Friday, 1 March 2013



West POJK Refugge

Confusion over State Subject Definition of 1927
Refugee Problem
           
Jammu, Feb 23: Refugees from West Pakistan, blame Article 370 and the State Subject Definition of 1927 for their failure to obtain citizenship rights in Jammu & Kashmir. They said so in a seminar on the problems facing the refugees from West Pakistan only the other day held at Press Club Jammu. They were absolutely right. However, it is important to understand the circumstances under which the State Subject laws were enacted in 1927 and the attitude of Kashmiri leadership towards it. A proper understanding on the issue is a must.
The State Subject Definition was introduced by Maharaja Pratap Singh to defeat the questionable intentions of the Kashmiri leadership with the Dogra Sadar Sabha, founded in 1904, playing the most crucial role in the movement leading to the enact of the State Subject laws. Indeed, there were cogent reasons for the Maharaja to enact these laws. For example, the Kashmiri leadership of the time was pressing for "importing educated" members belonging to their community so that they could man all the important and other positions in the state. The Maharaja and his administration, which was roundly criticized by the Punjabi and Anglo-Indian press, had dismissed the demand of the Kashmiri leadership saying "educated" people belonging to both the major communities were available in the state and, hence, their demand was not unjustifiable. And the response of the Kashmiri leadership to the enactment of the State Subject laws was one of great dissatisfaction. In fact, the Kashmiri leadership opposed these laws tooth and nail between 1927 and 1947.
It was only after 1947, when anti-Dogra and anti-Jammu Jawaharlal Nehru got the state power transferred from Jammu to Kashmir using foul means to keep NC president Sheikh Mohammad Abdullah in good humour, that the Kashmiri leadership took a complete U-turn on the State Subject question and started opposing tooth and nail the demand seeking abrogation of the State Subject laws. The demand for the abrogation of the State Subject laws was raised in Jammu in particular and the argument the opponents of the State Subject Definition advanced was that since the princely rule in the state had ended and since Jammu & Kashmir had lawfully acceded to the Indian Dominion, it shall be only appropriate if the state was brought at par with other states and people across the nation granted the right to live and work anywhere in the country. They were the same people who had opposed the incorporation of Article 370 in the Indian Constitution on the ground that the grant of special status to the state at the behest of Kashmiri leadership would complicate things for India in Kashmir and enable Pakistan and other hostile nations in the world, including England and United States, to play nefarious games in the region. Notwithstanding the loud clamour in Jammu and Ladakh for bringing the state at par with other states of the country, the Kashmiri leadership supported to the hilt by Nehru & Co incorporated the State Subject laws in the Jammu & Kashmir Constitution, which was enforced on January 26, 1957.
The reasons behind the opposition of the Kashmiri leadership to the demand in Jammu and Ladakh for complete integration into the Indian Constitutional framework are quite understandable considering what has been happening in Kashmir since 1947. They do not want any Indian residing in other parts of India to settle in the state. On the contrary, they are cleaning Kashmir of those who do not subscribe to their ideology and trying to create in Jammu the Kashmir-like situation so that they could tell the international community that the entire state wants to go out of the Constitutional organization of India. Besides, they believe that the grant of citizenship rights to the refugees from West Pakistan would not only enhance Jammu's representation in the Legislative Assembly and change the state's demographic profile. However, it would be wrong to blame the Kashmiri leadership. For, it is doing what it is expected to do. The real culprit is New Delhi. Hence, the refugees should blame New Delhi and not the Kashmiri leadership which can be tackled in no time.

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