Suggesting the Union Government to follow the pattern of the Union Territory of Puducherry, the Delimitation Commission in its final report has recommended the nominations of Kashmir migrants and displaced persons from Pakistan occupied Jammu and Kashmir (PoJK) in the Legislative Assembly to politically empower these communities.
"Provision of at least two members (one of them must be a female) from the community of Kashmiri Migrants in the Legislative Assembly and such members may be given power at par with the power of nominated members, of the Legislative Assembly of Union Territory of Puducherry", the panel recommended in its final report.
The panel further recommended that the Central Government may consider giving the displaced persons from Pakistan-occupied Jammu and Kashmir some representation in the Jammu and Kashmir Legislative Assembly, by way of the nomination of representatives of the Displaced Persons from Pakistan Occupied Jammu and Kashmir.
Demand for giving representations to Kashmir migrants, PoJK was raised during the public hearing
During the public hearing, the Commission received many representations from the Kashmiri migrants and the displaced persons from Pakistan-occupied Jammu and Kashmir.
The delegations of Kashmiri migrants represented before the Commission that they were persecuted and forced to live in exile as refugees in their own country for the last three decades. It was urged that in order to preserve their political rights, seats may be reserved for them in the Jammu and Kashmir Assembly and Parliament.
The Displaced persons from PoJK also requested the Commission to reserve few seats for them in J&K Legislative Assembly. Accordingly, the Delimitation Commission also made such recommendations to the Central Government.
24 seats reserved for residents of PoJK
In the Legislative Assembly of the erstwhile state of J&K 24 seats have been kept vacant under the J&K Constitution for the natives of the PoJK. As per section 48 of the J&K Constitution, twenty-four seats shall remain vacant in the Legislative Assembly for the area of the State presently under the occupation of Pakistan.
Union Government is of the view that PoJK is a part of the country and will be reclaimed. That is why these seats are left vacant in the state Assembly.
The one-third population of PoJK is living in Jammu province so it has a claim on the seats kept vacant for them in the Legislative Assembly to ensure proportional representation. Out of total of 24 reserved seats, displaced persons have been demanding at-least eight to highlight their grievances at the appropriate platforms.
Parliament Panel also recommended allotment of 8 seats to PoJK refugees
Department-Related Parliamentary Standing Committee on Home Affairs, in its 183rd report- regarding problems faced by refugees and displaced persons of J&K, tabled on the floor of the House on December 22, 2014, had recommended the de-freezing of eight 'reserved' seats.
"Representatives of the PoJK displaced persons were of the view that eight seats out of 24 Legislative Assembly seats which are designated for the territorial constituencies of the State that lie in Pakistan Occupied Jammu Kashmir (PoJK) should be de-freeze in favour of displaced persons.
The Committee considers that the Government of India should take up the matter of de-freezing of 8 seats for POJK displaced persons with the State Government of J&K keeping in view the problems being faced by displaced persons. The Ministry may impress upon the State Government to make amendments in the State Constitution, if necessary, at the earliest", the panel suggested in its report.
