‘India is committed under Simla Agreement & Lahore Declaration for peaceful & through Bilateral Discussions’


Vacation of PoJK: Reply to RS Q.NO. 2957, 21-03- 2018

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  • PoJK DPs, 1st Victim of Pak Aggression not fairly treated in 1st Definition of Domicile of UT of J&K
  • J&K Govt in 2014 wrongly excluded 5300 PoJK DP families from PM Package but GoI too upheld that in 2016
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  • The 1st unsung victims of Pakistani atrocities – 1947 Displaced Families from PoJK


The POJK DPs 1947 have not been paid claims for the assets / properties left behind in the areas of Indian state of J&K illegally occupied by Pakistan in 1947 suggesting that they are not refugees but are displaced families from their own country side due to disturbed conditions there where they have to go back after government of India gets the occupied areas vacated and in case government of India pays the claims for the left over assets in POJK that would send a message that India has dropped her claim over the areas of J&K illegally occupied by Pakistan. No doubt the POJK DPs 1947 in greater national interests too had gone with the technicalities of the issue.
How far and in how effective / fair manner the issues related to the socio-economic status and need of the families displaced from POJK in 1947 have been handled by governments in Delhi and Governments in J&K all these years over last more than 7 decades could be well read from the manner in which the governments have been making replies to question in the Lok Sabha/ Rajay Sabha / State Legislatures as regards the number of families displaced from POJK areas in terms of the Pakistani atrocities on the Indian subjects during the times of ‘1947’ invasions from Pakistan side, the socio economic support the governments have been extending / have extended to them, the measures taken for their return / compensating them for their properties left back in POJK in exchange for non payment of the claims for the assets left behind and steps being taken / taken by the Government of India particularly to execute the resolve of the Parliament of India as made on 22-02-1994 that Pakistan must vacate the illegally occupied areas of J&K.
It will not be out of place to mention here that even in more than 7 decades of Indian complaint neither the UN has been able to make Pakistan vacate the Pakistan occupied areas nor has India asked Pakistan in plain words to vacate the occupied areas by an appointed date even when the 22 February 1994 resolution of Indian Parliament had demanded Pakistan must vacate the illegally occupied areas of Indian state of J&K. In reply to unstarred Rajya Sabha QUESTION NO. †2957 ( measures taken to liberate POK ) asked Javed Ali Khan that was answered on THE 21st March, 2018/ Phalguna 30, 1939 (SAKA) by . Minister of State in the Ministry of Home Affairs (Hansraj Gangaram Ahir) government had said had said that India is committed under the Shimla Agreement and the Lahore Declaration, to resolve all issues with Pakistan peacefully through bilateral discussions.
In reply to starred Q- 32- Illegally Occupied Areas- (a).whether the Government has asked Pakistan at diplomatic level to vacate all illegally occupied areas of Kashmir; b) if so, the details thereof ; and like from DR. KIRIT SOMAIYA replied in Lok Sabha on 12-12-2018 by the then the Minister for External Affairs, Sushma Swaraj the reply was no different and it was also conveyed by government that (i) Pakistan has been in illegal occupation of approximately 78,000 sq.kms of Indian territory in the State of Jammu & Kashmir (ii) under the so-called ‘Boundary Agreement’ signed between China and Pakistan on 2 March 1963, Pakistan illegally had ceded 5,180 sq.kms of Indian territory in Pakistan Occupied Jammu and Kashmir to China and Pakistan continues to be in illegal and forcible occupation of a part of the Indian State of Jammu and Kashmir.`
Pakistan new Prime Minister Shehbaz Shrief ( who has been three time Chief Minister of Punjab province of Pakistan ) in his first speech in Pakistan National Assembly on 11-04-2022 has said ,”<Din Rat Kashmir Ki badiyon mein kashmiri bahi behnon ka khoon behraha ha aur kashmir ki vadee un kekhoon se surkhho geyi hai … mein yeh kehna chahta hoon ke Bharat ke saath hum achche tallukat ke kha hain lekin masla kashmir ke munsafanahal tak payeda raman kayamnahun hi sakta”
So going by the replies made in Parliament of the like the ones quoted here as regards getting POJK areas vacated and the statement made in the Pakistan National Assembly by Shehbaz Shrief Prime Minister of Pakistan on 11-04-2022 , that too in his maiden speech as prime minister, there appears very less possibility of getting the POJK areas vacated in the immediate future since even when India has enough of military power & a strong decisive Government worth getting areas vacated by force still the India keeps the world peace & lives of innocent people on her priority list. Hence government of India must listen to the miseries and peaceful demands of the POJK DP families.
Much leads can be taken by the government of India from the recommendations as have been made in the 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 (that was also laid on the table of Lok Sabha on 22nd December 2014) and 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 Rajiv Pratap Rudy MP as convener that visited J&K during first week of September 2013 for interaction with affected people and State Government which went to the extent of saying too at Para 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 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;Para says 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 except that the compensation for left back properties should not be one time settlement of 30 Lakh/ family but should be based on actual evaluation of assets left behind. The extent of the economic support these families needed could be well sensed from the fact that: a Joint Rehabilitation Board headed by the then Major General Tara Singh Bal having on it as members of State Government Authorities had recommended land measuring 12 acres Abi/ 18 acres Khushkee for the DPs.. Similarly Imagine in case a family had left back in POJK property worth Rs.1000 in 1947 and in case that money was kept in bank in 1947 it would have become worth Rs.4000 ( Rs.3993 even with 10% per annum interest if not 12% interest & quarterly compounding (if not monthly compounding) and Rs.10.24 lakh in 2017. Similarly in case the interest rate is taken as 12% then in 1965 the amount would have been Rs,8000 and just in 2013 the amount would have become R.20,56,000.

(The author is a Sr Journalist / Analyst Jammu & Kashmir Affairs [email protected]).