Article 35A: THE BANE OF THE WEST PAKISTAN REFUGEES.. Part3
   11-Sep-2018

 
 
3. Data Analysis
 
As previously mentioned, the questionnaire attached as Appendix B was administered to 100 respondents by random sampling, mainly in the Samba area of the state of Jammu and Kashmir. The respondents were all West Pakistan Refugees, and were asked questions about employment, land ownership, education, political rights, their knowledge about Article 35A and their political awareness. In order to understand these different issues that they deal with, it is also important to discuss them in better detail.
 
3.1 - Residence
100% of the respondents questioned had been living in Jammu, Samba, Kathua either from the time of their birth or since 1947, when they migrated from West Pakistan. The respondents were mainly from the Samba district due to the convenience of physical proximity to the researcher. Respondents from further away did not have the resources and time to travel long distances.
Of the respondents questioned, none had a Permanent Resident Certificate or any sort of government-issued proof of residence. Respondents said that they had been paying rent to the Government on the land they held, but had stopped paying it now.
 
3.2 - Voting rights
 
All the respondents of the study said that they were able to vote in the Central elections, but had never voted in the State Legislative Assembly elections, and both local body elections – rural and urban. They also stated that they could not stand as a representative in the State Legislative Assembly without a Permanent Resident Certificate. The respondents explained their perspective on this topic, saying that if they had voting rights, the State Legislative Assembly would be more concerned about their welfare, but since they do not, the State Government completely ignores them.
 
3.3 - Income and employment
 
When the respondents were questioned, it was discovered that most of them were either unemployed or daily-wage labourers. As daily wage labourers, they told the researcher that their work was largely seasonal and unreliable. Many of these labourers were those who would be temporarily employed in the agricultural sector, under landlords during the harvest season. Others said they worked in the field of construction, doing menial jobs like digging and roadwork. Some of the respondents also stated that they were pensioners in the army, after having served in the past. None of the youth were employed in any defence services. None of the respondents were, or ever had been, employed in any sort of government services, owing to the lack of a Permanent Resident Certificate. Of the women, few were employed as informal domestic help in the homes of the wealthier residents of the state, often those who had a Permanent Resident Certificate.
 
Some of the respondents, both men and women, were employed in the private sector under small businesses, but none of them were proprietors of the same. None of them held any sort of license to carry out their business. The rural dwelling respondents stated that they were involved in agriculture at a small-scale, tilling the land that they occupied in 1947.
 
In terms of income, only the army pensioners and those employed in the private sector had a steady monthly income. The respondents also claimed to be paid less than their peers who held a Permanent Resident Certificate for the same amount of work. None had a monthly income of over 15,000 rupees.
 
3.4 - Education
 
In terms of education, the respondents were a mixed bag. Some of the respondents were educated until the 12th standard. One of the respondents recounted how his brother had a PhD but could not be employed in Jammu and Kashmir, and therefore, had to relocate from the state in search of work. Respondents also lamented that the lack of employment opportunities after gaining an education was becoming detrimental to the employment rate. According to them, this was because the youth could see the unemployed yet educated parents and felt as if there was no point in further educating themselves. The respondents also stated that they could not avail of Central Education Schemes, or even the Right to Education (Article 21A of Indian Constitution) and Beti Bachao, Beti Padhao. Fundamental rights in the state are not applicable due to the provision of Article 370. Respondents also said that they had no fee waiver, and had to pay full school fees, even in government schools.
 
3.5 - Political Knowledge
 
100% of respondents were aware of the meaning of Article 35A, as well as its role in their life. When it came to knowledge about Article 370, the respondents were confused and their answers were emotional, though they had a general idea of the issue. 100% of the respondents believed that these two articles were limiting the human rights accorded to them in the state of Jammu and Kashmir. The respondents also showed a general frustration with the government of the state, who they believe ignored their existence and side-lined the West Pakistan Refugee’s human rights for their own political objectives. Their frustration with the Central Government was also evident, due to the baseless promises made by the different leaders at the centre to take steps to alleviate their situation.
 
In terms of political opinion, many of the respondents believed that the political power as well as funds were diverted towards the Kashmir Valley and the separatist elements. They state this as a point of vexation, as they believe that anti-national elements are getting more political attention than them, who are patriotic citizens of India. They also told the researcher that they felt as if the government at both levels does nothing in their favour.
 
3.6 - Relocation
 
In order to get an idea about the sense of desperation of these people, the researcher posed a question asking them whether they would consider relocation as a solution to their problem. In response to this, a number of respondents stated that they had considered it, but could not afford it. Some respondents questioned the need for relocation, explaining that they are citizens of the country and should not be forced to uproot their lives to avail of their basic human rights, rather their rights should be given to them wherever they are. They said that if it was not them, it would be someone else, and they wanted to deal with the problem itself. Some respondents said they had never considered it because after 70 years, this was their home and they could not leave it.
 
One respondent recounted that around 30 - 40 years ago, all the West Pakistan Refugees organised themselves and assembled at the border, telling the government that they wanted to return to their original homes in Pakistan, where they felt they would have some sense of belonging. It was at this point, the respondent says, that the Government acknowledged their existence and stated that some changes will be made to improve their condition, but nothing has been done yet.
 
3.7 - Miscellaneous
 
Other than the data collected via questionnaires, the respondents also provided some additional data that the researcher had not previously included in her list.
 
Many respondents were extremely frustrated by their situation, and therefore, spoke of picking up arms in order to get their message across. They stated that they felt it was the only way to get similar attention as the separatists in the Kashmir Valley, who they resent. They spoke of the terrorists in the Kashmir Valley getting concession packages and employment from the government if they surrender, and they stated that, as patriotic, law-abiding Hindus, that this made them inclined towards using such violent methods to have their voices heard. There is a deep sense of bitterness and resentment of these people towards the Kashmir Valley’s separatists and terrorists, since they feel it is these people who take up all the attention, which they believe to be unfair.
 
Respondents also informed the researcher of the scarcity of healthcare facilities accessible to them, as well as the added expense of medical treatment due to their non-‘Permanent Resident Certificate’ status. Respondents claimed that many lives had been lost due to inaccessibility of basic healthcare, as well as a lack of knowledge about the same. They stated that the closest healthcare facilities were kilometres away from their villages and that illness and death was a common phenomenon. Many of them are often injured in the cross-border fire between India and Pakistan, and succumb to their injuries due to the lack of emergency medical facilities in and around their villages.
The third issue that came up was that of the Below Poverty Line (BPL) certificates and the Reserved Category certificates. Though a large part of the population belongs to the reserved category, they cannot avail of these benefits without the possession of a Permanent Resident Certificate.
 
In terms of discrimination, respondents said that they were treated badly by Permanent Resident Certificate holders and often called “kiraayedaar” (renters), Pakistanis and non-Indians. They felt as if they are considered as a part of none – India, Pakistan or even the state of Jammu and Kashmir. A respondent told the researcher that her son once asked her, “Why did you even give birth to us, when you yourself have no rights?”