KASHMIRI HINDUS - THE INTERNALLY DISPLACED COMMUNITY (IDP)

 The partition of India into India and Pakistan saw one the largest human displacement ever witnessed on this planet and rightfully the sordid tale and memory of this displacement still brings shivers down our spine. However, in year 1990 another tragic and colossal human displacements occurred in Kashmir, were nearly 5 Lakh Kashmiri Pandits were forced to flee their natural habitat under duress and armed insurgency. Ironically, our nation conveniently missed this largest human displacement after partition, and the Kashmiri Pandit community was left to face the vagaries of Exile with least or very little support from outside, specifically the Government of India. Interestingly, the media and press too which reports even the low key events and activities miserably failed to highlight the issue of this hapless community giving a double death to the people who have been facing the inhuman and worst living conditions for last 27 years with NO hope of return.

Twenty five years of forced exile of Kashmiri Hindu community is at the cross roads of history where if it casts a look upon the last 27 years of journey traversed by this minuscule ethno-religious minority of Kashmir Valley, we unfortunately come across multitude of heart-breaks in the form of deceits and betrayals and coercion, ironically at the hands of those who were supposed to uphold and protect this community.

Being forced into exile by the Theo-fascist and fanatic forces in Kashmir valley for upholding Indian nationalism and Sanskrit Civilizational moorings, this religious and learned community preferred homelessness and bewilderment than succumbing to the diktats of fascist and fanatics gun yielding Terrorists of Kashmir operating with the agenda of seceding away the state of Jammu & Kashmir and establishing a totalitarian set up where minorities and people of other faiths would live a life of Dhimmis-second rated citizens.   

This community being proud of its nationalistic lineage slapped such forces and left valley with a hope that the mighty nation called India will take care of their unique identity in exile, protect and nurture the civilisational ethos it represents and further ensures its resettlement in its natural abode with dignity, safety and non-Refoulement as the cardinals of such resettlement. However, ironically, the country which this nationalist minority considered its very own were disowned and left to face the vagaries of exile with least or no support of sustenance by this mighty country called India. Things have come to such a pass after 25 years of exile that this community has to fight even for the basic needs and necessities of a normal living, least to speak about protecting the civilizational moorings and edifices which this community left back in valley, this community has to run from pillar to post even for the basic needs of day to day life like ration, electricity, portable water, health care. Imagine this community has not been supplied with ration for last four months.

While critically analyzing the plight of this community in terms of what went wrong and how it can be protected from the vagaries of exile which unfortunately if not taken care of immediately will lead this community into a phase of absolute annihilation. In order to understand how the Indian state has deprived this exiled community of its rightful dues in exile we need to understand the international covenants upheld by most of the countries in dealing with displacements happening within the geographical boundaries of such nations.

In Year 1998, United Nations Organisation Secretary General presented the Guiding Principles on Internal Displacement to UN Commission on Human Rights. The UN Commission and the General Assembly in unanimously adopted resolutions have taken note of the Principles, welcomed their use as an important tool and standard, and encouraged UN agencies, regional organizations, NGOs and member nations to disseminate and apply them. The Guiding Principles on Internal Displacement are based upon international humanitarian and human rights law and analogous refugee law and are intended to serve as an international standard to guide governments, international organizations and all other relevant actors in providing assistance and protection to IDPs. The importance of the UN Guiding Principles on Internal Displacement can be gauged from the statement of Ex UN Secretary-General Kofi Annan who noted, ‘Internal displacement is the great tragedy of our times. The internally displaced people are among the most vulnerable of the human family.’ 

The Principles identify the rights and guarantees relevant to the protection of the internally displaced in all phases of displacement. They provide protection against arbitrary displacement, offer a basis for protection and assistance during displacement, and set forth guarantees for safe return, resettlement. Although they do not constitute a binding instrument, the Principles reflect and are consistent with international law.

It is ironical that the Indian state during 1990 abysmally not only failed in its obligation to prevent and avoid conditions which led this community into exile but miserably failed in providing proper accommodation, Heath-care, Sanitation, education and economic relief to majority of IDP's. 

Indian state has not only failed to prevent and avoid conditions which led this community into exile, but have in utter defalcation of UN Principles on Internal Displacement miserably also faltered in offering assistance and protection during Displacement. Regrettably, whatever the Indian state has provided in past 25 years has been so meager that it has failed to ameliorate the sordid state of existence. Imagine, the lacking sense of responsibility and utter disregard to the international humanitarian laws, Indian state is providing a daily sustenance allowance of Rs 83 to (eligible) relief seekers. Yes! Rs 83, that too only for eligible seekers.

It has been nearly One and a half decade that UN came out with these detailed guidelines on Internal Displacement, yet appallingly our country has not officially acknowledged this displaced community as Internally Displaced community. Instead, in utter humiliation and disrespect Indian state branded this community with a nomenclature of 'MIGRANT'.  India being an important member of United Nations and one of the greatest Democracies of the world, eyeing a permanent seat in UN General Assembly has kept its own citizens deprived of such an important nomenclature and corresponding rights of Displaced Persons. 

We wonder how a country can be so insensitive and cold to its citizens who have sacrificed their natural abode to uphold the baton of Indian Nationalism. Lest India forgets it must know it has been retaining Kashmir over the sacrifices made by this community from time to time and it is this community which holds the Key to Kashmir and not the separatist which are being persistently appeased by Indian state. Indian state must also know the policy of 'incentivising separatists and discouraging of Nationalists' has already proved detrimental to the interests of Nation and furthering upon the same policy will prove to be a disaster.

Through this petition we seek immediate intervention of our respected Prime Minister Sh Narender Modi for we believe he knows the plight and pathetic state of this EXILED community. We close this petition with a hope that our PM acknowledges the sacrifices this community has made at the altar of Indian Nationhood not only since 1947 but since aeons and gives the rightful dues by acknowledging this community as INTERNALLY DISPLACED COMMUNITY.