From Exclusion to Inclusion: How Article 370's Nullification Changed Lives of West Pakistan Refugees

West Pakistan Refugees (WPRs) are planning a grand celebration on August 5th to mark the fifth anniversary of the nullification of Article 370. This landmark event restored fundamental rights that every citizen in a vibrant and functioning democracy should enjoy. Let’s explore the circumstances faced by WPRs before August 5, 2019.

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Who Are West Pakistan Refugees?

West Pakistan Refugees are members of Hindu and Sikh communities who migrated from the Sialkot area (now in Pakistan) during the partition in 1947. They settled primarily in the Jammu, Kathua and Rajouri districts of the Jammu province in the erstwhile state of Jammu and Kashmir. Some families also settled in Punjab, Delhi and other states of India. The main reason for their settlement in Jammu was its connectivity to Sialkot by railway and road. Around 5,764 families migrated to Jammu after partition. Initially, the West Pakistan Refugees (WPRs) in Jammu wished to relocate to other states in India, but assurances of land and other rights by state authorities, especially by Sheikh Mohammad Abdullah, the then Prime Minister of J&K, persuaded them to stay in Jammu. Their settlements are mainly concentrated along the international border and the Line of Control (LOC) including areas like Jorian in Akhnoor tehsil, and districts of Jammu, Samba, and Kathua. Many WPRs belong to the Other Backward Caste (OBC) and Scheduled Caste (SC) categories. They live on the outskirts of Jammu and rely on informal jobs, agriculture, and related work. Their informal jobs include factory work, hawking, masonry, and casual labor in local industries.

What was the plight of West Pakistan Refugees in J&K?

Under the Jammu & Kashmir Constitution, WPRs were not considered " Permanent Residents." According to Part III and Section 6, only those who were State subjects of Class I or II on May 14, 1954, or had lawfully acquired immovable property and resided in the state for ten years before that date were deemed Permanent Residents. Article 35A granted special rights and privileges to these Permanent Residents. As a result, WPRs who arrived in Jammu in 1947 were barred from numerous rights due to the retrospective application of the definition of "Permanent Residents" of Jammu & Kashmir. Consequently, 5,764 migrated families were not treated as “Permanent Residents" in the erstwhile State of Jammu & Kashmir despite them being citizens of India. Lacking Permanent Resident status, WPRs faced numerous restrictions: they could not vote in assembly or local elections, purchase property, secure government jobs, or enrol their children in technical and professional institutions. Although 5,833 acres of land were allotted to WPRs in May 1954, they did not have legal ownership and could not sell the land. This denial of Permanent Resident Certificates (PRCs) for over seven decades kept them at the bottom of the socio-economic ladder. Their requests for better accommodation were rejected by the Kashmiri leadership, while those who settled elsewhere in India after Partition received benefits and prospered.

Nullification of article 370 provided full citizenship rights

With the nullification of Article 370, WPRs are now recognized as residents of Jammu and Kashmir under the Domicile Law of 2020. The Lieutenant Governor has promised to grant them land rights, addressing long-standing issues. For the first time, WPRs were able to vote in the District Development Council (DDC) elections of 2020. Additionally, the Indian Ministry of Home Affairs has approved a rehabilitation package similar to those given to displaced families from POJK (1947) and Chhamb (1965 & 1971). This package aims to help WPRs start small businesses or self-employment ventures, providing them with stable and ongoing income. WPR youth are also supported in securing jobs in central paramilitary forces and offered opportunities for skill development and sports. With these renewed rights and hopes, it's no wonder that WPRs celebrated the Supreme Court's upholding of the Centre’s decision to abrogate Article 370. They eagerly anticipate the chance to vote for the first time in future Jammu and Kashmir elections.