RIGHTS OF HINDU REFUGEES IN INDIA
Pioneer newspaper of September 11, 2012
reported that thousands of Pakistani Hindu refugees living in Rajasthan for
past several years without any valid documents are again hopeful of getting
Indian citizenship even as fresh batch of 171 Hindus from Pakistan arrived in
Jodhpur on 9th September, 2012. Sometimes back there was report of some Hindus
from Pakistan staying back in Delhi seeking refuge in India and the Organiser
and many pro-Hindu organizations tried to stop the Government of India from
deporting Pak Hindus to Pakistan. When the Odisha unit of Bharat Raksha Manch
asked the Odisha government to identify Bangladeshi illegals living in Odhisha for
deportation the Odisha government came out with list containing names of only Bangladeshi
Hindus refugees. In the past the state Governments of Gujarat and Rajasthan are
reported to have issued Indian citizen certificates to some Hindu refugees from
west Pakistan on ad hoc authorizations of the Central Government. There is no
smoothly functioning policy.
The above show anti-Hindu or neglect Hindus
mindset of Hindu Ministers, and, that, most of we Hindus are not aware of the
two fold Rights of Hindus seeking refuge in India. Firstly, Hindus who are
persecuted on religious grounds by Islamic mullah in Pakistan, Bangladesh,
Afghanistan etc have international legal right to seek refuge in India and the
Government of India is obliged to accept them under the UN Convention Relating
to the Status of Refugees 1951 read with the 1967 Protocol. Secondly, India was
created as homeland for all Hindus of the undivided India so Hindus from
neighbouring countries have moral, social and political claim for right of
residence in present day India. In my letter of October 2009 to Shri Syed
shahabuddin I wrote that as per my definition of Hindutva all Hindus living
abroad irrespective of language they speak shall enjoy right of abode in India
if persecuted in their home countries on religious grounds. Forefathers of all
Hindus living abroad started from India
so all hindus living abroad have some claim of residence in India.
Under the United
Nations Convention Relating to the Status of Refugees of 1951, read with the 1967 Protocol a
refugee is defined (in Article 1.A.2) as a person who "owing to a
well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group, or political opinion, is
outside the country of his nationality, and is unable to or, owing to such
fear, is unwilling to avail himself of the protection of that country".
Para IV. D of the UN
Conference record reads: (International co-operation in the field of asylum and
resettlement) [1] The Conference, considering that many persons still leave
their country of origin for reasons of persecution and are entitled to special
protection on account of their position, recommends that Governments continue
to receive refugees in their territories and that they act in concert in a true
spirit of international cooperation in order that these refugees may find
asylum and the possibility of resettlement.
United
Nations High Commissioner for Refugees (UNHCR) (established December 14,
1950) protects and supports refugees at the request of a government or the United Nations and assists in their
return or resettlement. UNHCR provides protection and assistance not only to
refugees, but also to other categories of displaced or needy people. These
include asylum seekers, refugees who have returned home but still need help in
rebuilding their lives, local civilian communities directly affected by the
movements of refugees, stateless people and so-called internally displaced
people (IDPs) too.
Since India is signatory to UN conventions on
refugees, Hindus who leave Bangladesh, Bhutan, Pakistan, Afghanistan etc out of
religious persecution have internationally recognised legal right to seek
asylum in India and the Government of India has international obligation to
give these Hindus asylum in India. But almost all Governments in India have
shown marked reluctance in giving asylum to Hindus. And Indian media and Hindu
leaders being ignorant of these international provisions do not take it up
vigorously.
What about properties left behind by Hindu
refugees in these countries? I have not
yet come across any Hindu leader of India invoking UN Pinheiro principles to
demand Pakistan, Bhutan, Srilanka, Bangladesh etc to claim properties left behind
by Hindu refugees in countries of their home. Hindu samaj of Bharat must assert
and articulate these rights of Hindu refugees.
UNITED NATIONS PRINCIPLES ON HOUSING AND
PROPERTY RESTITUTION FOR REFUGEES AND DISPLACED PERSONS are also known as THE
PINHEIRO PRINCIPLES. The UN Pinheiro Principles are guided by the idea that not
only people have the right to return home, but also to the same property. It seeks to return to the pre-conflict status quo and
ensure that no one profits from the violence.
Pinheiro
Principle 2.The
right to housing and property restitution [2.1] All refugees
and displaced persons
have the right
to have restored
to them any
housing, land and/or property of which they were
arbitrarily or unlawfully deprived, or to be compensated for any housing, land
and/or property that is factually impossible to restore as determined by an
independent, impartial tribunal. [2.2] States shall demonstrably prioritize the
right to restitution as the preferred remedy for displacement and as a key
element of restorative
justice. The right
to restitution exists
as a distinct
right, and is prejudiced neither
by the actual
return nor non-return
of refugees and
displaced persons entitled
to housing, land and property restitution.
Pinheiro Principle
12. National procedures, institutions
and mechanisms [12.1] States should establish and support equitable, timely,
independent, transparent and non-discriminatory procedures, institutions and
mechanisms to assess and enforce housing, land and property restitution claims.
In cases where existing procedures, institutions and mechanisms can effectively
address these issues, adequate financial,
human and other resources should be
made available to facilitate restitution in
a just and timely manner”.
All Hindu
organizations in India should have a fresh look at the Pinheiro Principles and
take up the question of recovering properties left behind in Pakistan,
Bangladesh etc by fleeing Hindus. The Bharat Raksha manch has already invited all
Hindu refugees to register details of their properties left behind in their
home countries so that this matter may be raised with the UN agencies and with
the governments of those countries. Bharat Raksha Manch also demanded that such
Hindu applicants be issued gratis long term visas by Indian diplomatic &
Consular Missions who complain of discrimination, and, that, the Government of
India should give them Indian citizenship quickly, that too, without charging
any fees as being refugees they have already been deprived of their properties
by Islamic fundamentalists.
The Government of India is competent to
take up question of ill treatment of Bangladeshi Hindus in Bangladesh, Pakistani
Hindus in Pakistan etc with their Governments under the 1950 Nehru- Liaqat ali
Khan agreement and under violation of Human Rights of Hindus. The Government of
India can raise religious persecution & violations of Human rights of
Hindus in the UN also such through the Human Rights Commission, UN High
Commissioner for Refugees, UN Committee against Torture etc.
According to the Nehru-Liaqat
agreement, the governments of India and Pakistan solemnly agreed that each
shall ensure, to the minorities throughout its territories, complete equality
of citizenship, irrespective of religion; a full sense of security in respect
of life, culture, property and personal honor. It also guaranteed fundamental
human rights of the minorities, such as freedom of movement, speech, occupation
and worship. The pact also provided for the minorities to participate in the
public life of their country, to hold political or other offices and to serve
in their country’s civil and armed forces.
One may recall that on June 3/4, 1989 the
Chinese Army units attacked pro-democracy demonstrations by Chinese students
killing many students. It is known as Tiananmen square incident. It was a
purely internal affair of China but US, UK and other countries did take up this
matter with the Govt of China. The European
Union and United States placed embargo on armament sales to the PRC as a result
of the violent suppression of the Tiananmen Square protests.
European countries and Christian organizations forcefully
raise matter of discriminations against Pakistani Christians.
On international arena
Indian Ministers shout loudly in favour of rights of Palestinians but keep
secular silence when it comes to articulate rights of oppressed Hindus. Naturally
Hindu members of the ruling establishment in India have no courage to stand up
for welfare of fellow Hindus.
