Memorandum to NHRC

Sunil Shakdhar Gen. Secy. and Niranjan Nath Kaul President Kashmir Samiti

 (The KP community, shocked by the usual discriminatory ways of the authorities even while dealing with the post-Chrar situation in Kashmir, hastened to submit another memorandum to the Chairman, National Human Rights Commission. The Chairman, NHRC assured the delegation that he would take up all issues one by one and that Samiti office-bearers were free to meet him three times a week to see that every problem is settled on spot. The memorandum submitted by the Kashmiri Samiti on behalf of the entire community is reproduced hereunder: Editor)

Subject: Human Rights Violations of Kashmiri Pandits

Dear Sir,

This is to invite your attention to the various representations made by our organisations since the establishment of National Human Rights. Commission beseeching your intervention, particularly to our memorandum of 7th March, 1994 submitted to you in Delhi followed by a detailed memorandum presented to you by the Kashmir Movement on 7th June, 1994 regarding protection of our fundamental and human rights

The members of the National Human Right Commission while in Jammu in June 1994 visited some of the refugee camps and observed for themselves the sad plight of these camp inmates and took note of denial of human rights of thousands of our community members. Speaking to the media after their visit the National Human Rights Commission delegation emphasised the immediate need of improving these inhuman conditions.

After reading these remarks in the press we were straightaway impressed by the concern shown by the members of the National Human Rights Commission team and this created a hope as well that formal recommendations of the NHRC to the Government of Jammu & Kashmir State and to the Union Govt would follow soon. Since nothing of the type has happened till this date, while the situation is further deteriorating, it makes us restive and sad. Permit us, most respectfully to record our disappointment with the NHRC on this account.

Unless something is done soon by the NHRC, our faith that fair treatment would be meted out to us, would be shaken and would lead us to depression and untold agony. Further, our confidence in democratic functioning of India and in the laudible ideals of the NHRC would be eroded.

We want the NHRC to recognise once for all and declare that:

 (a) Kashmiri Pandits have been subjected to gross human rights violations by fundamentalist terrorists as this small community was a sign post of secularism in the Valley, an eye sore to Pakistan, a great hindrance to the designs of Pakistan to annex the Jammu & Kashmir State;

 

 

 

(b) Kashmiri Pandits were singled out as an identifiable minority for annihilation because they were Hindus and a hindrance in Islamization of the Valley and to the objectives of Nizam-i-Mustafa;

 (c) Kashmiri Pandits are a prominent part of humanistic-pluralistic peaceful Kashmiri culture called 'KASHMIRIYAT' which was bestowed on Kashmir by saints and sofis. This philosophy was the bedrock of Kashmiri culture irrespective of what religion one may profess in the valley. This being a great obstacle to the fundamentalist terrorist designs is being destroyed by them. Burning of Chrar-i-Sharief and hundreds of temples, torching the Kashmiri Pandit properties right from 1986 is a pattern to serve the objectives of Pakistan;

 (d) Kashmiri Pandits left the Valley to save their lives, to save the honour of their womenfolk after they satisfied themselves that the Govt. machinery had totally broken down;

 (e) Kashmiri Pandits and other secularists cannot go back to the Valley unless peace is established there, gun-culture is extinguished and the venom of fundamentalism injected in the Valley is extracted from the minds of those who had got into its clutches.

The basic facts need to be recognised. The problems pertaining to our human and fundamental rights should be taken up one by one and remedies could be found for our devastated community to get to our feet as human beings with human and fundamental rights assured to us.

There are some important issues on which we would like to appeal for quick attention. These are-

 (a) The Kashmiri Pandits have distinct characteristics and belong to 'Shiva Mat' of Kashmir. We are a small minority whose existence is in danger. We would like you to intervene so that we are declared as a minority.

 (b) The Kashmiri Pandits have all those rights (Fundamental and Human) as enshrined in our constitution. We would like you to advise the Govt. of India to consult us on all matters concerning us and provide us opportunity to give our opinions on matters which affect our lives.

 (c) Kashmiri Pandits are an identified minority for fundamentalist-terrorist onslaught and as such the Kashmiri Hindu employees should not be posted in the Valley for whatever reason till peace is assured. The State Govt. orders given in this connection to any employees or any group of employees should be cancelled. All the displaced employees should be treated at par with or other regular employees of the State without any discrimination and all benefits of employment should be given to them.

 (d) The tented/camp life of Kashmiri refugees should forthwith be ended. It is an inhuman existence. The Govt. should be advised to provide roofed accommodation to the refugees in tune with their status and background.

 (e) The properties of Kashmiri Pandits in the Valley damaged and destroyed during the period of militancy should be compensated and the remaining ones fully protected. Further, the Kashmiri Pandits' remaining houses, orchards and other establishments have been illegally occupied and all these should be vacated and protected in future.

 (f) The claims of insurance which are pending for the last five years in respect of Kashmiri Pandits should be settled immediately on war

(g) The Govt. should be advised to take proper care of the boys and girls of the refugee Kashmiri Pandits in finding admissions in professional institutions in the country. Further the age be relaxed for jobs and examinations.

We will be grateful if quick action is taken on our request. Needless to say we are willing to provide documentation and explanation on all issues raised by us in our representations and on other issues connected with human fundamental rights of the Kashmiri Pandits, when asked to do so.

With great regards,

Sunil Shakdhar Gen. Secretary.

N N KAUL President

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Courtesy: Sunil Shakdhar Gen. Secy. and N N Kaul President  and June 1995 Kosher Samachar