Dr Shreeya Bakshi
We all are entitled to human rights without any discrimination. These rights are inherent to all human beings irrespective of the nationality, caste, colour, ethnicity, religion or sex. Human rights are as good as Fundamental Rights. In the Universal Declaration of Human Rights, the Principle of universality of human rights is emphasized in the year 1948. ‘No Discrimination’ is cross- cutting principle in international human rights law. This principle provides the central theme of some of the international human rights conventions like: International Convention on the Elimination of All Forms of Discrimination against Women, International Convention on the Elimination of All Forms of Racial Discrimination and many others. Infact, December 10 is celebrated as International Human Rights day all over the world as well as in India but the situation in Jammu and Kashmir- a state of India is quite different.
In the State of Jammu and Kashmir (J&K), there are many sections of people who are devoid of their human rights. A major chunk of population in J&K is not enjoying their human rights, fundamental rights and even legal rights. The four major sections who are bereft of their rights are the West-Pak Refugees, the Valmikis, the Gorkahas and offcourse the Women of the state.
The West Pakistan Refugees are those who migrated from West Pakistan to the Indian state of Jammu and Kashmir in 1947, during partition. They have been living in J&K for last 68 years. But afer a long period of seven decades (69 years), they are still identified as ‘refugees’ and forced to live in ‘camps’. There were people who migrated from Pakistan to other Parts of the country like: Delhi, Mumbai, Surat and so on. But if we compare the situation of those who migrated from Pakistan to other parts of India with that of those who migrated to J&K, it is much more better. In the rest of the country, they were rehabilitated with a number of welfare measures such as allotment of houses, jobs etc. In fact, their integration into the mainstream was quite immaculate. Today, they are the citizens of India, enjoying each and every right and privilege that the Constitution of India confers on all Indians.
At the time of partition in 1947, around 5,764 families consisting of 47,215 persons migrated from West Pakistan to different areas of Jammu Division. At that time, these refugees were able to occupy some land, which was later allowed to be retained by them without conferring upon them the title of land because of their non-permanent resident status. This means that they can just stay on that land and can neither buy more land nor can sell it. This clearly states that they can be tillers, labourers, tenants but not land-owners and land-lords.
More than 80% of West Pakistan Refugees population belongs to the Scheduled Caste (SC) category. But the irony of the fate is that they can’t avail the benefits of various social welfare schemes launched by the State Government for the upliftment of SC population. It is so because to avail the benefit of the schemes they (SC’s of West Pak Refugee category) have to produce their Permanent Resident Certificare (PRC) which is not issued to them as they have migrated to J&K (India) in 1947 where as the Presidential order of 1954 states that those who migrate to India ten years prior to 1954 will be considered as citizens of the state of J&K. The fact is that no other benefits of any kind are granted to them till date which are enjoyed by SC population of the rest of India. Even their children cannot get admissions in any state-run professional colleges and are not entitled to scholarships which are available to PRC holders. Denied ‘Permanent Resident Status’ in J&K, West Pak Refugees cannot get jobs in any of the State run departments. They are also not eligible to cast their vote in the State Assembly elections.
Even their third generation is tagged as ‘refugees’ and that also ‘Pakistani’. Is it acceptable that victims of Partition, who entered Indian territory in the hope of succor, continue to be persecuted at the hands of Indian authorities? What about their human rights?
The narrations of Valmikis are quite disheartening. In the year 1957, around 272 Safaikaramcharis were brought from Punjab to Jammu-Kashmir, following a cabinet decision, specifically to be employed as Safai Karamcharis (sweepers). These families agreed to work in the state after being promised that the ‘permanent resident’ clause would be relaxed in their favour. But after so many years of independence, their situation is that they are not given the status of ‘permanent residents’ of Jammu and Kashmir. Because of not having Permanent Resident Certificate, they are struggling hard for their survival in the state of Jammu and Kashmir. Right to Equality which is guaranteed in the Indian Constitution under Article 14 and Article 15 which prohibits discrimination on the basis religion, caste, race, or place of birth but this equality is denied to Valmikis of J&K through the Rule 35B of article 35A of the Indian Constitution.
Their children cannot get admission to government-run professional institutes and are not eligible to apply for government jobs in the state of J&K. If few of them educate their children, they are only eligible to be appointed as safai karamcharis and cannot do anything else. These valmikis cannot vote for State Assembly or municipality elections.The colony that was allotted to Safai Karamcharis to live in (Valmiki Colony, Gandhi Nagar, Jammu) has not been regularized till date. They are not given the status of Schedule Caste (SC) category due to the lack of PRC and hence they are not entitled to seek any benefit of any of the schemes of Centre and of State Government. They cannot avail financial assistance from the banks as well because there also they have to produce their PRC which these Valmikis do not have.Is this a way we are treating the already down trodden/ marginal sections of our society? What about their human rights?
Gorkhas have settled in J&K in the 18th century. Their population is around one lakh and is spread across J&K, including Kashmir Valley. Majority of them were soldiers have fought in the ranks of Maharaja Ranjit Singh of Punjab, whose commander-in-chief was Gulab Singh of Jammu. It was Maharaja Ranbir Singh, the ruler who succeeded Gulab Singh, organized the army in J&K and enlisted Gorkhas. Notable among these were Brigadier (General Staff) Bhagat Bir Thapa, his son Brigadier Bhagwan Singh Thapa and General Khadak Bahadur of the Nepal Army, who migrated to J&K and was rewarded with the post of General Officer. Major Badri Nar Singh showed outstanding valour in the battle of Chitral which is now in Pakistan?Occupied Jammu & Kashmir. Gorkha troops also fought shoulder to shoulder with Dogra troops in the conquest of Chitral, Hunza, Nagar and Haveli (now in POJK). A familiar story is recalled of a Gorkha woman who swan across the Indus river and informed the headquarters of the presence and concentration of a large force of enemy troops. The time reinforcement of troops saved the situation.
The Gorkhas of J&K took part in World War I (1914-18) and excelled in the battle of Beho Beho and Kilimanjaro in East Africa. Colonel Durga Singh- a Gorkha of J&K, received a gallantry awards and a jagir with the honour of “Sardar Bahadur” for showing extraordinary courage against the Germans.The bravery of Gorkhas is sung by the street singers of Kashmir and the old cantonment (now the J&K Police Lines and Headquarters) was named Magar?Mall Bagh ( two castes of Gorkha). Gorkha Nagar in Jammu also came into existence on the bank of River Tawi in the early 1950s. Though the Gorkhas have made supreme sacrifices for the integrity of India and the safety of J&K but their miseries have increased manifold since independence. They are economically, socially and educationally backward.
Despite all these sacrifices, The Gorkhas in J&K face big hurdles in the state in their day to day life because the state has not issued them Permanent Residence Certificate (PRC). Due to the lack of PRC, they are not entitled to government jobs or admission in the educational institutes in J&K state. They do not have access to any facility which a resident of the state enjoys. No politician or any mainstream political party or administration cares about them. The J&K Government is not at all concerned with the rights of the people of this brave community who have laid down their lives for the safety of the people of J&K from time to time.
What about their Human rights?
“Who are we? We are deprived of our identity and we are lost”.
Such is the feeling of the daughters of J&K. Prior to 2002 judgement of J&K High Court, woman of the state if marries to a non- state subject loses each and every right in the state of J&K. She loses her right to inherit property, right to seek employment in the state, right to vote in the state, right to buy any land in the state, etc. But after a full bench decision in 2002, it was declared that woman of the state if marries to a non-resident of the state, she will not lose anything and will hold all the rights. But a sheer violation of human rights is visible when the state machinery itself discriminates between men and women of the state. The state laws of J&K very clearly states that if a male of the state marries a female outside the state, the female as well as the offspring of that couple will be granted the status of permanent resident of the state. On the other hand the state very proudly declares, under the umbrella of the laws of J&K that if a female of the state marries a male outside the state, that male and the off springs of the couple will not be granted any laws in the state of J&K. The reasons of prominent legislatures of the state to support and continue this law are like: to check the flow of outsiders in the state, to maintain the so called special status of the state, to preserve the cultural identity of the state etc. But it seems that our politicians and leaders are not at all gender sensitive and have very typical patriarchal mindset which can never think about the rights of women. Today, when the world is talking about the human rights, in the state of J&K, women are struggling hard for even their fundamental rights. Such laws which are still in practice in J&K violates Fundamental Rights like Article 14, 15, 16, 19, 20 and 21. So these were the four major groups discussed briefly which are suffering at the hands of the politicians of the state who are least bothered about the Human rights of the people.
Let’s join hands to grant their share of Rights to them, let’s not play politics After all we all are ‘Humans’.
(The author is lecturer Ramnagar Campus, Department of Sociology, University of Jammu)
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