Genocide of Kashmiri Hindus, Sikhs in Kashmir valley
Mohinder Verma
JAMMU, Sept 16: As directed by the Supreme Court, the NGO—”We the Citizens” has submitted a detailed representation to the Union Ministry of Home Affairs seeking constitution of Special Investigating Team (SIT) to identify the perpetrators, who were involved in the genocide of Hindus and Sikhs in Jammu and Kashmir during the period between 1989 and 2003 in the erstwhile State of Jammu and Kashmir.
On September 2, 2022, the Supreme Court asked the NGO to raise the issue of alleged genocide of Hindus and Sikhs in Jammu and Kashmir before the Union Government by making a detailed representation.
In the representation submitted to the Ministry of Home Affairs, the NGO has mentioned that dastardly genocide and exodus of Kashmiri Hindus and Sikhs in the Kashmir valley is a glaring example of complete failure of constitutional machinery in protecting the life and property of the Kashmiri Hindus and Sikhs. “Therefore, the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India were openly violated”, Rakesh Mudgal, Secretary of the NGO has mentioned in the representation.
“Hundreds of FIRs registered against the murderers of Kashmiri Hindus have not been taken to the logical conclusion even after the lapse of more than 30 years. Because of shoddy investigations the perpetrators, terrorists and anti-nationals have been allowed to aggravate the law and order in the Kashmir valley which resulted into exodus of Hindu families”, the representation said.
Stating that till date migrated families are living life of refugees in other parts of India, the NGO said that due to this fundamental right is being violated on day to day basis as they are unable to return to their home places in Kashmir due to lack of security and settlement measures.
“More than 3,50,000 Kashmir Hindus, Sikhs and other minorities were forced to leave the Kashmir valley on account of genocide and the subsequent exodus forced them to abandon or forcefully sell/dispose their religious, residential, agricultural, commercial, institutional or any other immovable property for paltry sum”, the NGO further said, adding “this was complete violation of Articles 14, 19 and 21 of the Constitution of India”.
Mentioning has right to protection of life and limb is the fundamental right as enshrined under Article 21 of the Constitution of India, the NGO said, “the genocide of Kashmiri Hindus and Sikhs on account of them being a religious minority in Kashmir valley and the announcements made from mosques to convert their religion was not only a violation of Article 21 but also a gross violation of Articles 25 and 29 of the Constitution of India”.
“The genocide and subsequent exodus of Kashmiri Hindus and Sikhs cannot be seen just as an incident of ethnic cleansing but it was sedition of the higher order against India and its plural character”, the NGO further said, adding “right to life and liberty also includes right to live with dignity and the Constitution of India gives right to practice and profess religion and the right to conserve one’s distinct language, script and culture”.
It has been alleged in the representation that State machinery had failed to protect the life and property of the Kashmiri Hindus and Sikhs. “Till date the Government of India and UT of J&K have not come up with a credible rehabilitation policy for the refugees”, the NGO said.
Accordingly, the NGO has appealed to the Ministry of Home Affairs to conduct a census of Hindus and Sikhs of J&K who have been victims/survivors of genocide residing in different parts of India. “Special Investigation Team should be constituted to identify the perpetrators of genocide of Hindus and Sikhs during the period between 1989 and 2003 in the erstwhile State of Jammu and Kashmir”, the NGO has demanded, adding “on the basis of report of SIT the accused should be prosecuted”.
It has further stressed that Government of India should declare all sale of properties from January 1990 onwards whether religious, residential, agricultural, commercial, institutional and educational as null and void.
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