Rights of Hindu Refugees in India

                               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.