NEW DELHI : Taking a serious note of the sub-human living conditions of West Pakistani Refugees (WPRs) in Jammu & Kashmir, a Parliamentary panel has asked the Centre to prevail upon the State to grant them the right to vote in the Assembly elections.
“The Committee strongly recommends that the Central government must impress upon the state government to consider, as a one time measure, the demand of West Pakistani Refugees to grant them the status of permanent residents of the state sympathetically, so that they can live as state subject in a dignified way, with all legal rights, including the Right to Vote in the State Legislative Assembly,” the Department Related Parliamentary Standing Committee on Home Affairs said in its report on the problems being faced by refugees and displaced persons in J&K.
The Committee expressed serious concern that West Pakistani Refugees, who were very much citizens of India and eligible for voting in Parliamentary elections, do not possess right to vote in the State Legislature Assembly elections on the pretext that they were not permanent residents of the State, in terms of the J&K constitution.
“The committee feels that through they are living there for more than 60 years, they are not leading the life of free citizens, despite having voting rights for Parliament. This right has not earned them any special benefits,” the panel noted. The Committee in its reports said it was aware that WPRs are not considered permanent residents of the state of J&K in terms of the Constitution on the ground that WPRs did not have ownership of land (Sahib-e Jaidad) of J&K in 1944, a pre-condition to acquire the permanent residency right.
It noted that WPRs have been living there since 1947 and running from pillar to post in search of permanent source of livelihood. The Committee pointed out that land owning provision could not apply on the WPRs as they had arrived there even before the enforcement of Article 370.
“The Committee observes that WPRs are very much citizens of India, having voting rights in Parliamentary elections, therefore, there is no reason as to why WPRs should not be given voting rights for State Assembly elections, particularly when the ruling establishment at the Centre and State Government at the time of partition advised WPRs to stay at border villages and made assurance to them for a decent life,” the panel said.
“The Committee, therefore, strongly recommends that there should not be any hitch in proposing amendment to the constitution of J&K in favour of WPRs conferring Permanent Residence Certificate and voting rights for State Legislative Assembly election in J&K.
The Ministry of Home Affairs must pursue the matter with the State Government,” it said. Expressing its anguish on the suffering of children of WPRs as a result of marginalisation, the panel felt that existing Constitutional provisions with respect to J&K should not come in the way of career and livliehood of their children and grandchildren. A temporary waiver in this context would be in order, it said.
The Committee felt that once the permanent resident right was granted to West Pakistani Refugees, all subsidiary benefits would automatically follow, enabling them to lead a decent life. “The Committee, therefore, recommends that J&K constitution may be amended for conferring the status of State Subject on the WPRs at the earliest. These people have already suffered for more than 60 years and the issue brooks no delay.
The Committee also recommends that pending final decision in the matter, a temporary waiver may be made for admission of the children in the professional institutions,” the panel observed in its report. The committee was also of the view that since the state government has agreed in principle to incorporate the provision of reservation for the wards of WPRs in jobs, it should no more delay in processing the matter.
It said the state government should honour the suggestion of the Supreme Court for issuing appropriate executive order to make WPRs eligible for admission in professional and technical colleges in the state as it was not linked to the resident status of these persons. The Committee also desired that the matter of issuance of Scheduled Caste (SC) and Other Backward Class (OBC) Certificates to eligible WPRs should be expedited.
The Parliamentary panel was also anguished to note that the Ministry of Human Resource Development did not respond to the request of the Ministry of Home on taking a decision in regard to providing reservation to the wards of WPRs in engineering, medical and other related institutions of higher education across the country.
“The Committee, therefore, strongly reiterates its recommendation that the Department of Higher Education, Government of India must take early decision with regard to according priority in admissions to children of WPRs in engineering, medical and other institutions outside J&K. A separate reservation may be provided to them.
The Ministry of Home Affairs may pursue the matter with the Ministry of Human Resource Development to get the assurance implemented given by Home Secretary to the Committee on ground level,” the report said.
The panel took note of the economically distressing conditions of the refugees. “The Central Government should impress upon the state government for early finalisation of one time financial package for the settlement of WPRs. The Committee is of the considered view that even if West Pakistani Refugees cannot be equated with the Kashmir Pandit migrants, but they deserve immediate relief and rehabilitation for sustenance without delay. One time Compensation of Rs 30 lakh may be provided within one year and there should not be any delay in the matter.”
The panel expressed its displeasure over “the indifferent attitude” of the state to the problems of WPRs as J&K government has not furnished proposal to the Ministry of Home Affairs to procure one time financial package and compensation to WPRs, who were otherwise “in dire need for immediate relief and rehabilitation for sustenance.”
“The Committee notes that West Pakistan Refugees are not given adequate assistance by the J&K state government and hence, they are forced to live in miserable conditions. As already explained, WPRs are in a peculiar condition, wherein, though they are the citizens of India and have voting rights for Parliamentary elections, but they are not considered subjects of J&K. Therefore, the Committee recommends that the Central Government may declare a direct special assistance package for rehabilitation of WPRs through Central agencies,” the panel said in its report. (UNI)
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