Bill in Rajya Sabha for KP Rehabilitation in Kashmir

 

Last 2-3 days have seen some kind of stirring in the placid KP community as news came in that the President of India has forwarded a Private Member's bill to the Rajya Sabha Secretariat for 'consideration' under Clause (3) of Article 117 of Indian Constitution. The KP community, exiled from Kashmir in 1990, has been striving to be heard by the powers that be, for last 35 years. Unfortunately, our miniscule community does not constitute a vote bank so neither the politicians (across spectrum) nor the judiciary have been keen to even look at our plight. KP organizations and groups tried to approach the courts several times - each time our pleas for instituting a commission of enquiry into what caused genocide of Kashmiri Pandits were rejected. The Supreme Court agreed to open cases pertaining to 1984 anti-Sikh riots but did not see merit in our pleas to order an enquiry into what happened in Kashmir in 1990! In such a scenario, Mr Vivek Tankha, the only KP origin MP in Indian Parliament introduced a private member's bill for Social, Political and Economic Rehabilitation of Kashmiri Panditsin the Rajya Sabha, on Feb 2, 2024. The bill was forwarded on July 22, 2025 by the office of the President of India to the Rajya Sabha Secretariat for 'consideration'. Vide Clause iii of Article 117, such approval by the President is required for any bill involving expenditure from the Consolidated Fund of India. Thus, Vivek K Tankha's billappears to have fulfilled the first basic criteria. Vivek Krishna Tankha (b 21.09.1956) is a Member of Rajya Sabha from MP. Born in Rewa, MP and settled in Jabalpur, Vivek is a former Additional Solicitor General of India and a Sr Advocate of the Supreme Court of India. He is currently serving his second term as a Rajya Sabha member, affiliated to the Indian National Congress. Born into a family of lawyers with roots in Kashmir, his father was Justice RK Tankha. Before getting into the specifics of the bill, we need to acknowledge the persistent and unwavering efforts of the Global Kashmiri Pandit organization at seeking justice for KPs living in scattered pockets across the globe. It is GKPD which has been coordinating with Mr Vivek Tankha. Some Salient Features of the Bill: 1. Title: "Kashmiri Pandits (Recourse, Restitution, Rehabilitation and Resettlement) 2. BILL, 2022" (Bill No CIV of 2022). Objective of the Bill: To Provide for Social, Political and Economic Rehabilitation of Kashmiri Pandits, protection of their property, restoration of their Cultural Heritage, ensuring their safety and security, provision of rehabilitation and resettlement package to  them and for matters connected therewith or incidental thereto. 3. Defining of Who constitutes a KP!Most important! 4. Who shall be members of the Advisory Committee: 21 KPs with minimum 3 members from the Global Kashmiri Pandit Diaspora (minimum 1 woman to be included). Two members of non-KP minorities from Kashmir valley Minimum 25% members of the AC to be women. 5. Provision of Domicile Certificate for KPs: Persons registered as Migrants with Office of Relief Commissioner (Migrant) Those eligible as per criteria mentioned vide Rule No 5 of the J&K Grant of Domicile Certificate (Procedure) Rule 2020. Is related biologically or thru birth lineage or marriage or adoption or a culturally mandated kinship ritual, has an ancestor who was a resident of the undivided State of J&K as on May 1944. Can prove that their ancestor as referred under Clause iii of this subsection migrated out of Kashmir prior to May 1944 and maintained their connectivity with the KP Community through its samskaras of birth, sacred thread, marriage, death, shraddha rituals and is recommended by the Advisory Committee. Any individual who is a member of the Saraswat community who can demonstrate with reasonable antecedents that their ancestor migrated out of Kashmir prior to May 1944 and is deemed as necessary to prevent the extinction of the Kashmiri Pandits. 6. Social. Political and Economic Rehabilitation: Grant of minority status to Kashmiri Pandits in terms of Clause (c) of Section 2 of the National Commission for Minorities Act, 1992. Declaration of Kashmiri Pandits as victims of genocide and change in their official nomenclature to 'Internally Displaced Persons' (IDPs). 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 minority community starting from 1988 till the enactment of this Act. To ensure enhanced political rehabilitation across local bodies, Legislative Assembly and Parliament. Enrolment of all migrant KPs as voters and to provide proportional reservation in local and legislative bodies. To enhance employment opportunities for migrant youth already living in J&K or those willing to return and resettle. To create 10,000 direct employment opportunities for migrant and domiciled KPs. Minimum 10% quota in J&K Govt and Central Govt jobs to be reserved for KPs. To create opportunities for Self Employment and encourage enterprise, establishment of Cottage industries and MSME facilitation to be done. To ensure Cut Off marks' relaxation for wards of KP Migrants across State & GOI, reservation of seats and waiving off Domicile requirements for KP wards. Special scholarships to be provided to KP children Protection of Property: Ownership of Private property of KPs to be restored; conflicts of land grabbing, illegal occupancy, encroachment to be resolved at block level. District Magistrate to take over possession of encroached properties. Records to be published on-line within 3 months. Sale of property, moveable as well as immovable, sold after 1989-90 by displaced persons to be declared as Distress Sale and declared null and void. Possession to be restored to the original owners. Provisions of J&K Migrants Immovable Property Act 1997 and J&K Migrants Act 1997 to be implemented in letter and spirit. 8. Rehabilitation, Resettlement and Security Package: KP families to be rehabilitated in a specific designated area of Kashmir valley. This includes Migrants living in camps as well as those willing to return to the valley. A specific grant to be given to each family for construction of house and other expenditure for resettlement. A Cash relief of Rs 20K/ month to be given to every family; amount to be enhanced every 3 years. Every KP family to be provided with a firearm license. Increase in number of KPs and other minorities (3000 personnel) in the Security apparatus. 9. Setting up of an Inquiry Commission: Govt to set up an Enquiry Commission to investigate KP Genocide and mass exodus by KPs from Kashmir Commission to be headed by a Retd CJI, two retired judges of the J&K High Court, besides 8 senior security personnel (Serving and Retired) and four KPs as recommended by the Advisory Committee. The Inquiry Commission to have prosecutional powers and the power to appoint a Judicial Tribunal that can help bring the perpetrators of crimes against KPs to justice. 10. Restoration of Temples and other Heritage Sites: A Special Board to be set up in accoardance with Religious Endowments Act 1863 and to be known as Kashmiri Hindu Shrines Board for protection and management of these shrines, on lines with Mata Vaishno Devi Board and Shree Amarnath Shrine Board. Govt to constitute a committee of historians, archaeologists, members from Bhat Memorial Society and members of KP Community to identify old temples, heritage and spiritual sites, holy springs, ashrams, maths, ghats, schools, cremation grounds, hillocks and sites connected to Kashmir's spiritual and cultural ethos. A Special Officer with designated powers to be appointed for collecting information and documentation pertaining to these temples and sites. The SO shall have the powers to call witnesses and hold on-site inspections etc. Observations and Analysis: Prima facie, the bill appears to be well drafted (MrTankha is an experienced Supreme Court lawyer) and ticks most of the boxes demanded by KP Diaspora. However, one must take into consideration the ground realities of Kashmir. Some provisions do appear idealistic, even simplistic, straight out of the Fabian Socialism concepts of Beatrice and Sydney Webb! The bill talks of Rehabilitating KPs in Kashmir, probably in gated community ghettos. Such clusters would be akin to establishing wildlife sanctuaries, if not the zoos where KPs can live 'safely'. Time for going back to the pre 1970 'mixed community mohallas' is no longer viable - so, living in an exclusive KP cluster appears to be a sensible option. It can provide a sense of togetherness and security to the KP community. No doubt, the danger of such gated communities becoming magnets for determined terrorists always exists but what other options do we have? Living together can provide us numerical strength, useful politically as well! Traditionally, KPs were used to living in KP majority clusters like Habba Kadal, Rainawari, Karan Nagar, Jawahar Nagar etc. The provisions for appointing Inquiry Commission need strengthening-otherwise, such commissions end up being an exercise in futility - more like toothless tigers. Having said that, we need to understand that the bill needs the support of ALL political dispensations in the parliament, including our avowed 'sicular' parties, to become a law! MrTankha first needs to convince his own political party, the Congress to own the bill. Then, of course, it needs support from the ruling dispensation - the BJP, which has remained lukewarm to the plight of KPs since it came to power in 2014. Possibly, KPs are not a priority for the BJP, given our low numbers and divisive political opinions. Quite possible that KP community had high expectations from the BJP. No document, legal, literary, political, or even spiritual can satisfy the aspirations of every individual in a vibrant, thinking society. The Indian Constitution, drafted by some very brilliant minds and probably the most elaborate document (395 articles and 8 schedules against a mere 7 articles that constituted the First American constitution) had to be amended within a year of its coming into force -in 1951! It is possible that the current bill falls short of the expectations of some KPgroups or organizations (we have hundreds of such groups!). Instead of adopting the "my way or highway' approach or, throwing tantrums like a petulant child, can such dissenting groups not come up with suggestions for improving the Bill? It is, after all at the discussion stage yet! When (and if) the Bill comes up for discussion, parliamentarians can suggest amendments and changes before it is put to vote. Why not prepare material that can be shared with MPs who profess to be sympathetic to KP cause? That would be a positive contribution by the community and its well-wishers who should not lose sight of the fact that in 35 years of exile, our matters have not reached the portals of Parliament in such a structured manner even once! What can the KP Community Do? Recently, I was rereading the fascinating story of birth of Israel in 1947(0 Jerusalem by Larry Collins & Dominique Lapierre). The UN General assembly was planning to vote on the question of partition of Palestine. Jews were short of two third majority vote necessary for partition and were trying to mobilize every resource to coerce or convince nations to vote for them.Four nations opposed to partition, Greece, Haiti,Liberia, and the Philippines, were subjected to a deluge of diplomatic pressure.Harvey Firestone (a Jew) of the Firestone Rubber Company was 'convinced' to speak with William Tubman, President of Liberia- and threatened with reduction of rubber imports from Liberia. Liberia 'agreed'. Similar pressure was put on other countries. While I understand KPs do not have the clout (financial or political) to force political parties, what stops us from cultivating political opinion makers? In 1990s, Kashmiri Samiti Delhi had an exceptionally close rapport with BJP leaders in Delhi - that, alas does not exist today. We could have tried different KP groups and organizations to cultivate various politicians and parties to create pressure. The passing of the Vivek Tanka sponsored bill is still a long way off. Can we try to create pressure thru media, thru personal contact, and rapport so that the community stands to gain? We have nothing to lose but our petty egos and a whole world to gain!

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The views expressed in the Article above are  Sanjeev Munshi     views and kashmiribhatta.in is not in any way responsible for the opinions expressed in the above article. The article belongs to its respective owner or owners and this site does not claim any right over it. Copyright Disclaimer under section 107 of the Copyright Act of 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, education, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing."

Courtesy:  Sanjeev Munshi     and Koshur Samachar- October,2025