Panun Kashmir- Homeland for KP There is a streak of prejudice against the indigenous religions and people in India. The State system inherited from the British and the political capital at Delhi inherited from the invaders make a cocktail of oppression against the indigenous voices, religion and culture. In the wake of organized stone-pelting inferno in the state of Jammu & Kashmir, the Government constituted a 3 member committee on 13 October,2010. The interlocutors submitted the report in May,2012. The report is an exceptional piece of appeasement policy .While those who indulged in violence ,delegitimize state and deconstruct the very idea of nationhood received applaud by the Committee, there is no palpable empathy for the real victim of the Kashmir imbroglio. Kashmiri Pandits who have shaped Kashmiriyat through thousand years of synthesis and transmission of different streams of thought arising across Asia, have been reduced to a footnote in the report. The Interlocutors Group proposed merely that the state policy should provide for the return of Kashmiri Pandits. At what cost? Who will guarantee their safety? Who will guarantee them the minority rights? The Interlocutors have revealed their own penchant for pampering the radical Islamists by referring to revival of Kashmiriyat and pluralism through inclusion in educational materials the teaching and concepts of Lal Ded,Sheikh Noor-ud-din Noorani, and other sufi scholars . (p.61 of the Report). Nund Rishi, the famous disciple Sahajanand of Lal Ded has been Islamicized by the group more than even what Lashkar ideologues would have imagined! How can K.P. feel secured to return to their homeland if such is the mindset of the liberal, secular peace-makers?The whole world knows what was raging beneath the popular agitation in Kashmir during 1990s. It was pure and simple a jihad, a medieval concept to aggrandize territory. The victims at the frontline are the K.P. who were forced to leave their own homes as the Indian State failed to guarantee right to life to them. Pandits who numbered one and half lakhs in the valley during 1990, had to rewire their lives as immigrants within own country. It was at the peak of exodus that Panun Kashmir was established for movement of political survival of Kashmiri Pandits. A Resolution was adopted on 28-12-1991 at Jammu to reclaim their homeland and the resolution is like the pole star for the community since then. (MARGDARSHAN 91)ORGANISED BY PANUN KASHMIRON 28-12-1991 AT JAMMU, J&K, INDIAThis hope is now shattered, Neither his Muslim brethren in Kashmir nor the Indian Government which swears by secularism came to the rescue of Kashmiri Hindus at the time when they were being butchered and bounded out of their homes and hearths, nor at this moment when they have been uprooted and thrown into wilderness to face a life and death struggle for survival. All the constitutional guarantees for the protection of their limb, life, property, their status and dignity have been trampled with impunity. The Hindus of Kashmir wherever they are, therefore, unequivocally declare that: With their deep and firm commitment to social unity, religious coexistence, democracy and secularism they will not accept a society which is communalistic, obscurantist, intolerant and medieval. They will not submit to any authority in the State that does not recognize their right to life, equality, faith and protection against discrimination. They will not be a party to the present struggle launched against secular and democratic India. With their history of having lived and died for freedom and their open espousal of the cause of tolerance peace, amity and brotherhood between various ethnic, social and religious, groups, they cannot accept the pre-eminence and predominance of any single religious community at their cost. iHaving been the original inhabitants of Kashmir from ancient times and being the inheritors of a glorious cultural tradition of more than five thousand years, Kashmiri Pandits have as, much right to live in Kashmir as any other religious group. Preservation of this community in its natural and historical habitat is a political necessity. The present crusade by the terrorists against Kashmiri Pandits to drive away the last remnants of this proud community from its rightful place is a shame for the secular India in particular and the world community in general. Any measure taken to rehabilitate this community outside Kashmir valley will only result in the dispersal of this community leading to its dissolution and extinction. This will be a tragedy, as the only relic of a small but distinct race with an outstanding culture will be destroyed, Because of their equal rights to the land of their birth they stake their claim to be an equal party to any future deliberations in the process of normalization and ultimate solution on Kashmir problem.The Kashmiri Hindus, therefore,DEMAND: The establishment of a separate homeland for Kashmiri Hindus in the Kashmir Valley, comprising the regions of the valley to the East and North of river Jehlum; That the constitution of India be made applicable in letter and spirit in this homeland in order to ensure right to life, liberty, freedom of expression, faith, equality and rule of law; That their homeland be placed under central administration with a Union Territory Status till it evolves its own economic and political infrastructure; That all the seven lakh Kashmiri Hindus, which includes those who have been driven out of Kashmir in the past and yearn to return to their homeland and those who were forced to leave on account of the terrorist violence in Kashmir, be settled in the homeland on equitable basis with dignity and honour.The Interlocutors never pondered how to make the return of K.P. possible in safe environment. The solution has come amidst the community. Rashneek Kher, founder member of the Roots in Kashmir, made a forceful argument that the Union Territory status is feasible for the K.P. He delineated the whole process and the only solution for the safe guarantee of the survival of K.P.s in Kashmir. This is what Rashneek wrote:

I therefore submit my hypothesis as under:

There is nothing that prevents the formation of a Union Territory of Panun Kashmir, either under the Indian Constitution or the Constitution of Jammu and Kashmir. It will thus be a question of the will & determination of the Panun Kashmir organization to determine the result of the Union Territory of Panun Kashmir.( March11,2012, FOR THE DOUBTING THOMASES

PANUN KASHMIR,A POSSIBILITY OR A PIPE DREAM) http://nietzschereborn.blogspot.in/2012/03/for-doubting-thomases-panun-kashmir.htmlMany may fume-UT for KPs? Why? The K.P.s are religious minority in India. The same secular-liberals who pounce upon the idea of dual citizenship for the Muslim-majority Kashmir on the ground that Muslims are minority, evince no interest for the cause of K.P. In India, religious and linguistic minority is determined at the level of state, and not union as a whole. While interpreting Article 30 of the Constitution, the Supreme Court has neatly explained in T. M. A. Pai Foundation And Others Vs State Of Karnataka And Others2002:4. IN ORDER TO DETERMINE THE EXISTENCE OF A RELIGIOUS OR LINGUISTIC MINORITY IN RELATION TO ARTICLE 30, WHAT IS TO BE THE UNIT-THE STATE OR THE COUNTRY AS A WHOLE ?

We now consider the question of the unit for the purpose of determining the definition of "minority" within the meaning of Article 30(1). Article 30(1) deals with religious minorities and linguistic minorities. The opening words ofArticle 30(1) make it clear that religious and linguistic minorities have been put at par, insofar as that Article is concerned. Therefore, whatever the unit-whether a state or the whole of India-for determining a linguistic minority, it would be the same in relation to a religious minority. India is divided into different linguistic states. The states have been carved out on the basis of the language of the majority of persons of that region. For example, Andhra Pradesh was established on the basis of the language of that region, viz., Telugu. "Linguistic minority" can, therefore, logically only be in relation to a particular State. If the determination of "linguistic minority" for the purpose of Article 30 is to be in relation to the whole of India, then within the State of Andhra Pradesh, Telugu speakers will have to be regarded as a "linguistic minority". This will clearly be contrary to the concept of linguistic states. If, therefore, the state has to be regarded as the unit for determining "linguistic minority" vis-a-vis Article 30, then with "religious minority" being on the same footing, it is the state in relation to which the majority or minority status will have to be determined.

(T. M. A. Pai Foundation And Others Vs State Of Karnataka And Others2002-(008)-SCC-0481-SC)

http://www.youthforequality.com/supreme-court-cases/46.pdfIn the state of Jammu and Kashmir, Hindus were merely 32.27% in the 1981 Census and Muslims 64.19%. the 2011 Census analysis on Religious demography is highly anticipated. It is going to reveal the extent of fertility difference among the majority and minority communities in Jammu & Kashmir. While across India, the majority Hindus are dipping further and expected to be nearly 76 %, the Muslim minority have seen reciprocal growth in population percentage. But, J&K will duck the trend. The minority Hindus will slide further below 25%. Being minority, K.P. have as much right as pleaded by liberal-seculars for Muslims in Gujarat.Why separate homeland for KPs?KPs dont need merely ghetto- like apartments to subsist, which the J&K government is insisting KPs to agree. KP is not only a community. They are living history of Asian exchange in ideas, materials and history. KPs played the most vital role in spread of Buddhism, Indic scripts and are the repository of Indias sacred language, Sanskrit. KPs were instrumental in aiding the rise of Tocharian civilization, Tibetan civilization and spread of scripts to as far as Japan. KPs cannot thrive in the ghettos. They need the valleys and the stream, gardens and the saffron fields to reflect and build a synthesis that can guide the war-torn present century towards a peaceable future.

Is geographical re-territorialization possible? There are ample provisions like declaring scheduled areas to the status of the UT to safeguard a communitys right to thrive in indigenous way. In India, we have districts like Dibang valley with mere 8000 people or Diu with 52000 people. KPs with nearly 2lakh population figure is a sizeable chunk for a big district. It is also to note that Diu is also a UT. What makes Diu so special applies equally well for the KPs in Kashmir.In the UT/scheduled district, no other community should be allowed to purchase land or property. In recent times, we know how even conclaves can become a nation-state. The case of Kosovo. With mere 7 lakh population and completely landlocked between Macedonia,Albania and Montenegro; the Republic of Kosovo declared independence on 17 February,2008. It was done with international support to protect the Muslim minority. KPs are neither seeking a separate nation-state nor any undue demand. The safety of lives and the right to exercise minority rights cannot be guaranteed in a cauldron of Kashmir where there are series of players, national, local as well as international and many sides adept in violence. The UT for KPs can be turned into new hub for the extending Silk Route. What the Interlocutors envision for wider connectivity cannot be fulfilled by the warring factions of majority Muslims. It is the skill , prodigy and prideful imagination of KPs that Kashmir became identified as the seat of Mother Sharda, the goddess of wisdom. Only, a separate administrative territory for KPs can guarantee India any foothold in the changing alignments of Central Asia.

I wish good sense prevail over the political leadership . The return to Kashmiri homeland for KPs will fructify within a couple of years.

Om Tat Sat! (Niraj, 1600 hrs., 8.8.2012) Kosovo is landlocked and borders theRepublic of Macedoniato the south,Albaniato the west andMontenegroto the northwest.TheRepublic of Kosovodeclared independence on 17 February 2008

POPULATION (RELIGION WISE) J&K 1981REGIONHINDUMUSLIMSIKHSBUDDHISTSJAINSCHRISTOTHERSTOTAL

JAMMU1802832804637100164114115147778472718113

KASHMIR1240782976932331171896246603134904

LADAKH5338618823346837602375134372

TOTAL STATE193224838434511336156970615768481525987389

The official census 2011 of Jammu and Kashmir has been conducted by Directorate of Census Operations in Jammu and Kashmir. Enumeration of key persons including Chief Minister of Jammu and Kashmir was also done by officials conducting population census.

As per details from Census 2011, Jammu and Kashmir has population of 1.25 Crore, an increase from figure of 1.01 Crore in 2001 census. Total population of Jammu and Kashmir as per 2011 census is 12,548,926 of which male and female are 6,665,561 and 5,883,365 respectively. In 2001, total population was 10,143,700 in which males were 5,360,926 while females were 4,782,774.

The total population growth in this decade was 23.71 percent while in previous decade it was 29.04 percent. The population of Jammu and Kashmir forms 1.04 percent of India in 2011. In 2001, the figure was 0.99 percent.The proportion of Hindus has in the population shrunk from 83.4 percent in 1961 to 80.5 percent according to the 2001 census. This trend matches with an almost equivalent proportional rise among the Muslims from 10.7 percent to 13.4 percent from 1961 to 2001Rank inDistrictPopulatio%age to State

20112011Population-2011

1234

5Kupwara 8755646.98

6Badgam7357535.86

21Leh1471041.17

22Kargil1433881.14

11Punch4768203.80

7Rajouri6192664.93

8Kathua6157114.91

4Baramula10155038.09

14Bandipore3850993.07

2Srinagar126975110.12

17Ganderbal2970032.37

9Pulwama5700604.54

19Shupiyan2659602.12

3Anantnag10701448.53

12Kulgam4227863.37

13Doda4095763.26

18Ramban2833132.26

20Kishtwar2310371.84

10Udhampur5553574.43

16Reasi3147142.51

1Jammu152640612.16

15Samba3186112.54

J & K12548926100.00

March11,2012

I therefore submit my hypothesis as under:

There is nothing that prevents the formation of a Union Territory of Panun Kashmir, either under the Indian Constitution or the Constitution of Jammu and Kashmir. It will thus be a question of the will & determination of the Panun Kashmir organisation to determine the result of the Union Territory of Panun Kashmir.

Some two years back the Legislative Assembly of the Madhya Pradesh State (on the insistence of the Panun Kashmir organisation) passed a resolution by voice vote asking both the Centre and the State Government to carve out a separate area within the State of Jammu and Kashmir for the ethnic minority called Kashmiri Pandits. Though the resolution may have no legal or constitutional validity it does point to how and when the Panun Kashmir organisation can push forward the passage of the bill to create UT of Panun Kashmir. The passage of the bill can be smooth only when there is a favourable dispensation (towards the idea) and when the dispensation has numbers on its side to have the bill passed through both houses of the Parliament. Difficult as it may seem today it is not an impossible task by any means. There is every likelihood that in near future (30-40 years) time a dispensation (like the one of Shivraj Singh Chauhan, the MP-CM) will rule in the Centre and will have numbers to pass the resolution .It is then that the Panun Kashmir Organisation should press for a resolution of the issue and have a bill passed in both houses of the Parliament. Till that time they need to keep working hard in raising the political pitch on the issue, a sizeable part of that work is already done or is in the process of being accomplished. There is no doubt today that most in the media or policy making circles or even the successive Government at the Centre recognize(only PK has represented Kashmiri Pandits on all round table Kashmir Committee set up by the government) Panun Kashmir as the organization representing Pandits though every now and then some formations like third front in the Centre do prop up but they vanish as fast as they appear. The State Legislature will never be favourably inclined towards Panun Kashmir and towards Pandits at large but be that as it may ,its negative feedback on the issue or its throwing out or not admitting the bill has no bearing once the Parliament has passed the bill.4. IN ORDER TO DETERMINE THE EXISTENCE OF A RELIGIOUS OR LINGUISTICMINORITY IN RELATION TO ARTICLE 30, WHAT IS TO BE THE UNIT-THE STATE OR THE COUNTRY AS A WHOLE ?

We now consider the question of the unit for the purpose of determining the definition of "minority" within the meaning of Article 30(1). Article 30(1) deals with religious minorities and linguistic minorities. The opening words ofArticle 30(1) make it clear that religious and linguistic minorities have been put at par, insofar as that Article is concerned. Therefore, whatever the unit-whether a state or the whole of India-for determining a linguistic minority, it would be the same in relation to a religious minority. India is divided into different linguistic states. The states have been carved out on the basis of the language of the majority of persons of that region. For example, Andhra Pradesh was established on the basis of the language of that region, viz., Telugu. "Linguistic minority" can, therefore, logically only be in relation to a particular State. If the determination of "linguistic minority" for the purpose of Article 30 is to be in relation to the whole of India, then within the State of Andhra Pradesh, Telugu speakers will have to be regarded as a "linguistic minority". This will clearly be contrary to the concept of linguistic states. If, therefore, the state has to be regarded as the unit for determining "linguistic minority" vis-a-vis Article 30, then with "religious minority" being on the same footing, it is the state in relation to which the majority or minority status will have to be determined.http://www.youthforequality.com/supreme-court-cases/46.pdfT. M. A. Pai Foundation And Others

Vs

State Of Karnataka And Others2002-(008)-SCC-0481-SCOn 13 October,2010.. 3 member committee constiututed. May,2012 submitted.

In order to fulfil these recommendations, the Interlocutors Group proposed the following roadmap: The stone pelters and political prisoners against whom no serious charges have been framed should be released.

There should an amendment and review of the Armed Forces Special Powers Act, 1990 and the Jammu and Kashmir Public Safety Act, 1978.

The state policy should provide for the return of Kashmiri Pandits.

A judicial commission to supervise the identification of bodies buried in the unmarked graves should be established.