Posted by : Ashutosh Garg Monday 24 November 2014

CONDITION OF KASHMIRI PANDITS

 
The Kashmiri Pandits (also known as Kashmiri Brahmins) are a Brahmin community from the Kashmir Valley, a mountainous region in the state of Jammu and Kashmir in India.

Exactly 24 years ago, on January 19, 1990, the biggest ever exodus of people happened since the partition of India. The minority Hindus of Kashmir, Kashmiri Pandits, fled the valley leaving behind their homes and homeland to save themselves from persecution at the behest of Islamic extremists/terrorists.

Around four to five lakh Kashmiri Pandits were displaced due to militancy in Kashmir valley. Every year since that day, Kashmiri Pandits commemorate January 19 as Kashmiri Pandit Holocaust/Exodus Day, hoping to go back to their homes one day.
Terrorism in Kashmir valley started with the ethnic cleansing and genocide of Kashmiri Pandits in 1989-1990. Ethnic cleansing refers to an attempt to create ethnically homogeneous geographic areas through the expulsion or forcible displacement of persons belonging to particular ethnic groups. 

The so-called freedom movement (Azaadi) in Kashmir was joined by many local Kashmiri Muslims (and not all). They opted for guns for the so-called Azaadi which never was attained. The main purpose of terrorism in Kashmir was to create a valley homogenous in its religious (read Islamic) character. The minority Kashmiri Pandits were forced to leave the valley to create such homogeneity. If the majority community of the valley had not supported the insurgency, there probably wouldn’t have been any exodus of the minority community.

Ethnic cleansing sometimes involves the elimination of all physical vestiges of the targeted group through the obliteration of monuments, cemeteries, and houses of worship. Death or displacement may also be involved in ethnic cleansing where a population is identified for removal from an area or a region. With the rise of insurgency and Islamic extremism in Kashmir, houses of minority Hindus were burned and temples were destroyed. Also, notices were pasted on the walls of Kashmiri Pandit houses telling them to leave the Kashmir valley or to die.

Genocide may possibly be used as means to carry out ethnic cleansing. Genocide is defined as the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.

Article 2 of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide defines genocide as any of the following acts committed with intent to destroy, in whole or in part a national, ethnical, racial or religious group, as such:
  •       Killing members of the group.
  •        Causing serious bodily or mental harm to members of the group.
  •        Deliberately inflicting on the group conditions of life, calculated to bring about     its physical destruction in whole or in part.
  •       Imposing measures intended to prevent births within the group.
  •       Forcibly transferring children of the group to another group.

On June 11, 1999, the National Human Rights Commission, in a ruling stated that “Against the stern definition of the Genocide Convention, the Commission is constrained to observe that while acts akin to genocide have occurred with respect to Kashmiri Pandits and that, indeed, in the minds and utterances of some of the militants a genocide-type design may exist, the crimes against the Kashmiri Pandits are near-Genocide and not Genocide.”

What happened in 1990s in Kashmir was ethnic cleansing of Kashmiri Pandits marked with genocide.Kashmiri Hindus were killed by terrorists in 1989 and afterwards until they left the valley. Prominent Kashmiri Pandits who were killed are Pandit Tika Lal Taploo, Justice Neel Kanth Ganjoo, poet Sarwanand Koul ‘Premi’ and his son, advocate Prem Nath Bhat, Lassa Koul (Director, Doordarshan Kendra – Srinagar).
Though the official figure of Kashmiri Pandit killings is 219, Kashmiri Pandit Sangharsh Samiti, a valley-based organisation, suggests that 399 Pandits were killed and the list of Pandit killings is still incomplete. A survey was done in 2008 and 2009 to find the precise number of Pandits killed. The survey revealed that 302 members of the community were killed in 1990 alone. Such selective killing of minority Hindus of Kashmir amounts to genocide.

Armed insurgency was a movement to secede the state of Jammu and Kashmir from India and Pandits were seen as living symbols representing India in Kashmir. They were seen as obstacle in the path of the so-called Azaadi from India. The valley was cleansed of Pandits because they had a tilak on their forehead. It is worthy to mention that there were some good neighbours of Pandits (belonging to the majority community of Kashmir) who advised them to leave as they also knew that the Valley wasn't safe for Pandits anymore.

What has changed for the exiled Kashmiris in these 24 years? Have those responsible for making Kashmiri Pandits homeless been prosecuted in these years? It is ironic that there has not been a single judicial enquiry about the exodus and killings of Kashmiri Pandits.
The Government of India has failed Kashmiri Pandits (who are the aborigines of Kashmir valley) as they are still living as refugees in their own country. The state as well as the central government has not taken substantial measures till date for the return of Kashmiri Pandits back to the valley.The UPA regime had in 2008 announced a package for return and rehabilitation of Kashmiri migrants in which the assistance offered for reconstruction or construction of houses was capped at Rs. 7.5 lakh. 

This assistance was also only applicable to families of Kashmiri Pandits who had sold their properties between 1989 and 1997 when The J&K Migrant Immovable Property (Preservation, Protection and Restraint of Distress Sale) Act was enacted.By the historic win of BJP led NDA over UPA has shown some positive sign towards rehabilitation of Kashmiri pandits. Amidst strong by the grand mufti of J&K, In its first step towards fulfilling Prime Minister Narendra Modi’s promise of rehabilitation of Kashmiri Pandits, the home ministry is all set to approve an enhanced package of Rs. 20 lakh per family for re-construction of their houses in the Valley. Once the plan is approved, the families would get the Rs. 20 lakh assistance irrespective of time when they disposed of their properties in the Valley.

However only time will tell how much this rehabilitation project will be successful and Kashmiri pandits will be able to get their rights to live in their own motherland.


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