ABSTRACT
Conflicts of interests between states and between groups within states are frequent. They may
involve resources, boundaries, security, class differences, ideological differences, individual
ambitions, and many other factors. A dispute over resources, rights, borders, religion etc may be
a necessary condition for a violent conflict to occur, but is rarely sufficient. Refugee flows and
human displacement have been a feature, and consequence, of conflict within and between
societies. The global crisis of internal displacement is one of the most pressing problems of our
time. The present paper is an attempt to analyse the genesis of displacement and comparison
between demands of different types of displaced persons.
Introduction
With the partition of India into two parts viz : India and Pakistan in 1947, there has been large
scale communal disturbance in different parts of two countries followed by open hostilities and
aggression from Pakistan in Jammu and Kashmir. The attack of Pakistan raiders in October 1947
on Jammu and Kashmir resulted into a large scale influx of displaced Hindu and Sikh population
from Pakistan and Pakistan occupied Kashmir (PoK) part of J&K into safer parts of Jammu and
Kashmir State particularly Jammu region and other states of India.
Hence on the basis of the place from where displacement took place, these victims of partition
are broadly classified into two groups. i.e.
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But there will be discussed only one i.e Displaced population from PoK
The attack by Pakistani raiders over J&K soon after the partition in 1947 (often termed as 1 st
Indo-Pak war) which started in October 1947 resulted into a large scale influx of displaced
people from POK and other affected regions into the safe parts of present J&K state (particularly
in Jammu region) and other parts of India.
One cannot say with certainty as to what was the exact number of displaced persons who could
escape the hostilities and aggression of the raiders for the 1508 villages of eight Tehsils i.e
Mirpur, Bhimber, Kotli, Mendhar, Haveli, Bagh, Sadhnuti and Muzzaffrabad apart from other
areas which continue to be under the occupation of Pakistan till date. Around 161813 houses
occupied by Hindus and Sikhs of POK were abandoned as a result of their displacement. They
were uprooted from the land of their forefathers and leaving behind their homes and hearths.
These people had to migrate and settle in safer regions of Jammu and other parts. This resulted
into a severe crisis of their rehabilitation and settlement (Vaid, 2002).
The Government respondingly constituted a Central Refugee Committee and many refugee relief
camps were opened to accommodate them in Government and private buildings e.g. at
Pallanwalan, Jourian, Poonch, Nagrota, Chatha, Company Bagh, Ustad Mohalla, Kachi Chawni,
Shahidi Chowk etc. to provide them temporary relief and shelter (Sharma, 2002).
With the increase in the number of displaced families, refugee camps were opened in other states
also e.g. Jallandhar, Pathankot, Hoshiarpur, Yol in Himachal, Chinar, Hastinapur in Uttar Pradesh
etc. The displaced families staying in these camps were registered and were provided with tents
for shelter, free food and/or cash doles. Apart from these, there were some displaced families
who instead of living in these camps opted staying with friends/ relatives or by arranging private
accommodation. These families could not be registered immediately (ibid, 2002).
As a consequence of partition, 31,619 displaced families were registered with the erstwhile
Provincial Rehabilitation Organization, which was disbanded by the State Government in 1982.
In order to rehabilitate the DPs of 1947, J&K Government had decided to settle them by
providing to the agriculturalist families residing in the rural areas 4 acres of Aabi land or 6 acres
of Khushki land per unit of the family irrespective of the size and strength of the family.
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Out of 31,619 families, 26319 families opted to settle in the state of Jammu & Kashmir and 5300
went for settlement outside the state. From these 26319 families 22,719 families had opted to
settle in rural areas. Out of which, 21,116 families were allotted land in different villages.
6,80,850 Kanals of State of EP land and 2,43,000 Kanals of State land was allotted to them.
There were only 3600 families who decided to settle in urban areas, out of which 1935 families
were allotted quarters/plots in six colonies and the claims of 1265 families were rejected but still
there are 400 families who are yet to be allotted quarters/plots.
There were 8409 families who have deficiency of land. However, from 8409 families, only 4998
families filed their claims within the prescribed time i.e. upto 4.2.1999. Out of these 4988
families the claims of 2814 families were approved by the committee constituted for this purpose
whereas the claims of 1019 families were rejected but still there are 1155 claims which are
pending for want of form “A” etc. and most of these claims are lying with different Tehsildars for
verification.
They got absolute ownership rights in respect of state land allotted to them. With the passage of
time, they were provided Occupancy Tenancy Rights in respect of evacuee land under section 3
[A] of the Agrarian Reforms Act, 1976. Apart from land allotment the displaced families were
provided with Basti sites near their allotted lands and these were regularized under provisions of
Jammu and Kashmir common lands Regulation Act, 1956 and huge amount was spent on
improvement of these sites.
The displaced families who chose to settle in urban areas were provided 1628 quarters and 793
plots in six colonies i.e Bakshi Nagar, Nowshera, Udhampur, Rajouri, Natipora Srinagar,
Housing Colony at Patoli, Jammu.
Despite allotment of about 10 lac Kanals of land, It was felt that rehabilitation package of the
Government is not sufficient. It needed various measures to be taken for final settlement. Hence,
in the year1999-2000, State Government submitted a proposal to the Government of India for
release of Rs 112 crores. Initially, nothing was received. DPs of 1947received cash payment in
lieu of land deficiency @ Rs. 5000 per family.(Divisional Commissioner Office, Jammu)
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The 1965 war led to large-scale displacement of the people from the border areas. During this
war around one lakhs Hindus and Sikhs were forced to escape from Chhamb-Jourian area in
Jammu when Pakistan army attacked it. The displaced people were lodged in eight tented camps
in different parts of Jammu region. After signing of the Tashkent Declaration in 1966 most of
them returned on their homes. (Shekhawat, 2005)
The Chhamb DPs of 1965 are those who were displaced due to Indo-Pak War of the year 1965
from Chhamb area of Tehsil Akhnoor and migrated to Jammu. In 1965, the total population of
Chhamb area was approximately 26,000 comprising of 8,100 families. during the 1965 war about
3,500 families consisting of about 8,000 souls migrated and settled in 27 basties (5 in Tehsil
Hiranagar of district Kathua and 22 in Tehsil Samba, Bishnah, R.S.Pura and Jammu. the
population was uprooted from 13 villages situated on Cease Fire Line, now Line of Actual
Control (LOC). these DPs were accommodated in the camps set up by the Ministry of Home
Affairs in coordination with the State Government. The Ministry of Home Affairs Government of
India appointed an authority for the permanent rehabilitation of these refugees called Chhamb
Displaced Persons Rehabilitation Authority “CDPRA”. The DPs of 13 villages of Chhamb sector
settled in 27 basties did not return to their native villages after the end of 1965 war and these
families have been settled properly.
The remaining DPs of 34 villages out of 47 (including one village of Tehsil Akhnoor) were
temporarily settled in 9 camps. After the war, these DPs of 34 villages whose number was
approximately 4,600 families were sent back to their villages in 1967. Their Problem and
demands are almost similar to those of 1971 Chhamb refugees.
During 1971 war broke out and the inhabitants of 34 villages of Chhamb sector consisting of 4,
600 families were again displaced and were housed in refugee camps in Kishanpur and Manwal
where they remained upto 1979-80. Subsequently these DPs were settled in 129 basties in
District Jammu and Kathua. Therefore, the DPs of all 46 villages of Chhamb sector and one
village of Akhnoor Tehsil have been settled in 156 basties in District Jammu, Samba and Kathua.
The displacement during war of 1971 was in fact the extension of the problem of 1965 war as
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well. as such the authority called Chhamb Displaced Person Rehabilitation Authority (CDPRA)
constituted by GOI to overlook the affairs of refugees also managed the affairs of DPs.
Kashmiri Pandits formed a significant minority in the Muslim dominated valley of Kashmir.
Despite being numerically small, the community played a significant role in Kashmiri society
(Shekhawat, 2005).
The rise of insurgency in the Kashmir valley and its adjoining areas since 1988 led to an ethno-
religious divide between the two major communities inhabiting the valley and its immediate and
a major consequence has been the migration of 55,304 families, which mostly comprised of
minority Kashmiri Pandit (Hindus) families, to Jammu and other parts of the country. (Relief
commissioner’s office, Jammu).
Soon after the migration in 1989-1990, the migrant families were initially resided in tents from
January 1990 to 1994. Later on, the government had no either option and in the year 1995, the
registered migrants were shifted to ORT’s (one room tenements) in a phased manner. Only, 4,558
families were accommodated in ORT’s (one room tenements) and rest had to manage their own
accommodation (Non-camp migrants) and were placed there till 2008 with very limited facilities
and faced several problems related to accommodation, privacy, education, health and many
more. The changes in their family structure, family pattern, food habits, method of celebrating
festivals and other cultural activities and also in role-relationships were seen soon after their
migration from the Kashmir valley.
As per official statistics collected from the office of Relief Commissioner Jammu in 2002, as
many as 33,618 families were registered with the Relief Organisation (RO) in Jammu, including
29, 836 Hindu families. Most of these registered Pandits live in seven main camps situated at
different locations in Jammu region. The cash and ration provided to the displaced include
assistance of Rs. 600 per head per month subject to a maximum limit of Rs.2400 per family, 9 kg
rice, 2 kg wheat flour and 1 kg sugar per family monthly.
After 21 years (approx.) of their stay in the camps, they were shifted to a newly built colony at
Jagti in Jammu district. According to the Zonal Office Records of Jagti, the total households of
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Kashmiri migrants at Jagti were 3002. Besides majority of Kashmiri Hindu families (2976), there
were also Kashmiri Muslim families (6) and Kashmiri Sikhs families (20). The number (3002)
included both relief (1721) and non-relief holders (1281).
From July 2009 onwards, the Kashmiri migrants were provided with cash assistance Rs.2500 per
soul per month subject to a maximum of Rs. 10,000 per month per family of four or more
members. They were provided with dry rations of 9kg rice and 2kg flour per head and 1kg sugar
per family per month.
According to the Divisional Commissioner office, Jammu, the following of the demands of
DPs of 1947 from POK are as under:
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4. Payment of cash compensation in lieu of deficiency in allotment unit of land in favour of
displaced persons of 1965 on the analogy of Camp DPs of 1971 vis-à-vis 1947 POK DPs.
5. Conferment of proprietary rights in favour of Chhamb DPs of 1965 over the State lands
allotted to them as has been done in the case of DPs of POK of 1947 and DPs of 1971.
6. Residential plots in basties should be in their names.
Out of total 4600 families of Chhamb, 2635 families were registered in camps as DPs of
1971. These families were settled in 66 Basties in Jammu District and 32 Basties in
Kathua District.These 4600 families were allotted land but still 699 families have
deficiency of land out of which 440 families belong to Jammu district and 259 families
belong to District Kathua. 699 families have been earmarked for disbursement of cash
relief. The Government of Jammu and Kashmir released the following amount from time
to time for payment to these families for meeting the deficiency of land @ Rs.5000/-Kanal
of Aabi land and Rs. 3333/-for Khushki land.
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10. The single member families be allotted agricultural land und cabinet order No. 578-C of
1954 or in the alternative they be paid cash compensation.
11. The provisions of Government Order No. 578-C of 1954 be made applicable to all DPs of
1965 and 1971.
12. The families who have not been allotted residential plots be allotted plots or in the
alternative be paid cash compensation as per the market prevailing rate.
Non-camp DPs
Government employee, artisans and labourer are included under the category of Non-camp
DPs. The total 1,965 claims were received in which 1,687 claims were verified. From 1,687
claims, 381 cases required reverification and remaining 82 claims were rejected. However on
verification, only 1502 families have been found genuine. The Government of India has
released an amount of Rs. 83 lacs for implementation of relief package for Non-camp DPs of
1971.
Demands
1. Occupancy rights over the evacuee lands under section 3-A of Agrarian Reforms Act,
1976.
2. The ex-gratia amount of Rs. 25,000/- be increased to Rs. 1,50,000/-
3. 1400 families who were not registered earlier be also included for ex-gratia relief.
4. Revenue record relating to these DPs lying in different revenue offices is not forthcoming
and wherever avail is in poor shape. This record needs to be preserved and computerized
on priority.
5. Adequate compensation for property which was left behind by the DPs during 1947, 1965
and 1971.
6. The Govt. is charging rents on houses allotted them. They should be exempted from
charging rents.etc.
7. DPs of 1971 are allotted land at par with DPs of 1947.
8. The Govt. has opted to settle DPs of 1947 by providing them 8 Acres of Aabi land
agricultural land and 12 acres of Khushki land per unit o family irrespective of size of the
family as per Cabinet Order No.578-C of 1954. The above scale of allotment of land be
made applicable to all DPs (1947, 1965 and 1971- camp and non-camp).
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9. Compensation against houses, gardens and agricultural lands falling in the area of Indian
Army and Pakistan standard and physical standard be given in enrolment in Central and
State Govt. services.
10. Compensation be paid to the land owners. The land owners of the property are being
denied the same on the pretext that revenue officials are unable to identify the above
lands.
11. 25 seats in Legislative Assembly.
12. Issue of about 720 Kanals of land left in village Nah in tehsil Sunderbani of Rajouri
district.
13. Landless non-camp DPs may be provided relief/monthly assistance.
While, on a visit to PoK DPs Front J&K, Udheywala, the following demands of the 1947,
1965 and 1971 DPs were collected during the Pilot Survey, are highlighted as under:
1. Enlistment of left out DPs not yet registered: Three are large number of families of
displaced DPs who have not yet been registered. These families are numbering
approximately 9600 families of 1947 and about 1600 families of 1971. They are required
to be registered expeditiously.
2. Grant of adequate compensation: A minimum of Rs 25 lac per family for loss of
family members, homes, animals sheds, milk yielding animals, transport animals,
bullocks, farm implements, meat and wool yielding animals, Jewellery, gardens, clothes,
furniture, utensils, standing crops, reservations and fodder shops, business
establishments, bank balances, flour and rice mills, private water wells except landed
property be paid to each family. This is the bear minimum as per the existing cost of the
day.
3. Ownership rights: The DPs of 1947, 1965 and 1971 (Non-camp) should be given
ownership rights on E.P landed property.
4. Issuance of ALC Certificate to all DPs: Displaced families of 1947, 1965 and 1971 and
non-camp are forced staying in the vicinity of Border areas in Jammu, RS Pura, Samba,
Hiranagar, Kathua, Rajouri, Poonch. All the families should be given Actual Line of
Control area Certificate so that their wards can be benefitted for getting jobs.
5. Reservations: Reservation in admission in the Private Technical and medical institutes of
Maharashtra, Andhra Pradesh, Karnataka and other states of India.
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6. The children of Kashmiri migrants are getting the benefits of reservation in admission
Private and Government institutes of Maharashtra, Andhra Pradesh, Karnataka and other
states of India. The same benefits be also given/extended to the children of POK DPs.
7. Wards of DPs be given minimum of 15% reservation in Colleges, Universities,
Professional Colleges, Technical Colleges, IIT etc. On the pattern of Kashmiri Migrants
in Central States.
8. Reservation in Employment
9. Backward status be given to all DPs: Since the DPs of 1947, 1965 and 1971 and non-
camp are financially poor being displaced have been allotted only nominal landed
property, majority not allotted as yet. It is strongly felt that they should be given
backward status to give them little benefit to seek employment in Government jobs.
10. Landless and houseless families of displaced persons of 1947, 965 and 1971 (Non-
camp) be given monthly stipend like it being paid to the Kashmiri migrants. Such
families who have no land/house should be allotted minimum of 10 Marla plots for
construction of house and sufficient funds to construct the house.
11. Deficient land: According the scale of allotment of land by government families of DPs
not allotted land as per laid down scale, they be given monetary rewards as per the
prevailing market rates. These payments be made expeditiously so that these families can
make do their day to day living.
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15. Those DPs who are staying in Custodian Houses and are paying rent to the
department, be excused the rent. These houses be allotted to the DPs permanently.
16. 24 seats of Assembly to be given to DPs of PoK. All these demands have been
forwarded to the central government by the state Government with recommendations and
final package has not been prepared by the State Government so far not the state
Government is pressurizing the Central Government for early settlement of the case of
PoK DPs.
17. Centre and State Government are constructing a big wall from Kathua to Planwala
near the International Border. The breadth of the wall is 130 ft. And height is 30 ft. But
the DPs who are affected due to this wall are very surprise for their ownership rights
because the EP lands have no rights to all the DPs till now.
18. Allotment of land for construction of community halls for DP’s of 1947, 1965 and
1971(Camp & Non-Camp) in Akhnoor, Jammu, R.S.Pura, Kathua to (a) to groom the
children in cultural, educational and indoor and outdoor games (b) to provide facilities in
performing marriages, general awareness for these DP families (c) to provide hostel
facilities for the students of DP’s for higher studies.
19. Grant of 8 Marla plots at safer to the families presently living in flood affected areas on
the banks of River Chenab and Tawi namely Bandwal, Gigrial Sangrampur and Makwal
camp. The DP families settled in the basties have lost the land allotted to them by flash
floods. Their habitations are being threatened by the flood waters during seasons. These
DPs be provided alternate locations for their safety.
Conclusion
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So from the above analysis, it can be concluded that different types of displaced persons
displaced due to conflict in different time periods i.e 1947, 1965 and 1971and the
migration of Kashmiri Pandits took place in 1989-90. After displacement, displaced
persons of 1947, 1965 and 1971 were initially resided in tents at different places and after
that they were allotted with land and plots at different places. Kashmiri migrants were
initially resided in tents and after that they were accommodated in TRT’s at Jagti. Though
government provided various benefits to these different types of displaced persons but the
benefits are not provided in equal proportion. Because of this biasness, displaced persons
have resentment for the government.
BIBLIOGRAPHY
1. Sharma,Vinod. 2002. Human Rights Violation-A Global phenomenon. New Delhi: A.P.H
Publishing Corporaation.
2. Shekhawat, Seema.2006. Conflict and Displacement in Jammu and Kashmir.Jammu:
Saksham Books International.
3. Vaid, S.P.2002. How Partition Rocked Jammu & Kashmir.Jammu: Shyama Publications.
Government Records
Committees
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