MEMORANDUM SUBMITTED TO SH. NARENDRA MODI
PRIME MINISTER OF INDIA
On the occasion of the WORLD REFUGEE DAY , June 20, 2015
Sh. Narendra Modi
Prime Minister of India
N. Delhi, India.
On the occasion of this World Refugee Day, we the Internally Displaced Hindus of Kashmir would like to submit the following:
- It’s now more than 25 years for us to continue to live as REFUGEES in our own country. All the governments in the State and in the Centre, including your government, have continued to call us as “MIGRANTS”, which has only one connotation that we have wilfully chosen to leave Kashmir for some better future outside. To the entire population of Hindus of Kashmir, it’s a grave insult. It also connotes a wilful intention to deny the serious crimes against humanity that were perpetrated against us.
- You must be aware that various Parliamentary Committees have urged upon the Government of India to qualify the entire population of Hindus expelled from Kashmir as “INTERNALLY DISPLACED PERSONS”. You must also be aware that even the National Human Rights Commission has chosen to qualify the tragedy that befell upon us as something “akin to genocide”. All these years we have been baffled by this ruthlessly inhuman stand taken by successive governments to recognize us as “Migrants” and our problem as a “migration”.
- It’s a well known fact that Genocides have always been followed by the campaigns of Denial of Genocide. The experts world over, who have worked on Genocide, have time and again warned the governments across the world and the Human Rights’ Organizations that ‘Denial of Genocide’ only signifies the ‘Climax of Genocide’.
- We have no hesitation in once again stating that whatever has been unleashed upon us in Kashmir is nothing but Genocide; and qualifying this Genocide as “migration” is nothing but Denial of Genocide. Your government as also the governments that preceded your government have been complicit in committing themselves to policies aimed at DENIAL of our Genocide.
- You know it very well that when the Hindus of Kashmir were expelled, it didn’t constitute a local phenomenon, which many among the political class in India still tend to believe. There is a segment in the ruling Bhartiya Janata Party too which tries to trivialize the demographic assault, our religious cleansing and genocide as a local happening committed by a few. Isn’t it a travesty of truth not to recognize and to deny the Jihadi campaign in Jammu and Kashmir?
- We shall like to once again state that we have became the front-line victims of a war which seeks an eastward expansion of the Jihad into India. Its objectives clearly are not only to capture Jammu & Kashmir, but to Islamize the entire Himalayan frontier as a prelude to the destruction of India. Kashmiri Hindus represent the civilizational continuity of India that Jihadis have sought to destroy at the very onset of their campaign.
- We have always been asking ourselves “Why does the Indian State continue to ignore the reality of the Jihad unleashed on the nation?” While addressing this question, we have come to the conclusion that the policy of the Government of India seeks a compromise with Muslim Communalism as a means of creating peace in Jammu & Kashmir. The special status accorded to the state through the instrument of Article 370 has been a device that seeks to create a permanent sphere of Muslim influence on the territory of India. The hope that this arrangement would facilitate integration of the State with the Union of India and will secularize and nationalize its polity has been comprehensively belied, time and again. The concessions, written or unwritten, apportioned to J&K have transformed J&K into a de facto Muslim state; and expulsion of Kashmiri Hindus has transformed the valley into a Muslim monolith trying to replicate itself in Jammu and Ladakh. The State has failed to protect us because Jammu and Kashmir has been transformed into a State sensitive only to the Muslim communal interests.
- When Pakistan was created, it was meant to be a springboard for expansion of Muslim power into East; when Pakistan annexed the North-western region of Jammu & Kashmir, that region was transformed into springboard of jehad into the State; and now the transformation of Jammu and Kashmir into a de facto Muslim State has served as a prelude to a permanent springboard of Jehad in the territory of India. HINDUS OF KASHMIR cannot ignore this reality. Hindus of Kashmir can’t afford to think that the genocide that they have suffered is an accident. They are aware that Genocide when ignored only replicates.
- This is a glaring truth that the Central Governments in New Delhi have treated issues pertaining to internal displacement of the Hindus of Kashmir in a tokenist way. This has been manifest nakedly in the policies of Government of India with regard to the “Return & Rehabilitation” of the Hindus of Kashmir. The Government of India has treated this most sensitive issue of Religious Cleansing and Genocide as if it were a problem similar to some natural disaster.
- You must be aware that the internationally recognized principles on ‘Repatriation’ and ‘Rehabilitation of Refugees or Internally Displaced Persons’ have kept three cardinal considerations foremost while devising the policies. These have been:
- That the security and security environment in the relocation areas be assessed primarily in terms of the evaluation of the reach, strength and sway of the forces responsible for such displacement, in the area.
- That whether basic freedoms like freedom of expression, freedom to practice religion, freedom to free movement and other fundamental rights are available to the victims in the relocation areas; and
- That whether there is a possibility and scope for sustainable development of the victim population in the relocation area.
11. These cardinal considerations became an essential component of the international experience with regard to dealing with the issues of ‘Return and Rehabilitation’. There have been several instances when victims after relocation were uprooted again because of the lack of these cardinal considerations that should have guided the process of return and rehabilitation. The international experts have therefore recognized the necessity of the “Principle of Non-refoulement” guiding the policies of return and rehabilitation of the victims in their native habitats. They recognize the necessity of protecting the uprooted people and forbid the rendering of the victims of persecution to their persecutor.
12. The Government of India knows it very well that the massacres of the remnant Hindu population of Kashmir at Sangrampura, Vandhama, Nadimarg, etc happened in retaliation to plans conceived for relocation of the displaced population. The transition camps in Kashmir valley built for the “Returnee Hindu Employees” at Vessu, Sheikhpora and other places have been subjected to many attacks and acts of intimidation. Your government is aware of various open as well as secret testimonies of the employees pleading for their relocation in Jammu or other safe places outside the valley. The secret testimonies only highlight the absence of freedoms to these people. They have been robbed of freedom to religion, freedom of expression and fundamental rights while living in Kashmir. They have been subjected to a demeaning life of a ‘subject people’. Many conversions have taken place during a small period of one year. The Hindus who are residing there are unfortunately in waiting for a bigger tragedy to happen.
13. Enough evidence in the public domain exists, and your government must be fully aware that the political milieu in the Province of Kashmir today is far more radicalised than it was in 1990. The perpetrators of Genocide continue to be the leaders and front runners who call shots on the ground. Their influence on the day to day politics and the administrative functioning is far more manifest today, than it was at any other point of time. How does the Government of India refuse to accept this reality and initiate a process of return, ignoring the fact that the perpetrators of the Genocide are ruling the roost on the ground?
14.You also know it very well that the secular discourse in the rest of India has never considered the survival and wellbeing of minorities to be determined by the goodwill of the majority. Indian secularism seeks the survival of all on the principal of equality. How could you government visualize a policy of return primarily depending upon the goodwill and mercy of those responsible for our expulsion?
15. Kashmiri Hindus are seeking the reversal of the Genocide perpetrated upon them and not a compromise with the perpetrators and that kind of politics, which nourishes the perpetrators. We seek it for our own sustainable and permanent survival as well as for the survival of the principles of co-existence and pluralism in rest of India and the world at large.
15. The violence in Jammu & Kashmir is of a genocidal nature and this violence is far more vicious, sustained and relentless than the violence seen during communal riots. In Gujarat the perpetrators of the riots have been tried and brought to justice. So far scores of rioters have been incarcerated with life imprisonments and other severe punishments. On the contrary, in Jammu & Kashmir the leaders and front runners of Genocide and terrorism are roaming free and display an extraordinary reach and sway over the local politics. The entire infrastructure of terrorism is not only intact but widening its influence with every passing day.
16. Sir, we would like to humbly emphasise and request your good-self to treat the issue of our ‘Return and Rehabilitation’ in the perspective of the “Reversal of Genocide”. For that it is very critical that your government recognizes the Hindus of Kashmir as victims of Genocide. We expect the leader of your stature and understanding to bring about this paradigm shift in the policy of Government of India while addressing this issue. Bringing the perpetrators of Genocide of Hindus of Kashmir to justice is the foremost Confidence Building Measure for the internally displaced Hindus to believe and have confidence in the Government of India as well as the ruling political establishment.
17. It is our considered view that a permanent reversal of Genocide can take place only if the perpetrators of genocide are brought to justice and by initiating measures to create a sustainable habitat for the Hindus of Kashmir. Creation of the Union Territory of Panun Kashmir, North and East of River Jehlum is the only way to create such a permanent habitat. We therefore DEMAND:
- That Government of India recognizes that the Hindus of Kashmir have suffered Genocide.
- That a permanent return of Hindus is only possible when Government of India addresses ‘Return’ as an issue of ‘Reversal of Genocide’ and not as tokenist measures, which only seek a cosmetic redressal of the problem.
- That the Government of India drops the tag of “Migrants” and instead recognizes the expelled Hindus of Kashmir as INTERNALLY DISPLACED PERSONS.
- That Government of India establishes forthwith extra-ordinary constitutional measures and creates effective legal instruments to bring the perpetrators and the collaborators of the Genocide of Hindus of Kashmir to justice.
- That Government of India initiates measures for creation of a Union Territory in the North and East of River Jehlum in Kashmir Valley with free flow of Indian Constitution, for the sustained and permanent rehabilitation of Kashmiri Hindus.
(Dr. Agnishekhar) (Dr. Ajay Chrungoo)
PANUN KASHMIR PANUN KASHMIR