Tribes Act be replaced with the Aborigines Act title. Let Tribes of India do not face Kashmiri Pandit’s fate

Tribes Act be replaced with the Aborigines Act title. Let Tribes of India do not face Kashmiri Pandit’s fate

Kashmiri Pandits, a miniscule minority from Kashmir, which has suffered genocide in Kashmir is in the danger of losing its ethnicity and nativity. The community has a recorded 5,000 year history, the Rajatarangini being the testament. Having faced ethnic cleansing in the valley, the community which has been scattered all over the country and world has not only lost its roots, it is also undergoing cultural and political genocide. To save us from a complete wipe out, we demand that KPs be declared as the Tribe. The J&K administration & Govt of India is responsible for the culture and political genocide of the Kashmiri Pandits. There seems to be a sinister move in which the government forces too seem to be involved to effect the ethnic cleansing in order to remove and blank out the 5,000 year history and the existence of the natives, the aborigines Kashmiri Pandits. The way things have been going in the past three decades, it is very clear that history is to be ‘reset’ to suit a particular narrative and make the world believe that narrative. Kashmiri Pandits have been made the victim of systemic racism by the regional political parties, who have embedded it as a normal practice within society. The intuitional racism has led to serious discrimination in even in the criminal Justice system, employment, Housing, Health Care, Political Power, Education, among other issues.

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The J&K administration and the Govt of India have forced the original aborigines in an involuntary process of cultural assimilation due to which the ethnic minority have no choice but to adopt the language, identity, norms, customs, traditions, perceptions, way of life and often religion and ideology of the established and generally larger community belonging to the dominant culture. There are many people and many KP association members, who are working as stooges which have only hastened the cultural Genocide of the aborigines. The mainstream political parties and their leaders, including the ruling BJP have been in connivance to propagate the ‘Ethnocide’ of the Kashmiri Pandits. This has led to an extreme form of massive violation of human rights and, in particular, the right of an ethnic group to retain its nativity as well as political identity. Besides the ethnic and cultural genocide, the mainstream political parties, both the national and the regional ones, are equally responsible for the ‘Policide’ of the Kashmiri Pandits. Since 1965 the political empowerment has been intentionally denied to the original aborigines and the ethnic minority of the state. Since 1990 more than four lakh people are unable to exercise their democratic rights. They are unable to cast their votes, which is the basic foundation of democracy.

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The NDA Government came to power in 2014 using the return and rehabilitation of KP’s as its election plank. They also promised Pandits a speedy return to the valley if brought to power. That did not happen even after the Government has been in power for nearly 7 years. Worse, the present Government continues to obfuscate the tragedy faced by Pandits by informing the public that Pandits are being helped when in fact all they have done is to maintain bare-thread sustenance programs initiated by the Manmohan Singh Government. Therefore, the lack of political and moral will by the NDA Government requires new constitutional and legal protections for the Pandits community which will otherwise disappear given their miniscule size and rapidly diminishing population.
It is our demand that the Tribes Act be replaced with the Aborigines Act title. This is to ensure that the lands are within their exclusive jurisdiction because they are encompassed by the words “lands reserved for the original aborigines of India”. Aboriginal rights should include both the Aboriginal title and other rights which are within the core of Indianness & which lay at the heart of the constitution of India. India is the abode of a sizable proportion of indigenous people, who still live by the shadows of modern society. Reference to the Chanda Committee in the year 1960, which had laid down five standards to include any community/caste in the tribal-race. Every tribe has certain qualities (social, political, and cultural) that distinguish it from the other. Similarly the Kashmiri Pandits possess Special Culture & Geographical Isolation within the state of J&K, which ensures the particular race/culture which is 5,000 years old should be included in the Tribal Act of India. India has several laws and constitutional provisions, such as the Fifth Schedule for mainland India and the Sixth Schedule for certain areas of Northeast India which recognize indigenous peoples. The laws aimed at protecting indigenous peoples have numerous shortcomings/ flaws and their implementation is far from satisfactory. The Indian government voted in favor of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) but failed to implement it since political will and courage is missing to protect its own country indigenous people.

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We urge the Govt of India, all the parliamentarians and the J&K govt, the state administration to propose and implement the original Aboriginal Act /ordinance board to protect indigenous races of india, including the Kashmiri Pandits. We request the GoI / LG of J&K that till the original Aboriginal Act is introduced in Parliament till then the J&K administration should make special provision/ Budget, i.e., two per cent of the yearly state budget should be allocated separately towards the Return & Rehabilitation of the Kashmiri Pandits in the Valley, which should be beyond the current welfare schemes.


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