammu & Kashmir.
The Jammu & Kashmir policy shall coordinate between, what the country peruses as domestic policy qua the JK Union Territory as GOI, on one hand and the treatment of Jammu & Kashmir, as an issue in Indo-Pak relations and in India’s foreign policy in general. A coherent and effective policy on JK affairs must bring all these components together in an internally consistent manner.
One of the most profound and important component of the fresh policy outlook for better tomorrow in Jammu & Kashmir is -the Return, Restitution and Retention of exiled Kashmiri Pandit Community as a concentrated religious Minority Community In their homeland Kashmir Valley. This community by the acts of terrorist violence was ethnically cleansed and exited from their homeland where their roots are engraved for more than 5000 years.
The return of Pandits to their homeland cannot be achieved unless the Government of India and that of the Jammu and Kashmir Union Territory are on same page to plan out a common and comprehensive return module and enforce the same in timebound framework.
Successive Governments have promised , the return and settlement of Kashmiri Pandits with socio-economic and political empowerment back in the Valley but so far the promise has remained hollow.Modi 2.0 before general elections must take the exiled Pandits on board for resolution of all the issues concerning Kashmir affairs,as stakeholders. The Pandits must be returned in a time bound manner back to the Valley, to fully enjoy with dignity and political empowerment the right to life and liberty in their homeland. The peace will always elude until the exiled natives of the Valley return physically to their roots and homeland.
New Delhi -the current Modi -2.0 Government has a constitutional and political responsibility and demonstrate a strong political will for the return and rehabilitation of native exiled Kashmiri population back to homeland.It has to create safe and secured at least three smart settelite townships with modern infrastructure, housing colonies etc, provide adequate jobs to the educated youth and rescind the distress sales of immovable properties and secure all the religious places, cultural centres and endowments. There is a pattern of new cultural aggression on this community by way of grabbing of religious shrines and its lands and properties The shrines and religious endowments are in grave danger from the grabbers and vested interests!Till the time the KPs return to Valley the UT administration shall constitute a high power committee headed by Chief Secretary and induct one prominent KP on the said committee to protect,upkeep,preserve and manage the religious shrines,its properties and free them from all the illegal and fraudulent occupations.
The greater obligation lies on the Central and the UT Governments is to create a conducive economic and socio-political environment for reversing their exile, plan and facilitate their early safe and dignified return to their homeland. Otherwise Modi”s tall leadership and moral authority would be seen wanting on this issue. Thirty three (33) years is too long an exile for this illustrious community to have sufferend. It is now or never situation for them. Native Kashmiri Pandits are longing to return to the Valley – their roots are calling to return to homeland.
KPs want to contribute along with other natives for the revival of the Valley back to its glory of “Firdous Bar Roo-I Zameen Ast”
(The author is Senior Advocate Supreme Court of India)
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