B L Saraf
The displaced Pandits from Kashmir have a complaint that, instead of being called as Internally Displaced Persons (IDPs ) , they have been shown as ‘Migrants ‘in the official records, and made known as such. The terminology, according to them, militates against the very raison d’être of them being in exile. Some days back community delegation called on MOS in the P M’s office and, among other things, put forth a demand that they be officially declared as IDPs and the word’ Migrant ‘prefixed to them should be deleted. MOS is reported to have assured them of a favorable action in this regard.
It is true that the Pandits and some of the other communities were made to flee Kashmir, leaving behind their home, hearth and the property. They didn’t become homeless by choice. Nor did they migrate to the greener pastures.Their unintended flight from the Valley, consequent upon the circumstances prevailing there, fits four square in the definition of IDPs used by the United Nations Guiding Principles on Internal Displacement;
Internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence , violations of human rights or natural or human made disasters, and who have not crossed an internationally recognized State boarder .
Refugees And The Law; Second Edition , a book published by HRLN New Delhi has , while determining who are the IDPs , mentioned at page 13 “Kashmiri Pandits who were forced to flee the disturbance and the violence in the State of Jammu Kashmir is an example of IDPs in India .”
And, when it comes to the plight of Refugees and the IDPs, in the words of UNHCR, there is hardly anything to distinguish one from the other. Antonio Gutter’s the United Nations High Commissioner for Refugees said on the eve of World Refugee Day , marked on June 20th , 2009, that although international law distinguishes between refugees and the internally displaced, such distinctions are absurd to those who have been forced to leave their homes and lost everything. Uprooted people are equally deserving of help whether they have crossed the international border or not. That is why UNHCR is working with the UN agencies to jointly provide the internally displaced with help they need, just as it is for the refugees.
How can UN agencies provide help to an IDP? This is what the KPs, as Indians, must care to know. Because, it has serious geopolitical implications for the nation. Unlike refugees there is no special regime for the IDPs. This flows from the understanding that the States are responsible for the nationals inside their territory. From the International law’s point of view the primary responsibility for the protection of, and assistance to IDPs rests with the territorial States.Then there is a question of Sovereignty of a State which will not permit such an international humanitarian effort as to undermine is national integrity. For a country like India which is trying hard to come to the terms with issues that have an international dimension, it will not be wise to allow multiple international interference in these matters. Particularly so, when it is capable of dealing with the emerging situation.
When it comes to Kashmir and the Kashmir related issues, taken up by the UN agencies, India does not have a happy experience. Recall the winter of 1994, when India had to fight it hard, in Geneva , to thwart the Pakistan sponsored UNHRC resolution , aimed at its indictment for the alleged HR violations in Kashmir.
As yet, we have not exonerated Jawahar Lal Nehru of the ‘charge ‘of bringing in UNO in the affairs of Kashmir and internationalizing the issue. It is a matter to ponder over, can we commit the ‘offence’ second time by providing a window to let in UN and other international agencies to deal with an issue , who may raise some questions on Centre’s relation with the J&K ? If we insist on the demand of having some ‘benefits ‘ associated with the term IDP then the country must be prepared for a multi agency UN intervention like that of UNHCR , UNDP, ERC, WHO and others . Who knows where their tentacles will spread to on the pretext of discharging the duty ?
Though not in great numbers, members of other communities also have become the migrants . Any IDP regime for the Pandits will cover them others also . Pandits have sacrificed everything in upholding national Flag high . They will , surely , be cautious to claim international relief or rights, lest it may rake up K issue at the international level; others may not have such inhibitions. The displacement problem has become so complicated that while tackling it some external elements may try to factor in.Why should we give them a window to sneak in ? Is the declaration of IDP status, along with its possible international dimensions, worth it? Let those who clamor for such a status spell out what additional gains will accrue to the community by such a declaration ? Answers must be had to these questions in larger interests of the nation.
While making a demand one must keep in view its desirability in tangible terms, achievability and the genuine compulsions of the governments. ‘Migrant’ word has gone into so many legislations relating to the displaced community, from where it will be difficult to retrench it. It is no use raising unachievable expectations , when the displaced community is confronted with so many real problems which demand an undivided and focused attention.
Let us be honest, regardless of the terminology, the desired objectives of assisting the displaced persons are largely met by GOI and the state government . Yes, defining the displaced persons as migrants is most inappropriate . But then what is in the name? Call them by any name, words like Migrant , IDP and Refugee do not sound honorable . Implicit in them is a sense of helplessness, destitution , dispossession of means and loss of continuity in life. Indeed, they are all cursed terminologies. Let us all strive to reclaim our lost address. Government should be pushed to labor in this direction Restitution of our home, alone, will deliver us from the ‘cursed terminology’ .
(The author is former Principal District & Sessions Judge)
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