Dr Ganesh Malhotra
Radhika’s grandfather, Charan Dass was among those Valmiki families who were brought from Punjab by then Prime Minister of J&K Bakshi Ghulam Mohammad in 1957 to clean J&K and with a promise to provide them all rights. But in return they all got slavery and life of inhuman treatment in J&K. Even their third generation is still facing slavery and the future of their educated youth is bleak, dark and dull. Despite qualifying for all tests of the Central forces during a recruitment rally, Radhika’s candidature was rejected as she could not produce domicile certificate or state subject. Radhika has proved herself as a best athlete but for employment she is eligible only for the job of sweeper due to so called special status of State which has turned inhuman at its
HUMAN RIGHTS DAY
implementation part. Many youth of this valmiki community are living under the shadow of slavery even in 21st century when whole humanity is talking Mars and Moon. The Government jobs are not meant for them. Even those doing the jobs of sweeper are paid less salary as compared to those who are PRC and performing the same job. All of them belong to SC community but they have no such certificate. So they are deprived of all such benefits which people across India are enjoying.
Women who are Permanent residents of J&K have also not escaped the inhuman working of permanent resident law. Prior to 2002, the Revenue Department was issuing Permanent Resident Certificates (PRCs) to the female residents of Jammu and Kashmir with the endorsement as “Valid Till Marriage”. This became ground for a petition before the State High Court about 14 years back whereby selection of a doctor was challenged on the plea that she was married to non state subject. The Full Bench in a case titled Jammu and Kashmir Versus Dr Sushila Sawhney and Others held that a daughter of a permanent resident marrying a non-permanent resident will not lose the status of permanent resident of State of Jammu and Kashmir. The denial of rights to the off springs of female permanent residents married to non-permanent residents is violative of Article 14 of the Constitution of India as it is purely on the basis of sex that the constitutional right is denied to a citizen. The situation in certain cases is more grave where female Permanent Resident of the State of J&K who has married to a Non-Permanent Resident of the State of J&K has to come back to permanently reside in the State of J&K for the reasons of:
(i) Divorce;
(ii) Widowhood;
(iii) Permanent settlement for any other reason;
In any of such situations though the female continues to hold the status of Permanent Resident but the same does not go to her off-springs and leading to injustice.
The Constitution of India does not recognize discrimination on the basis of sex and as in this case, the only reason for discrimination is based upon sex of the parent of the beneficiary, the same may not hold good in the eyes of law and is legally not sustainable. Non-bestowing upon the right and status of permanent residents of the State of J&K on the off-springs of female permanent residents of the State of J&K married to Non-permanent residents will create grave situation in succession to the property of Permanent resident married Non Permanent resident. Thus the fundamental rights of such persons guaranteed under the Constitution of India as also under the Constitution of the State of Jammu and Kashmir get sufficiently defeated due to misuse and wrong working of permanent resident law under the guise of special status, thereby defeating India’s commitment towards human rights to be provided to its citizens.
Similar is the case of West Pakistan refugees who came to J&K after leaving everything in Pakistan. Their only mistake was that they settled in the border areas on the false and fake promises of the then decision makers. After seven years of their settlement in J&K they were told in 1954 that they can’t get PRC which is most required for residing in J&K. Their brothers and sisters who crossed Lakhanpur (boundary) of J&K rose to high levels under Indian Constitution. The best example in this regard is of Dr Manmohan Singh and Late I.K.Gujral who rose to the posts of Prime Minister of India. The persons who migrated from Pakistan to India in 1947 got Indian identity but some persons who preferred to stay in J&k are still carrying Pakistani identity attached with their names. Majority of them belong to SC and OBC community but they don’t have such certificates which will entitle them the benefits under various schemes of Government of India. They don’t have any ownership rights on lands which they are holding for last 71 years despite facing bullets of Pakistani rangers on daily basis. For every small matter they have to struggle. Is it acceptable that victims of Partition, who entered Indian Territory in the hope of succour, continue to be persecuted at the hands of State and Centre just because one retrograde law i.e. Permanent resident law? Is it standards of Human rights being pursued?
Gorkhas who served and protected J&K for decades and were awarded medals for gallantry and even world wars are living in miserable conditions in narrow and congested lanes of Gorkha Nagar. Their children have been compelled to sell momos and street food to feed their families. Manish Adhikari’s grandfather Late Ram Singh fought World War II and was awarded commendation Medal by British Indian army. Manish due to political apathy is selling momos in Jammu to meet the needs of his family. After many assurances by decision makers from time to time they are unable to get PRC despite the fact that many of them are class I state subject. They are rejected as Nepali Gorkhas whenever they go to plead their case before concerned ones.
When whole world celebrated human rights day and talks of providing decent life to citizens across the globe but in J&K many are being deprived of their basic human rights because of retrograde laws. Whenever there is talk of human rights in J&K its talk of human rights of those who picked guns against country but no one talk rights of women, Dalits, West Pakistan refugees and Gorkhas. How many seminars, discussions and protests have been organised for human rights of these people? Are they victims of political apathy or special status or deliberate silence of decision makers at centre? Had they been recognised as Indian citizens in true spirit they would not have suffered such inhuman treatment. There is need to take a call and prove the standards of human rights here.
(The author is J&K based strategic and political analyst)
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