'Kashmiri Pandits were wronged but a movie isn't enough'- Their demands and legal standpoint

We spoke to experts to understand what "justice" will entail for the Kashmiri Hindus, who were wronged and its legal standpoint.

New Delhi: Ever since the release of the movie 'The Kashmir Files', conversations concerning the fateful Kashmiri Pandit exodus and genocide have peaked.

While the movie has garnered both negative and positive reactions in terms of representation of facts, it has to a great extent managed to generate momentum for the demands of long-delayed justice.

However, a film in itself is not enough to bring the perpetrators of what can be called 'one of the worst massacres in human history to justice.

We spoke to experts to understand what "justice" will entail for those who were wronged and its legal standpoint.

Satish Mahaldar, the Chairman of Reconciliation, Return and Rehabilitation of Migrants (RRRM), said that the movie in a lot of ways reignited the pain of Kashmiri Hindus but believes that dwelling on the sufferings is of no use. 

Mahaldar, who is also associated with the Kashmir Peace forum, laid down several collective demands of the Kashmiri Hindus who were displaced and what they think can serve as the best form of justice. 

Justice for Kashmiri Pandits – what are their demands? 

Here are some collective demands of the Kashmiri migrants:

SIT probe on agents responsible for the exodus of Kashmiri Pandits 

“The first and the foremost demand is to bring about the people and factors who were responsible for pushing the Kashmiri Hindus out of their motherland to justice and for that purpose there should be an independent ‘Special Investigation Team’ to probe the massacre and those found linked must be booked and tried,” said Mahaldar. 

He also added that “several innocent Muslims who were killed by the militants during that period mistaken as ‘informers of the Government’ and their families should also get justice and for that, an independent probe is required.” 

National Human Settlement Policy (NHSP) for Kashmiri migrants 

The centre should come up with a National Human Settlement Policy for all the Kashmiri migrants of that time, say experts. 

“Under this, there should be colonies in Kashmir with proper infrastructure, right from housing to schools to market to shopping centres so that they do not have to worry about the living conditions of their family,” said Satish Mahaldar 

A portion of Budget dedicated to NHSP 

Mahaldar further added that money for the NHSP should be allocated within the Jammu and Kashmir Budget to make the return of the Kashmiri migrant easier and comfortable 

SIT for the post-exodus treatment of Kashmiri Hindus 

Sanjay Tickoo from the Kashmir Sangharsh Samiti says while those responsible for the exodus are wrong, there should be some accountability for those as well who made their stay at the refugee camps tougher. 

“People in refugee camps lived in the most inhuman ways possible, they suffered from health ailments due to changes in weather conditions, lack of food, toilets and basic human facilities. What about those in the administration who failed to provide a safer and habitable environment even after the trauma they had gone through?,” asked Tickoo. 

There should be an independent investigation of the treatment of Kashmiri Hindus in the refugee camps as well. 

What does the law say?

According to Satya Muley, practising Supreme Court and Bombay HC lawyer, several legal constraints are present when it comes to the formation of an SIT.

Lack of evidence and centre-judiciary disagreement  

Presently, the lack of clear evidence and witnesses owing to the huge time gap between the investigation and the tragedy is one of the primary reasons why the Supreme Court is unable to form an SIT to probe what definitely should be termed as a national tragedy, said advocate Muley.

“The SC cannot operate merely based on emotions and unfortunately, due to the lack and recognition of the perpetrators, it is highly difficult for such an SIT to probe the incident. Not on because it denies that such a horrific incident took place but because it is highly difficult to put evidence on the table,” he added.

Additionally, advocate Muley says that there had been Centre-Court disagreements and gaps on the issue in terms of the recognition of this massacre and denial of the challenges involved. 

National Human Settlement Policy is possible

“It is possible and the demand for such a setup is quite justified. There are no legal restrictions that stop the government of India from laying down a policy like this for the victims of the Kashmir exodus,” said Muley.

However, the state can face some operational and social hurdles in the process but one can’t say these are not surmountable, but the law doesn’t restrict the government in this case, Muley added.

As a victim of the Kashmiri Pandit exodus, what are my legal options? 

Lack of documentation to reclaim property in Kashmir 

According to advocate Muley, if an immediate family member or a predecessor of a Kashmiri migrant wants to reclaim their property but has lost the documents during the exodus, they have two legal options- Government paper trail and presenting a competent witness 

“The Government has clear paper trail such as tax records, registry and other utility bills to support the claim of any Kashmiri migrant who wants to reclaim their legal property, one can easily obtain this and present it in court,” added Muley. 

In the absence of a paper trail, one can produce one or a group of competent witnesses who can testify to the presence and ownership of the property and it is very much admissible in court, he added. 

What can the present government do to help Kashmiri Pandits? 

As per advocate Muley, the government is in a position to bring about a legislature that can help in the reconciliation and return of victims of the Kashmir exodus. 

Quota in education and jobs 

The quota for the Kashmiri Pandit students is prevalent in many states, including Maharashtra, the Centre should implement it on a national scale to help these migrants get an education and earn a living, said Muley 

One-stop migrant crisis centre 

These unified justice centres can be established by the Centre to help the victims in India and abroad fight for their justice under one roof. 

“These can have government officials to help with paperwork, legal assistance as well as information window so that one does not have to run from one place to another. 

Recognise Kashmir Exodus as a ‘National Tragedy’ 

According to advocate Muley, the Centre must make a statement recognizing the exodus or rather genocide of Kashmiri Hindus as National Tragedy as it will be the first step to serve justice to this wronged community.