Partition of the country in 1947 and the resultant massacres and pogroms, migrations and forced displacements are heart-rending events, the like of which are seldom to be seen in human history. Millions of innocent people were affected by this sordid affair. Most of them are no more in the world but some small numbers who are still surviving have the bitterest of memories of that cataclysm embedded in their minds. They are loath to recount the saga just because it means reviving the stark wounded memories. Nevertheless, these hapless people had to suffer not only at the hands of the barbarians who threw them out but even at the hands of those who consider themselves sane and sensible people.
The story of West Pakistan refugees, who migrated to the State of Jammu and Kashmir in the aftermath of the partition, is perhaps the harshest example of human callousness and apathy. As a result of partition, the people had to decide on various counts, particularly on religious count, whether they would continue their lives in India or in the newly carved dominion/country called Pakistan. When communal riots broke out, people from West Pakistan migrated to India in lakhs. Most of them migrated to East Punjab, Delhi and Rajasthan as per their convenience and accessibility. But some of them who could not afford to shift to other parts of India, shifted to Jammu region of J&K State for a number of reasons. Besides being too poor and penniless, they just shifted to closest Indian territory across the International Border. Secondly, many of them had their close relatives living in border area of Jammu and in the hope of getting succour from them they shifted to Jammu region especially RS Pora, Khour etc. As days passed by and migration became a permanent feature, these refugees began resettling permanently in their new places of residence. Some who used to conduct agrarian activities wanted land to start tilling and surviving through that source. But the special status of the State of Jammu & Kashmir created big obstacles for them in either purchasing the land or to get entry into Government jobs or to be able to derive benefit of various schemes of Government of India specifically meant for the refugees from West Pakistan. The main obstacle was constitutional because the constitution of the State did not have any provision of accommodating these refugees nor was the local Government willing to show any sympathy and humanistic approach to their problems. All that they got in J&K is temporary permit of residence. For purchase of land or any immoveable property they had to produce the permanent residence certificate which the Revenue Department would never issue to them.
The question of regularising the pending dispute of issuing caste certificates to them was never taken seriously by the Central or the State Government all these seven decades despite the refugees protesting day in and day out and cooling heels at the doors of the ministers and other sources of power. Except lip service nothing in practice was done to resolve the problem. The Union Ministry of Home Affairs is reported to have issued directions to the State Government to work out on the field and issue caste certificates to the refugees so that they are able to derive the benefits which the Central Government has offered to the people belonging to the category of Scheduled Cates as most of the refuges belong to that social category. Home Ministry had also directed the organizations of paramilitary forces to enrol the candidates from among the refugees from West Pakistan on production of caste certificates which, however were never issued to them by the State Government. The Union MOS in PMO Dr. Jatindra Singh once led their delegation to the Home Minister and explained the issue in its various dimensions and had even made one or two cogent suggestions of how the issue could be tackled. Nothing positive has happened so far and not even the Modi Government has done much in practice for them.
The point we emphasize is that why a different treatment is meted out to these people while those refugees who resettled in different parts of the country have not only prospered but have also risen to highest positions in the country to become even Prime Minister and Deputy Prime Minister. On the other hand, these refugees in J&K have not the right even to own an inch of land or a class IV job in the State. Surrendered militants are given all facilities and favours to resettle in Kashmir along with their Pakistani wives and children. Against this the seventy-year long refugees from West Pakistan are not allowed even a caste certificate. This is a blatant case of discrimination. The directives from the Centre have had no impact on State authorities who just pass the buck. The treatment given to these refugees is anti-human and violates the Charter of Human Rights. The right and humanistic course for the State Government in this case is that it should amend the State Constitution and provide for the permanent residence of the West Pakistan refugees in the State so that they enjoy all rights accruing to regular State Subject citizens in J&K. Discrimination has to be done away with and one should remember that humanism is the highest law because it is the natural law.
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