J&K HC orders equal treatment for PoJK displaced families

This ruling, delivered by Justice Rahul Bharti’s bench, comes as a response to numerous writ petitions highlighting the discriminatory treatment faced by these families compared to those settled within the former state of J&K.

| Updated: 10 February, 2024 1:40 pm IST

J&K HC orders equality for 5300 PoJK displaced families

SRINAGAR: In a landmark decision aimed at rectifying past injustices, the High Court of Jammu & Kashmir and Ladakh has directed the Centre to ensure fair treatment for the 5,300 displaced families from Pakistan-occupied Jammu and Kashmir (PoJK) in 1947, along with their successors/legal heirs settled outside J&K. This ruling, delivered by Justice Rahul Bharti’s bench, comes as a response to numerous writ petitions highlighting the discriminatory treatment faced by these families compared to those settled within the former state of J&K.

The court’s directive mandates that the affected families be granted identical status and entitlements as the 26,319 displaced families from PoJK settled within J&K, with the aim of providing a comprehensive settlement rehabilitation package. Justice Bharti emphasised the need for prompt action, preferably within the next six months, to address the longstanding grievances of these families.

The judgment underscores the historical neglect faced by the displaced families settled outside J&K, perpetuating their pain and suffering across generations. Prior to the enactment of the Jammu & Kashmir Reorganisation Act in 2019, the limited application of the Indian Constitution in the region hindered intervention from the Centre, leaving the affected families marginalised and voiceless.

However, post the enactment of the Act, the court noted a shift in the Centre’s stance, with the Ministry of Home Affairs expressing a commitment to rectify past injustices. This includes extending a one-time settlement benefit to the 5,300 displaced families from PoJK settled outside J&K, mirroring the assistance provided to their counterparts within the former state.

The High Court’s ruling also highlights the political motives behind past decisions to exclude these families from relief packages, despite their displacement from the princely state. Justice Bharti stressed the need for the government to bear the financial burden necessary to ensure equal treatment for all displaced families from PoJK in 1947, irrespective of their settlement location.

The J&K High Court instructed the government to grant identical status and entitlements to the 5300 displaced families from PoJK in 1947, settled outside Jammu & Kashmir, as enjoyed by the 26,319 displaced families within the former state. The necessary actions should be taken promptly, preferably within six months.