The Kashmiri Pandits (Recourse, Restitution, Rehabilitation, and Resettlement) Bill, 2022: A Quixotic Manifesto

Introduction

Considering the communal conflict in the Union Territory of Jammu and Kashmir, the Kashmiri Pandits (Recourse, Restitution, Rehabilitation, and Resettlement) Bill, 2022 was introduced in the Rajya Sabha with the intention of improving the lives of the Kashmiri Pandits. The ruling party’s now-retracted measure was an effort to handle the fallout from the 1990s exodus of the Kashmiri Pandits, giving the incentive to return to their homeland – an attempt to empower the community within the administration. The Kashmiri Pandit Exodus refers to the widespread exile of Kashmiri Pandits, a Hindu minority, from the Kashmir Valley in the early 1990s. This episode was the result of a spate of growing hostilities and tensions in the area. The violence worsened at the beginning of 1990, with acts of explosion, arson, and assaults on security forces. The Kashmiri Pandits were compelled to flee their homelands. The specific number of Kashmiri Pandits who fled their homes during this period is uncertain, with estimates varying from tens of thousands to several hundred thousand.

Assessing the Bill

The Bill empowered the Prime Minister to effectively represent the best interests of the Kashmiri Pandit community, as expressed in the Global Kashmiri Pandits Diaspora Unified Declaration, through an advisory body that would advise the Government accordingly. This Bill aimed to bridge the gap between the community’s aspirations and the government’s offerings by setting up an ecosystem of government aid and empowering the community through rehabilitation and resettlement in the region. Chapter III of the bill essentially talked about the social, political and economic rehabilitation and providing a favourable environment to the people wherein Section 5 (1)(iii) proposed the release of a white paper on the issue of Kashmiri Pandits documenting all events in the Kashmir valley pertaining to the atrocities and plight of the Kashmiri Pandits starting from the year 1988 until the enactment of this Act, to be prepared by a high-level committee.

Furthermore, section 5(3) mentions the steps that the government may undertake to establish an environment of economic justice, prosperity, and economic security, for Kashmiri Pandits and other religious minorities to explore opportunities of growth and stability. Some of the measures under sub-section (3) include the creation of an appropriate corpus fund for small and cottage industries, provision for capital expenditure for its establishment, interest-free loans for setting up MSMEs without collateral requirements, and waiver of taxes for the first five years of establishment. Additionally, the bill also emphasized the significance of women’s self-help groups. According to Section 5(3)(vi), the government is required to encourage the formation of women’s Self-help Groups (SHGs) in every village and provide each SHG with a grant amount determined by the Government in consultation with the Advisory Committee.

Unfortunately, the Bill failed to consider other vulnerable communities, such as Kashmiri Sikhs, while making a reparative effort to rehabilitate the Pandit community. While occurrences such as the Chittisinghpura and the Anantnag massacres have been overshadowed by the mainstream media, the Sikhs have gone unnoticed and left without assistance. Government indifference in such cases has led to their social and economic backwardness. Thus, the Bill’s scope should be expanded to include other minority groups such as the Kashmiri Sikh community, to give adequate benefits for their upliftment.

In the late 1980s and early 1990s, the Kashmir Valley witnessed a significant rise in militancy and separatist activities. This period was marked by violence and targeted attacks on the Kashmiri Pandit community, who are Hindu inhabitants of the region. As a result, a large number of Kashmiri Pandits were forced to flee their homes and became internally displaced persons (IDPs) in their own country. In response, Section IV of the Bill outlines the Protection of Property Clauses which classifies the land sales made during the 1990s exodus period as ‘distressed sales’, nullifying contracts made during those times, which may prove to be detrimental as the inhabitants would be forced to return the property to the former owner, finding themselves homeless, resulting in distrust among communities which may sow the seeds of communal discord.

Furthermore, Chapter VI of the Bill deals with the security and safety of the minority community. It is of paramount importance to the state and to the newly optimistic Pandit population. While there have been open threats to the State in recent times from terrorist organizations, increasing the manpower to obviate such plausible atrocities would be a futile exercise as it would not gauge safety.

According to the 2010 census, there are 808 Hindu households in the valley who identify as either Kashmiri Pandits or Dogras. No official census has been conducted since 2011. The outdated data would not represent the real beneficiaries. There have been many changes in population composition, distribution and structure in the past 10 years.  The need of the hour is to conduct a thorough census which would provide comprehensive data on income level, housing settlement, educational level, etc. The data would throw light on the current plight of the population and the areas that need the attention of the government. Accordingly, the government can roll out the welfare schemes to the needy beneficiaries. The analysis would show policymakers which industries or sub-sectors to be prioritized for effective legal solutions. With the help of the data, the government can formulate policies relating to the sectors which need attention and policy-making on the same.

Conclusion

The 1990s were a particularly violent time for the Kashmiri Pandits. The government’s policy initiatives are designed to improve people’s lives and foster a welcoming atmosphere by acknowledging past wrongdoings and encouraging repatriation.

Despite the impracticality of certain aspects of the legislation – recent deaths, demonstrations, and expulsions have taught us the significance of safeguarding the community – granting long-awaited rights, and taking adequate steps to defend them. Yet, no legislation has been approved or expedited to ensure proper redressal 30 years after the incident. The bills presented have also been unrealistic and ambiguous. It demonstrates the government’s hesitancy to implement legislation, focusing instead on keeping it a contentious topic. Thus, the need of the hour is for the government to undertake steps that could alleviate the concerns of the people.