Buoyed by the encouraging response of Lieutenant Governor Manoj Sinha regarding their long pending demands, displaced persons from Pakistan-occupied Jammu and Kashmir (PoJK) reiterated their demand of de-freezing assembly seats reserved for them.
During the LG's Special Governance Camp for Displaced Persons of PoJK on Monday, this demand was raised by Dr. Deepak Kapoor, president, PoJK Visthapit Seva Samiti.
While expressing his gratitude towards Lieutenant Governor Manoj Sinha for accepting most of the demands of PoJK displaced persons, Dr. Kapoor exuded confidence that the demand for de-freezing seats will also be fulfilled before the announcement of assembly polls in J&K.
"In the coming days we are going to intensify the campign for de-freezing seats reserved for PoJK in the assembly of the erstwhile state of Jammu and Kashmir", he said and added that a nationwide campaign will start soon to mobilize support for this "genuine" demand.
Parliament Standing Committee already recommended seats for PoJK displaced persons.
Important to mention here that the Parliamentary Standing Committee had also suggested that of the total 24 'reserved' Assembly seats for residents of PoJK, eight should be allotted to the displaced persons living in the Jammu region.
The 183rd report of the Parliamentary Standing Committee on Home Affairs, regarding problems faced by refugees and displaced persons of J&K, was tabled on the floor of the House on December 22, 2014. It had recommended de-freezing of eight "reserved" seats.
"Representatives of the PoJK displaced persons were of the view that eight Assembly seats designated for the territorial constituencies of the state that lie in PoJK should be released in the favour of displaced persons. The committee considered that the Centre should take up the matter with the state government keeping in view the problems being faced by displaced persons. The ministry may impress upon the state government to amend the state constitution, if necessary, at the earliest," the panel had suggested in its report.
ECI puts the ball in the Centre's court
The Election Commission of India (ECI) made it clear that the matter is under the jurisdiction of the Union Government.
Responding to the appeal of a Jammu-based lawyer, ECI said that the Central Government may consider giving representations to displaced persons of PoJK in the assembly of the Union Territory of Jammu and Kashmir.
The Delimitation Commission, while submitting its final report for the delimitation of 90 Assembly constituencies in Jammu and Kashmir on May 5, 2022, had recommended that the Central Government may consider giving the displaced persons of PoJK some representation in Jammu and Kashmir Assembly by way of the nomination of their representatives.
24 seats reserved for residents of PoJK in the assembly of erstwhile J&K state.
In the Legislative Assembly of the erstwhile State of J&K, 24 seats were reserved for the residents of PoJK who were part of the undivided J&K before 1947. Refugees from PoJK living on this side of the Line of Control (LoC) have raised the demand of de-freezing at least eight of these reserved seats as per the proportion of their population.
In the Reorganization Act of J&K passed by both Houses of Parliament on August 6, 2019, the UT of J&K has been granted 90 assembly segments with an increase of seven seats.
In the Legislative Assembly of the J&K 24 seats have been kept "reserved" to give representation to the areas of undivided J&K, presently occupied Pakistan. In the undivided J&K, there were 111 assembly seats before 1947.
As 33 percent population from occupied areas had migrated to this side of LoC in 1947, refugees from those areas raised the demand of allotting them those reserved seats as per their population.
