Tankha s Private member bill in Upper House KASHMIRI PANDIT COMMUNITY S QUEST FOR JUSTICE A STEP FORWARD

 

Congress MP Vivek Tankha’s private member bill on the rehabilitation of Kashmiri Pandits has been cleared for consideration by the Rajya Sabha, marking a significant and a positive step towards justice for the community. Being a Kashmiri Pandit himself and a victim of seven exoduses, Tankha has put in sincere effort to address the community’s plight. The bill seeks to provide recourse, restitution, rehabilitation, and resettlement to the Kashmiri Pandit community, along with minority status and recognition as victims of genocide. It also proposes the release of a white paper documenting atrocities and the community’s plight from 1988 to the present. Let no one caste aspirations and make it a political issue. Though we all know how difficult it is to get the President of India’s recommendation, a mandatory requirement under Article 117(3) of Indian Constitution, for clearing the decks for discussion in the Upper House especially when there are financial implications, the bill now has become the official maiden document in the Parliament, irrespective of the outcome. The bill should incorporate Constitutional guarantees ensuring non-repetition of past injustices, with full-proof security, legal protection, and administrative mechanisms. Representation of displaced KPs in legislative bodies, autonomous institutions, and decision-making forums concerning J&K and national policy matters. This bill, though may not have covered some aspects as desired by various KP groups, which among other things seeks Recourse, Restitution, Rehabilitation and Resettlement. It also envisages grant of minority status to Kashmiri Pandits and declaration of members of the community as victims of genocide. The Bill also proposes the release of a white paper “documenting all events in the Kashmir valley pertaining to the atrocities and plight of the Kashmiri Pandits starting from the year 1988 till the enactment of this Act. If discussed and approved, this can be a turning point in the fight for justice for Kashmiri Pandits. According to Parliament records, of over 2,000 private member’s bills introduced since 1952, only 14 have become laws. These 14 bills include the Muslim Wakf Bill, 1952; The Hindu Marriage (Amendment) Bill, 1956; The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill 1970. However, the odds are against Tankha’s bill. While some Kashmiri Pandit organizations have welcomed the bill, others, like Panun Kashmir, have rejected it, citing its failure to address the community’s demand for a homeland in Kashmir, saying it subverts the issues of “genocide” and the demand for a homeland for the community in Kashmir. “We strongly reject the Kashmiri Pandits bill currently pending in the Rajya Sabha. The bill is an attempt to derail the discourse on genocide recognition and to deflect attention from the foundational demands of the displaced community of carving out a homeland for them in the Valley,” according to a joint statement issued by Panun Kashmir. However, many KP organizations across the globe have welcomed the Bill which seeks to acknowledge and address the immense pain, forced displacement, and prolonged suffering endured by the exiled KP community over the last three and a half decades This Bill is a step forward, but not a final solution in its current form. The community should approach this initiative with strategic maturity, not emotional reaction so that this maiden effort is not derailed. Instead, the community should approach all political parties to allow the passage with critical amendments and ironclad safeguards to reflect the ground realities and core aspirations of our community. Unity of thought, vision, and action must become our greatest strength. Let the community rise above suspicion, personal politics, and fragmentation and speak in one voice, act with collective wisdom, and advance with strategic intent. It is a known fact that the bill’s success will depend on the government’s willingness to support it and the community’s ability to present a united front. As the bill moves forward, it remains to be seen how the government will respond and whether the community’s quest for justice will finally be addressed after three and a half decades. However, some of the key questions will remain. l Will the ruling dispensation allow the bill to pass? l Can the government address the community’s concerns without the bill? what are the implications of the bill’s passage or rejection for the Kashmiri Pandit community? The outcome of Tankha’s bill will determine the community’s future and the government’s commitment to addressing their concerns. Let’s wait & watch how the Govt, vis-a-vis the NDA dispensation deals with it on the floor of two houses! These and many more questions raised by community stalwarts will be answered as and when we move forward. Good luck to this beleaguered KP community seeking justice for three and a half decades

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Courtesy:  R K Mattoo and  Spade A Spade 2025