INTRO

The Partition of India in 1947 is among the most tragic events of the 20th Century. It
is believed to have led to the largest mass migration in the human history leaving
nearly 12 million people displaced, besides causing the death of about 1 million
people in communal riots. Hundreds of thousands of them have still no place to call
their home. Many live in India and Bismillah Geelani reports on how the plans for
their resettlement have sparked a huge controversy in the Indian administered
Kashmir.
Report
Babu Lal was just 7-year old when the partition of India took place in 1947. His
family lived in Sialkot District that became part of Pakistan. They stayed back while
millions of Hindus left Pakistan to settle in India. But later in the same year, When
India and Pakistan went to war to gain control over the region of Kashmir they felt
increasingly insecure in a Muslim majority Pakistan and fled to India.
67-years later, Babu Lal is a grandfather but he is neither an Indian nor a Pakistani.
Lal CLIP 1 ( MALE PUNJABI ) After all these years we still cant vote. We have no
home, no land, no job and no documents, nothing at all. Our children have no
future. We couldnt educate them so they wander here and there like gypsies to
earn a meager living.
Like Babu Lal , more than a million Pakistani Hindu refugees live in the state of
Jammu and Kashmir but have no citizenship rights.
The Citizenship Law of Jammu and Kashmir known as the State Subject Law makes
them ineligible to claim permanent resident status.
Ghulam Nabi , a member of Kashmir Bar Association explains.
Ghulam Nabi CLIP 1 ( MALE URDU ) The law came into effect in 1927 long before
the partition of India happened when Kashmir was an independent state .It was
introduced in response to an agitation by local people who were feeling insecure
because of the influx of outsiders into the state who were occupying jobs leaving
the locals bare handed. But the law was brought not just to protect jobs but more
importantly to preserve local traditions, culture, borders and the overall identity of
Kashmir. So the outsiders were barred from purchasing or owning land and property
in the state which automatically meant them denial of permanent resident status.
But the Pakistani Hindus are not even recognized as refugees.
Meenakshi Lekhi is a Parliamentarian from the ruling Bharatiya Janata Party or BJP.
She says it has more to do with politics than with law.

Lekhi CLIP 1 ( FEMALE ENGLISH ) The state whether it is the centre or the state
government itself could have been a cohesive force that could have put everyone
together and no such thing has been done because of the vested interests where
people used it more as a political tool between India and Pakistan but not bothering
to take care of humanity and the human beings who have suffered because of this
politicization. Theres no registration, no number of people and no benefits which
these people should have got being in a different country from their original country
of origin. On the one hand the citizenship provisions and the state politics comes in
the way of giving them their rights, on the other front, the international front, the
same mechanism is ignored by not recognizing them as refugees.
The refugees appeals and protests over the years have failed to bring them any
relief.
They however succeeded in pursuing the Hindu Nationalist Bharatiya Janata Party or
BJP to take it up as a major issue during their election campaign.
Soon after the BJP won absolute majority in general elections last year, Prime
Minister Naraendra Modi promised that his government would take steps to end
their suffering.
And now the government has expressed its intension to settle all the refugees
permanently in jammu and Kashmir.
But the move is seen in Kashmir valley as part of a conspiracy of the Hindu
Nationalist Party to bring about a demographical change and turn Kashmirs Muslim
majority into a minority.
SFX-4 Sound from protests in Kashmir.
It has sparked massive protests from Kashmiri separatist groups.
Yasin Malik is Chairman of Jammu And Kashmir Liberation Front.
MALIK CLIP 1 ( MALE URDU ) If the government is really concerned about the
plight of Pakistani refugees why dont they settle them somewhere in India? There
are so many states. We wont let it happen here, firstly because Kashmir is a
disputed territory and secondly it is also a forest land and there are serious
ecological concerns. And then theres our State Subject Act. They know they cant
do it but they still insist because they want to stoke communal fire. Let them know
that Kashmiris will never allow it, we will resist with all our might and defeat the
sinister attempt.
The pro-India mainstream political parties in Kashmir are also strongly opposed to
the governments plan.

Mohammad Akbar Lone is a member of Kashmirs Legislative Assembly and a senior

leader with the main regional party the National Conference.
Lone CLIP 1 ( MALE URDU ) The Pakistani refugees are our gusts and they are
welcome to stay here as guests as long as they wish. But theres no question of
keeping them as citizens of Jammu and Kashmir, for us it would be like digging our
own grave and we will never do that.
At present, Kashmir does not have an elected government in place.
The Assembly elections held last month gave a fractured verdict and the political
parties are still negotiating to form a coalition government.
Political analysts like Manoj Joshi say the resettlement of refugees is something any
local government would prefer to avoid.
He warns that forcing a decision n on the local population could have serious
repercussion.
Joshi CLIP 1 ( MALE HINDI ) It is a highly complex issue and Kashmiris are very
sensitive about it. There are many problems for us in Kashmir and internationally, it
is still largely considered a disputed territory so we have to be very cautious. We
cant afford to ignore the aspirations and sensitivities of local people because that
would be a serious threat to the fragile peace that we have been able to bring about
with a great difficulty.
For refugees like Ravinder Singh , the situation is very distressing.
He says while they dont want to be the cause of controversy they deserve a better
future, at least their children do.
Ravinder CLIP 1 ( MALE HINDI ) It hurts when after two generation people still tells
us that we are Pakistani refugees. We have somehow lived our life but we dont
want our third generation to suffer the pain we have been through.