Not only WP refugees Even 5300 POJK DP Families are disowned by Government

07 Dec 2016 10:44:56


Daya Sagar

Not only subjecting them to simple economic neglects, a large number of 1947/48 displaced families from the areas of Indian state of J&K that were ‘occupied’ by Pakistan (1947 POJK DPs)  have even been disowned by the J&K Government. It was in the year 1971 that J&K State legislature passed THE JAMMU AND  KASHMIR DISPLACED PERSONS ( PERMANENT SETTLEMENT ) ACT 1971  Act No X of 1971 where under the families  who on account of setting up of the  Dominions of India and Pakistan or on account of civil disturbances or fear in area of the  State occupied  by Pakistan have, after first day of March 1947 left or been displaced from their place of residence in such area and who have been subsequently been residing outside such area  in some Indian state other than J&K  have been excluded from the definition of the  DPs (POJK Displaced Person).  THE JAMMU AND  KASHMIR DISPLACED PERSONS ( PERMANENT SETTLEMENT ) ACT 1971  Act No X of 1971  defines under Clause-2 the Displaced Persons In this Act- unless the context otherwise requires,(a) -displaced person means any person who is a permanent resident of State  and who on account of setting up of the  Dominions of India and Pakistan or on account of civil disturbances or fear in area of the  State occupied  by Pakistan has, after first day of March 1947 left or been displaced from his place of residence in such area and who has been subsequently residing outside such area  in the State and also includes the successors-in interest _in_ interest of any such person. How strange?

  Even Sheikh Mohammad Abdullah, the then Prime Minister of J&K, did feel and understand  the plight and conditions of the people who were forced to flee from the areas of Jammu & Kashmir occupied by invaders / forces aided and abetted by Pakistan in October 1947 ( areas like that of Mirpur fell on  25 November 1947 even after / more than one month of the day- 26th Oct 1947-  Maharaja Hari Singh acceded with India ) and named them as Displaced Persons (DPs) from Pakistan Occupied Areas of J&K ( POJK DPs) vide order No. 1476-C of 1950 dated 16.12.1950 issued under his ( Sheikh’s) own signatures. While those who had left Jammu & Kashmir and had gone to new born Dominion of Pakistan ( West Punjab) on their own were termed as migrants in the same order. The people from PoJK had been displaced by raiders from their own residences and had not left their hearths  in view of their having anticipated some temporary adverse social conditions like the subjects of J&K who migrated to Pakistan.

  No doubt all the families / people who are referred in the order of Sheikh were those who were the State Subjects of J&K (later renamed as Permanent Residents of J&K ). But the governments that followed acted quite unconcernedly and in a way disowned atleast 5300 POJK 1947 families in1971 by means of an Act of Legislature.

  Although till now no any regular general registration of the Displaced Persons (Families) from POJK , through a public notice issued by J&K Government or Government of India, has been done, still the Government of J&K / India often quote the total number of families  displaced in 1947 /48 from POJK whose some record / particulars are available with government of  State / India as 31619 families. What to talk of taking the issues of 1947 POJK DPs with compassion, it has been so painful that those 1947 POJK DPs whose information is available with the government ( included in 31619 families) but are staying in states other than J&K have been excluded from the definition of 1947 DPs from POJK even by an Act of J&K Legislature passed in 1971 {THE JAMMU AND  KASHMIR DISPLACED PERSONS ( PERMANENT SETTLEMENT ) ACT 1971  Act No X of 1971 }. And to add to the misery 5300 such families  have been excluded by J&K Government from the  proposals sent by state to GOI for making some payments to POJK DPs as ‘one time settlement’. While working out demands for Rs.9025 Cr  the state government had excluded these 5300  families (J&K State Subjects/ Permanent Residents of J&K) from the accounted for stake-holders and taken into account only 26319 families out of the half data of 31619 for the 1947 POJK DP.

  No correction has been made even two years after that inspite the fact that such deficiency had been pointed out to the government. It may not be wrong to say that the issues concerning “displaced persons from the areas of Indian State of J&K ( POJK DPs) as were occupied by “Pakistan”  in 1947/48 are still unresolved even after nearly 69 years of their displacement and are still not being taken up seriously what to talk of taking with compassion.

  The unofficial quotes of ‘elders’ may not be that exact but can surely present the agony that the uprooted families might have faced in 1947.  Many of the families could not even carry with them their property and other records. It may surprise many that neither GOI nor J&K Government can this day tell the number of the families that were displaced from the Mirpur District, Muzaffrabad district, Gilgit, Baltistan, Skardu and like areas in 1947. As per unofficial quotes nearly 15000- 20000 families might have lost some of their dear ones while fleeing  from the occupied areas and about 3000 - 5000  families might have been fully eliminated enroute.

  Inspite of repeated requests from civil society including persons like the writer , so far even after nearly 70 years of displacement, what to talk of rehabilitating these families through some designated special socio- economic support and  compensating them for the  claims of the properties left behind that have remained unpaid for  over 6 decades no any intentions have been shown by GOI / State government to even know the exact likely number of families displaced in 1947 from POJK areas.  Going by the rough estimates and by the expressions of some elders of these families the total number in 1947/48 may be around 40000 to 45000  since many families did not apply for ex gratia in 1960 because  they did not fall  in the criteria as was fixed by government , many heads of families were killed by the invaders while fleeing from POJK and many families under  the stresses of the havoc they had faced went to even other Indian states ( state government quotes the number of such families as 5300).  Due to  due to splits and growth, the number of families in 2016 may be something like  130000 to 150000 or even more.

  What to talk of taking the issues of 1947 POJK DPs with compassion, it has been so painful that those 1947 POJK DPs whose information is also available with the government but are staying in states other than J&K have been excluded from the definition of 1947 DPs from POJK through an Act of J&K Legislature passed in 1971 (THE JAMMU AND  KASHMIR DISPLACED PERSONS ( PERMANENT SETTLEMENT ) ACT 1971  Act No X of 1971  )  and the number of such  families is  mentioned as 5300 by J&K Government. State Government had sent on 22.10.2014 proposals to GOI for making some payments to POJK DPs as ‘one time settlement’ but the state government had excluded these 5300 families from the accounted for stake-holders and taken into account only 26319 families out of the half data of 31619 for the 1947 POJK DP families available with Government while working out demands @ Rs 25 Lac per family. How strange, the J&K Government had disowned its 5300 own families of Permanent Resident of J&K.  And to add to it no one  including the leadership of POJK DPs, has questioned  Act No 10 of 1971  as well as the approach adopted by J&K government  for working out the funds requirement even after 2014.

  Proposals sent by J&K government  to Ministry of Home Affairs GOI under  D.O. letter No. Rev/Rehab/08/2011 dated 20-10-2014 for REHABILITATION  FOR ONE TIME FULL AND FINAL SETTLEMENT OF THE CLAIMS OF THE POJK  DISPLACED PERSONS OF 1947 AND CHAMB DISPLACED PERSONS  lacked  logical considerations from many angles.

  The clarifications and information sought by GOI  vide D.O. Letter no :31/1/2011R&SO( Part-II) Dated 07-11-2014 and  Letter no :31/1/2011R&SO( Part-II) Dated 21-11-2014 addressed to Secretary Revenue J&K Government too have not been fairy attended /sent  even after two years ( 2016) by the BJP – PDP . No doubt  it was not possible for JK Government to provide all the  working details asked for by GOI from available records since  for that some new exercises and actions had to be initiated but  the BJP- PDP Government could atleast correct the funds requisition ( from Rs.9096 Cr to Rs.10 421 Cr  taking  total 41684 families of 1947 ( 31619) /1965 (3500) /1971 (6565) POJK DPs instead of 36384 families i.e 26319 plus 3500plus 6565) by taking into account 5300 DPs ( as per statement of the Government ) who went for immediate shelter / survival support in1947/48 outside J&K in other Indian states .

  More so it is  surely wrong on the part of J&K Government to say that 5300 families from POJK  opted to settle outside J&K  since no such option was neither asked by Government nor did people had any reasons for exercising such option if asked for as per records / information available.

  More so, in case inclusion of left out DP families  for assistance .made in the proposal sent by state government in Oct 2014 are also accepted ( which will have to be ultimately accepted so as to let the process go ahead with out any  interruption )  then how the cases will be processed  would be a big question in the absence of there being a regular department for these families  for identification, verification and certification.

  Any well meaning soul can surely  accuse Congress- NC government for having not handled the POJK DP 1947 affairs with truthful commitment for the reasons of having kept even  a  basic incompleteness like working out the requirement of funds without taking into account 5300 POJK 1947 DPs who as per the proposal drawn  by NC - Congress Government in Oct 2014  had opted for settling outside J&K. ( it will be surely wrong on the part of J&K Government to say that 5300 families from POJK  opted to settle outside J&K  since no such option was neither asked by Government nor did people had any reasons for exercising such option if asked for as per records/ information available) But  the present PDP-BJP J&K Government too can not escape the responsibility for not having applied  the needed corrections  by atleast including the known ‘5300’ families of 1947 POJK DPs that are presently staying outside J&K  in the known total strength of 1947 /1965/1971 POJK DP families , since unfortunately  such corrective exercise  has not been done even after two years inspite of GOI having given fair opportunity to do so in the letters addressed to state government in 2014 asking some clarifications / information on the proposals sent by JK Government on 22.10.2014..

  No doubt under the circumstances the responsibility could be laid both on Government of India as well as Government of Jammu & Kashmir. But the leadership and intelligentsia from amongst the POJK DPs too cannot escape the allegations for having not acted that sincerely and truthfully towards their fellow community of POJK DPs as a whole.

  No one can deny that atleast till 1965 it was all like living under the horrors of the inhuman treatment meted to non muslim families by the invaders in the Pakistan occupied areas of J&K  and the confusions regarding the future policy of India towards J&K in relation to Pakistan but after that there was enough opportunity and time for the economically  and administratively  comfortably  placed members of the POJK DP community to take care of the rights and the needs of the community as a whole. Had it not been so there would surely have been atleast a regular department established by State or Center Government  for taking care of  their data base, issues and representations more so since GOI did not treat them as   “1947 refugees from Pakistan” worth giving them claims of properties left behind. GOI has  not even till 2016 treated them as refugees. The Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the Administration of Evacuee Property Act, 1950 are not applicable to the State of Jammu and Kashmir/ POJK 1947 DPs.

  Many of  these families have lost some of their kin to the ‘sword’ of the invaders and had to flee for saving life leaving behind even their basic documents on property as well as ‘personal particulars /identifications ’ what to talk of carrying the cash & kind assets.

  All these years GOI has been saying that POJK DPs will be going back to their ‘original’ hearths  but so far the same GOI has noteven denied the reports that said that ‘some 4 point formulae’ was being cooked up between the then Indian Prime Minister Man Mohan Singh & Pakistan President Parvez Musharraf on the ‘two’ sharing rights of the Indian State of J&K and Pakistan Occupied areas of the State. So, much so that the main stream political party like J&K PDP   in its “Self  Rule Framework”  document  and almost all English newspapers published in Srinagar mention POJK as Pak ( Pakistan Administered Kashmir) but neither GOI nor national level political parties appear to have taken some otherwise view on it. So, there appears no logic in putting under the mat the issue of claims for the properties left behind the POJK DPs. Some fair deal hence needs to be given without losing any more time at least calling the demands placed by J&K in Oct 2014 as on account demands and revising the demands placed in Oct 2104 from Rs.9096 Cr to Rs.10 421 Cr  taking  total 41684 families of 1947/1965/1971 POJK DPs instead of 36384 families by taking in the 5300 families said to be staying outside J&K in other Indian states { from Rs.9096 Cr to Rs.10 421 Cr  taking  total 41684 families of 1947 ( 31619) /1965 (3500) /1971 (6565) POJK DPs instead of 36384 families i.e 26319 plus 3500plus 6565}.                                                     

  It was on 19 March 2016 that a notification was issued by  Deputy Commissioner Jammu ( J&K) stating that some Draft guidelines regarding disbursement of relief of Rs. 2,000/- crores (Rupees two thousand crores only) sanctioned by the Ministry of Home Affairs Government of India as one time settlement of DPs of POJK 1947, Chhamb DPs of 1965 and 1971 (Camp/Non-Camp) have been formulated by the Divisional Commissioner Jammu   that have been received  by him under letter No.1402/DPs/O.T. Settlement /2113-15 dated 05-03-2016. The guide lines were also  uploaded in the district website jammu.gov.in and comments / suggestions were asked from the public / POJK DP families by 30th  March 2016.

  Clause -2 of the Draft Guidelines too said that according to Displaced Persons ( Settlement) Act 1971 , “a displaced persons ( DP) means a persons who is a permanent resident of State and who, on account of the setting up of the two Dominions of India and Pakistan, or on account of civil disturbances or fear of such disturbances in any area of the State occupied by Pakistan has, after the 1st day of March 1947 left or been displaced from his place of  residence in the occupied area and who has been residing outside such area in the State and includes the successor in interest of any such person”.

  The draft guidelines further said that , however after the Indo Pak Wars of 1965 and 1971 and subsequent migration of people from Chamb area to Jammu and other adjoining Districts like Samba and Kathua , the aforesaid definition has   been broadened . Now DPs include all the four categories viz DPs of Pak occupied Jammu and Kashmir 1947, Chamb DPs of 1965 & 1971 (Camp as also non Camp). The definition of POJK 1947 DPs as laid in the Act of 1971 had not since been modified and was repeated in the 2016 notification on draft guidelines for disbursement of so called one time settlement. Half indications did emerge that may be due to this definition of 1947 DPs of  POJK the 5300 families whose data was available with Government but who were staying outside J&K in some other Indian State  were excluded from the proposals sent to GOI in October 2014 for some payments to DPs. But in case it was in view of the DP definition in THE JAMMU AND  KASHMIR DISPLACED PERSONS ( PERMANENT SETTLEMENT ) ACT 1971  Act No X of 1971 then one would question how could the definition be broadened to include 1965/ 1971 DPs ?  And the answer surely is that the case of POJK DPs has so far been taken not that seriously by all the governments. More so no one would stop the present government to even get an Act passed by legislature so as to amend the definition of POJK DP Family as could be alleged to have erroneously incorporated in the J&K DPs (Permanent settlement ) Act of 1971.

  Clause -4 of draft guidelines conveyed that the Government of India in the Ministry of Home Affairs  after considering the proposals sent by State Government on 22.10.2014 for one  time settlement  of DPs has sanctioned and released an amount of Rs.2000 Cr in the first instant  as one time settlement   for 36384 DP families of various categories ( DPs of Pakistan Occupied Jammu Kashmir = 26319, DPs of 1965 = 3500, DPs of 1971= 6565 ). The norms / amount for disbursement of one time settlement was not mentioned in the notification / draft guidelines  and here too it was in a way conveyed that  the families  ( so far 5300 families  out of 31619 as per government data ) who after 1947 displacement went to Indian states other than J&K are not recognised as POJK DPs 1947 although it was mentioned in the guidelines that DP family of all categories viz Pakistan occupied Jammu Kashmir, Chamb 1965 and 1971 ( camp as also non camp ) will be paid one time settlement irrespective of the relief / rehabilitation assistance they got in the past.      

  ONE HUNDRED EIGHTY THIRD REPORT  on  PROBLEMS BEING FACED BY REFUGEES AND DISPLACED PERSONS IN J & K was PRESENTED TO RAJYA SABHA ON 22nd DECEMBER, 2014 and also laid on the table of Lok Sabha on 22nd December 2014. The report was drawn by  a sub-committee  on Action Taken on 137th Report on Rehabilitation of J & K Migrants of Department-related Parliamentary Standing Committee on Home Affairs (2013) with Sh Rajiv Pratap Rudy MP as convener that visited J&K during first week of September  2013 for interaction with affected people and State Government.  In this report also it was said  at Para 3.2.1.4 that the Committee takes into account the fact that non-registered families are not given proper relief and compensation amount and  is of the view that for that purpose, their fresh enumeration is necessary  to understand the problems being faced by PoJK DPs and to have updated policy guidelines for them . The  Committee, therefore, recommended that the Government should take adequate steps immediately to ensure official registration of Displaced Persons from PoJK in order to ensure that benefits of schemes meant for refugees and Displaced Persons reach the targeted group.

  Similarly at Para 3.2.12.3 the  Committee  desired that one nodal officer may be appointed in Delhi for granting Permanent Resident certificates to POJK DPs living outside the State of J&K as being done for Kashmiri migrants. The committee went to the extent of saying that rather Government may  campaign to  attract more and more POJK DPs living in other parts of the country by issuing advertisements in national dailies and the rules for applying the Permanent Resident Certificate may be simplified.

  At Para :1.3 1 says that as per appraisal from the  Ministry of Home Affairs  in the wake of Pakistani aggression in Jammu and Kashmir in 1947, mass exodus of population from Pak occupied area of Kashmir (PoK) took place and as per  the available records, 31,619 families were registered with the Rehabilitation Organisation, out of which 26,319 families opted to settle down within the State itself and 5,300 families settled outside the State of J&K (Delhi 1,901 families, Maharashtra 123 families, Rajasthan 495 families and other States 2,781 families ; and  no claims for compensation in lieu of the properties left behind by these displaced persons were invited by the Government of India as PoJK was treated as an integral part of India, as also accordingly the  Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the Administration of Evacuee Property Act, 1950 are not applicable to the State of Jammu and Kashmir. Ofcourse the Parliamentary committee too did not specifically ask the State government to modify the proposals as were sent to GOI on 22.10.2016 so as to include  atleast the known  5300 families settled outside J&K before making any payments as and when amount is received from GOI but the committee recommend for setting up regular department, ordering a regular recount of numbers and addressing on priority the neglect that POJK DPs have so far faced.

  In para 3.3.8.3 The Committee recommended  that Ministry of Home Affairs may impress upon the State Government to take early decision on the issue of registration of left out Displaced Persons’ families of 1965 and 1971 as well.

  In para 3.2.1.4 The Committee says that it  takes into account the fact that non-registered families are not given proper relief and compensation amount. The Committee is of the view that for that purpose, their fresh enumeration is necessary. The Committee also felt that in order to understand the problems being faced by PoJK DPs and to have updated policy guidelines for them, it is appropriate that their enumeration is done at the earliest. The Committee, therefore, recommended that the Government should take adequate steps immediately to ensure official registration of Displaced Persons from PoJK in order to ensure that benefits of schemes meant for refugees and Displaced Persons reach the targeted group.

  Not only that, The Committee desired that the matter may be discussed with the representatives of POJK DPs for solution but a very very casual approach has been adopted in this regard as well since government has not even cared to acknowledged the suggestions / objections made by the POJK DPs in March 2016 in response to the notification issued on 19-03-2016 by Deputy Commissioner Jammu. Writer had also made an appeal in this regard to Hon’ble Governor J&K on behalf of the POJK DPs.. Hope still some action will be initiated in the right direction by the government since it is never too late.

  In Para 3.2.12.3 the Committee also desired that one nodal officer may be appointed in Delhi for granting Permanent Resident certificates to POJK DPs living outside the State of J&K as being done for Kashmiri migrants.

  The seriousness of concern shown by the committee could be seen from the where it says “A campaign may be initiated to attract more and more POJK DPs living in other parts of the country by issuing advertisements in national dailies and the rules for applying the Permanent Resident Certificate may be simplified. But the State Government in a way can be still accused of disowning thousands of families of State Subjects of J&K.

  But no any information as regards J&K /GOI having initiated any such actions till November 2016 have come. Nor have government expressed any modified desires to include the known 5300 DP 1947 Families living out side J&K  in the scheme of one time settlement of their claims. Rather this should have been the first act of  the present BJP-PDP Government so as  to revise the demands placed on Central Government  from Rs.9096 Cr to Rs.10 421 Cr  taking  total 41684 families of 1947 ( 31619) /1965 (3500) /1971 (6565) POJK DPs instead of 36384 families i.e 26319 plus 3500plus 6565  by taking into account 5300 DPs ( as per statement of the Government ) who went for immediate shelter / survival support in1947/48 outside J&K in other Indian states  and name the demand as on account to be adjusted against final settlement. 

  From the notification issued by Deputy Commissioner Jammu on 19-03-2016  half indications did emerge that may be due to the  definition of 1947 DPs of  POJK in the Act 0f 1971 the 5300 families though whose data was available with Government but who were staying outside J&K in some other Indian State  were excluded from the proposals sent to GOI in October 2014 for some payments to DPs. But in case it was in view of the DP definition in THE JAMMU AND  KASHMIR DISPLACED PERSONS ( PERMANENT SETTLEMENT ) ACT 1971  Act No X of 1971 then one would question how could the definition be broadened to include 1965/ 1971 DPs ?  And the answer surely is that the case of POJK DPs has so far been taken not that seriously by all the governments. More so, no one would stop the present government to even get an Act passed by legislature so as to amend the definition of POJK DP Family as the same `could be alleged to have been erroneously incorporated in the J&K DPs (Permanent settlement ) Act of 1971.

  (Exerts from the  report on DISPLACED PERSONS IN J & K as was PRESENTED TO RAJYA SABHA ON 22nd DECEMBER, 2014 and also laid on the table of Lok Sabha on 22nd December 2014. The report was drawn by  a sub-committee  on Action Taken on 137th Report on Rehabilitation of J & K Migrants of Department-related Parliamentary Standing Committee on Home Affairs (2013) with Sh Rajiv Pratap Rudy MP as convener that visited J&K during first week of September  2013 for interaction with affected people and State Government )

  Official registration of DPs of 1947

  The Committee takes into account the fact that non-registered families are not given proper relief and compensation amount. The Committee is of the view that for that purpose, their fresh enumeration is necessary. The Committee also feels that in order to understand the problems being faced by PoJK DPs and to have updated policy guidelines for them, it is appropriate that their enumeration is done at the earliest. The Committee, therefore, recommends that the Government should take adequate steps immediately to ensure official registration of Displaced Persons from PoJK in order to ensure that benefits of schemes meant for refugees and Displaced Persons reach the targeted group. (Para 3.2.1.4)

  One Time Compensation

  The Committee desires that one time compensation of Rs. 30 Lakh may be included in the package and Ministry may ensure that the package is finalized. (Para 3.2.4.3) Constitution of Welfare and Relief Commission/Development Board The Committee understands that the demands of the representatives of POJK DP of 1947 for constitution of a Welfare and Relief Commission/Board for DPs of POJK, 1947 can be attributed to the reason that the existing office meant for addressing their problems is not functioning effectively. The Committee, therefore, recommends that a Welfare and Relief Commission/ Development Board with adequate infrastructure may be constituted in view of the large number of people involved and number of issues to be addressed. (Para 3.2.7.3)

Publicity of Nodal Agency/Officer

  The Committee is of the view that the Government should post on the internet the details of the name and telephone numbers of Provincial Rehabilitation Officer, Jammu, and other associated agencies/officers for extending benefits to DPs of 1947 of POJK along with its jurisdiction and powers as well as the procedure, in simplified way, to be followed for making claims or redressal of grievances. This may also be given wide publicity particularly in the areas where POJK DPs are living and other places.

 (Para 3.2.9.3)

  Granting State Subject to POJK refugees living outside the State

The Committee desires that the matter may be discussed with the representatives of POJK DPs for solution. The Committee also desires that one nodal officer may be appointed in Delhi for granting Permanent Resident certificates to POJK DPs living outside the State of J&K as being done for Kashmiri migrants. A campaign may be initiated to attract more and more POJK DPs living in other parts of the country by issuing advertisements in national dailies and the rules for applying the Permanent Resident Certificate may be simplified. (Para 3.2.12.3)

Constitution of Development Board

 The Committee feels that plethora of institutional arrangement is not going to ameliorate the conditions of DPs as the same would complicate the system causing dalay in seeking justice. Therefore, an institutional structure should be created to address all the issues of DPs at a single window. (Para 3.3.6.3)

Registration of left out DPs

The Committee recommends that Ministry of Home Affairs may impress upon the State Government to take early decision on the issue of registration of left out Displaced Persons’ families of 1965 and 1971. (Para 3.3.8.3) 53

 

Chapter-1

Para :1.3 1.PoJK Refugees of 1947.

1.3.1 The Ministry of Home Affairs apprised the Committee that in the wake of Pakistani aggression in Jammu and Kashmir in 1947, mass exodus of population from Pak occupied area of Kashmir (PoK) took place. The Ministry of Home Affairs also stated that as per the available records, 31,619 families were registered with the Rehabilitation Organisation, out of which 26,319 families opted to settle down within the State itself and 5,300 families settled outside the State of J&K (Delhi 1,901 families, Maharashtra 123 families, Rajasthan 495 families and other States 2,781 families). Out of 26,319 families, around 22,719 families opted to settle in 3 rural areas, whereas 3,600 families settled in urban areas. However, no claims for compensation in lieu of the properties left behind by these displaced persons were invited by the Government of India as PoJK was treated as an integral part of India. The Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the Administration of Evacuee Property Act, 1950 are not applicable to the State of Jammu and Kashmir.

Chapter -2

  2.2.4 The Committee desired to know as to how many persons have migrated from POJK in 1947-48 and whether they have been registered in the State of J&K, and if so, whether the process of registration has been completed and if not, reasons for not registering of these displaced persons so far and the responsible authority for this. In response to that the Ministry of Home Affairs submitted before the Committee in writing which is produced below:

  In the wake of Pakistani aggression in Jammu & Kashmir in 1947, mass exodus of population took place from Pak occupied area of Jammu and Kashmir to this part of the country. As per the information received from the State Govt. of J&K, 31,619 Displaced Persons (DPs) families have been registered with the erstwhile Provincial Rehabilitation Organisation constituted by the Government in the year 1950, which was disbanded in the month of October, 1982. Thereafter, Govt. of J&K created a Rehabilitation Cell in 1984 to find out a solution for their matters related to the settlement of these DPs of 1947 from PoK, which is under the charge of Custodian, EP, Jammu Ex-Officio PRO, Jammu who looks after the redressal problems of Chapter – 3

 ISSUES AND COMMITTEE’S OBSERVATIONS AND RECOMMENDATIONS

3.2 Displaced Persons From PoJK in 1947

3.2.1 Official registration of DPs of 1947

  3.2.1.1 It was demanded that official registration of DPs from PoJK by GoI /State Government of J&K should be undertaken. Left over families of DPs may be given an opportunity for registration. As first priority, Government of India must issue an advertisement inviting applications for general enumeration of all PoJK DP families without any conditions that were kept in 1960 stipulating details of their properties, buildings and land left back in PoJK. Recount of PoJK DP families staying in J&K and other Indian States be made afresh and register to examine their entitlement of claim for interim package/compensation.

  3.2.1.2 The Committee was informed by the Ministry of Home Affairs that as per the available records, 31,619 families were registered with the Rehabilitation Organisation, out of which 26,319 families opted to settle down within the State itself and 5,300 families settled outside the State of J&K (Delhi 1,901 families, Maharashtra 123 families, Rajasthan 495 families and other States 2,781 families). Out of 26,319 families, around 22,719 families opted to settle in rural areas, whereas 3,600 families settled in urban areas.

  3.2.1.3 The Ministry of Home affairs further submitted that formal registration has already been done during 1960 to 1962 and after a lapse of over 50 years, demand for fresh enumeration of the DPs will have practical problems

  3.2.1.4 The Committee takes into account the fact that non-registered families are not given proper relief and compensation amount. The Committee is of the view that for that purpose, their fresh enumeration is necessary. The Committee also feels that in order to understand the problems being faced by PoJK DPs and to have updated policy guidelines for them, it is appropriate that their enumeration is done at the earliest. The Committee, therefore, recommends that the Government should take adequate steps immediately to ensure official registration of Displaced Persons from PoJK in order to ensure that benefits of schemes meant for refugees and Displaced Persons reach the targeted group.

3.2.4 One Time Compensation

3.2.4.1 It was demanded by the representatives that one time compensation of `30 lakh per family unit for PoJK DPs should be given.

3.2.4.2 According to the Union Government, the State Government has informed that the demand is being incorporated in the package.

3.2.4.3 The Committee desires that one time compensation of `30 Lakh may be included in the package and Ministry may ensure that the package is finalized.

3.2.3.4 The Committee, without saying furthermore, feels that rehabilitation assistance has been awfully insufficient with very poor track record of implementation. The Committee is of the strong opinion that the assistance being provided to PoJK DPs of 1947 must be sufficient for sustenance and therefore the sufficient interim relief be given immediately till the finalization of one time compensation, which, according to the Government, is being incorporated in the package. The Committee also takes a serious note of the fact that the survey report has not been finalized and urges upon the Ministry of Home Affairs to purse the State Government to complete it at the earliest.

 

 

 

 

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