We, the victims of democide, have our fundamental rights under the constitution been denied for the last 32 years. We draw your kind attention towards this. The J&K government (Department Of Finance) has denied the inclusion of 2.5% of the annual budget of GOI for Resettlement & Rehabilitation of Kashmir Migrants, despite the recommendation from the office of Honorable Prime Minister of India through its communication Ref No. 5321723/2021-TG dated 07/01/2022 & subsequent recommendation from the office of honorable Home Minister of India through its communication Ref No. 16030/07/2020-J & K dated 11/02/2021 towards the Resettlement & Rehabilitation of Kashmiri Migrants.
The Dept of Disaster Management, Relief, Rehabilitation & Reconstruction, Civil Secretariat Jammu has also submitted the above recommendations to the Financial Commissioner (Finance Department of J&K) for inclusion of 2.5% of the annual Budget for Relief, Rehabilitation & Resettlement of Kashmiri migrants vide reference No :OM /DMRRR/Acctts/2020/09 dated24/02/201.
The concerned officer from the J&K govt (finance department ) remarked verbally that the GOI should clear the pending dues of UT, and the Central govt should sanction additional funds on account of the subject.
We see a larger conspiracy by selective state govt bureaucrats who are deliberately discriminating against Kashmiri Migrants on the basis of religion. J&K govt Has offered land to neighboring countries to start businesses and allowed them to settle in Jammu and Kashmir while making original Aboriginal scapegoats.
All refugees and displaced persons of Kashmir have the right to full and effective compensation as an integral component of the restitution process. The J&K’s UT Govt & Govt of India should comply with the principle of restorative justice. J&K State Govt & Govt of India should ensure as a rule that restitution is only deemed factually in exceptional circumstances, namely when housing, land and/or property is destroyed or when it no longer exists, as determined by an independent, impartial tribunal. Even under such circumstances the holder of the housing, land and/or property right should have the option to repair or rebuild whenever possible. In some situations, a combination of compensation and restitution may be the most appropriate remedy and form of restorative justice with up to one million of its citizens living as Refugees in neighboring states soon after the 1990 Genocide.
The Govt of Jammu & Kashmir needs to introduce a National Human Settlement policy to resettle thousands of people/ refugees of J&K who intend to return. Among those who wish to return are “old” groups of refugees, most of whom have spent 32 years in exile in neighboring states of India. The National Human Settlement policy, should target the establishment of specific residential areas in each village/ District as effort to enhance proper land utilization and the provision of basic services. The fact that people would be concentrated, living in defined areas, would make it much easier and more efficient for the government to provide social and economic services to the population.”
This is in line with reaffirming the rights of refugees, especially the displaced women and girls, and recognizing the need to undertake positive measures to ensure that their rights to housing, land, and property restitution are guaranteed.
Views are purely of the author’s personal. Satish Mahaldar is Chairman, Reconciliation & Rehabilitation of Migrants. He can be reached at mobile 9818099625 and email [email protected]