Post-partition forced migration in the princely state of Jammu and Kashmir, displaced large population belonging to the Hindu and Sikh community from areas of Mirpur, Poonch, and Muzaffarabad. Caught in the middle of a conflict at the international and state levels, and not falling within the legal framework of the national refugee regime, the displaced people of Pakistan-occupied Jammu and Kashmir (POJK) were marginalised on several fronts. A catastrophe comparable to that endured by West Pakistani refugees during partition befell this group. However, the Indian state refused to recognise them as refugees because of its territorial claims over POJK as an integral part of India. The POJK displaced were treated unfairly by the Indian state, depriving them of their rights as refugees. Because they were denied refugee status, they did not get the same compensation and rehabilitation as the other Partition refugees. With this as a backdrop, the chapter examines how the intersections of local, national, and international politics have resulted in the distinct case of POJK community, leading to their exclusion from the national refugee framework and deprivation of their rights.

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Contested Displacement and Fractured Rights: The Case of POJK Displaced Persons in J&K

  • Gurvinder Kour

摘要

Post-partition forced migration in the princely state of Jammu and Kashmir, displaced large population belonging to the Hindu and Sikh community from areas of Mirpur, Poonch, and Muzaffarabad. Caught in the middle of a conflict at the international and state levels, and not falling within the legal framework of the national refugee regime, the displaced people of Pakistan-occupied Jammu and Kashmir (POJK) were marginalised on several fronts. A catastrophe comparable to that endured by West Pakistani refugees during partition befell this group. However, the Indian state refused to recognise them as refugees because of its territorial claims over POJK as an integral part of India. The POJK displaced were treated unfairly by the Indian state, depriving them of their rights as refugees. Because they were denied refugee status, they did not get the same compensation and rehabilitation as the other Partition refugees. With this as a backdrop, the chapter examines how the intersections of local, national, and international politics have resulted in the distinct case of POJK community, leading to their exclusion from the national refugee framework and deprivation of their rights.