The Sorry State of Hindu Refugees from Neighbouring Islamic Republics

 

In Pakistan, the Hindu Population makes up a small minority of about 1.96 million, or 1.2 per cent, of the total population. An overwhelming majority of the Hindus (96 per cent of the total Hindu population in Pakistan) live in rural areas of Sindh. There are heavy concentrations of Hindus in the Sanghar and Tharpakar district, which borders India. There are also small pockets of Hindus in interior Baluchistan and Punjab. The Hindus of Pakistan residing in the interior of Sindh and Baluchistan belong principally to the so-called untouchable class, the Scheduled Caste Hindus. Many of them are landless bonded labourers, working on the lands of big Sindhi landlords (known as Jagirdars).

In Pakistan, The Hindus as of today continue to find themselves vulnerable to exploitation and abuse. The constitutional amendments introduced by General Zia-ul-Haq have adversely affected the position of the Hindu minority. More significantly, the rise in religious extremism within South Asia, with periods of tense political relations between India and Pakistan, has led to greater violence and physical attacks on Hindus. Thus the Hindus of Pakistan frequently suffer from outbursts of anti-Hindu sentiments generated through a backlash of violations against the rights of Muslims in India.

Likewise in Bangladesh, a report from the US Commission on International Religious Freedom of June 2010 states that Attacks on members of religious or ethnic minorities or their properties, including thefts and vandalism at Hindu temples, continue to be a problem, although it is difficult to distinguish criminal intent from religious animosity or other possible motives. Weak and corrupt law enforcement leaves members of religious minority communities vulnerable to harassment and sometimes violence, particularly sexual violence against women, by members of the Muslim majority.

In Bangladesh, Hindu communities continue to suffer disproportionately from land grabbing. Importantly, land appropriations were until recently enabled by the so-called Vested Property Act (formerly known as the Enemy Property Act during Pakistani rule), a piece of legislation that allowed authorities to take over & ‘enemy’ land, much of it in practice belonging to Hindus. This led to the expropriation of as much as 2.6 million acres between 1965 and 2006, with devastating effects for an estimated 1.2 million Hindu households.

Whilst in Afghanistan Non-Muslim minority groups, particularly, Hindu, and Sikh groups, continue to suffer discrimination under the law. They continue to suffer societal harassment and in some cases violence. Although reliable data about the current size of the Sikh and Hindu communities in Afghanistan are not available, large numbers of Sikhs and Hindus are believed to have left Afghanistan as a result of the severe difficulties they faced. The small numbers of Sikhs and Hindus who are reported to remain in Afghanistan have reportedly been left even more vulnerable to abuse, particularly by the police and by extremist elements of the Muslim community. On 1 July 2018, a suicide bombing in Jalalabad claimed by Islamic State reportedly killed 19 people and injured 20 others; 17 of the individuals killed were Sikhs and Hindus. High-ranking government officials are reported to have told Sikhs that they were “not from Afghanistan”, that they were “Indians”, and that they “did not belong here. They reportedly continue to face societal discrimination and intimidation.

The Hindus have suffered indiscriminate attack, humiliation, harm that includes both physical and mental abuse, discrimination in neighbouring Pakistan and Bangladesh. Such treatment would constitute persecution on the grounds of religion. There are serious violations of human rights. These rights as encapsulated by international instruments are; Article 6 of the ICCPR: The right to life, Article 7 of the ICCPR: no one shall be subjected to torture, cruel inhuman or degrading treatment or punishment, the right to life, liberty and security of person (Article 3 UDHR, Articles 6 and 9 ICCPR), The right to freedom from torture or cruel, inhuman or degrading treatment or punishment (Article 5 UDHR, Article 7 ICCPR, Article 2 CAT).

In the backdrop of the above, the Government of India enacted amendments to the citizenship law to grant citizenship to the religious minorities of Pakistan, Bangladesh and Afghanistan who had to flee their country of origin due to persecution and harm they have suffered. They will be granted fast track Indian citizenship in India. Accordingly, recently MHA invited applications for citizenship from religious minorities from Pakistan, Bangladesh and Afghanistan who had come to India till December 31, 2014. The Government of India has taken meaningful and logical steps to protect the religious minorities in India.

There is a large community of Hindu Asylum seekers who have been living in Delhi in a protracted kind of situation. They have been provided with temporary shelter in Majnu ka Tilla and Signature Bridge area. These

Asylum seekers merely have Long Term Visas issued by the MHA. On the contrary to the efforts of the Government of India, they have been deprived of basic amenities and have been forced to live in a camp like situation by the Delhi Government. The Policy of the Delhi Government towards the Hindu Asylum seekers has been discriminatory. It become incumbent upon the Delhi Government to provide durable solution and protection to the Hindu Asylum seekers since they are residing in Delhi.

It is pertinent to mention here that the Delhi Government has made adequate arrangements for basic human requirements like habitation, basic health facilities, education and protection to the Rohingya residing in Delhi, with the assistance of UNHCR and its implementing and operation partner. The Honourable Supreme Court also, vide order dated 11.05.2018 in Writ Petition (Civil) No. 859 of 2013, has issued directions to the Delhi Government to provide basic facilities to the Refugees residing in Delhi, under the realm of Article 21 of the Indian Constitution. However in the context of Hindu Asylum seekers residing in Delhi, the Government in Delhi has failed in providing effective durable solution and these acts of the Delhi Government are clearly discriminatory without any reasons.

A durable solution is one that ends the problems associated with displacement and allows people to resume their normal lives in a safe environment. The Hindu Minorities who have fled persecution in their country of origin should be encourage to integrate into the local host communities. To be self-reliant they should have access to jobs, education, health care and other basic services. They must be able to integrate socially and culturally within the local communities. The Delhi Government has the primary responsibility for developing a durable solution strategy. The benchmarks for the durable solutions to the displacements encapsulates long term safety, security and freedom of movement. Adequate standard of living that includes minimum access to adequate food, water, housing, health care and basic education. Access to employment and livelihood opportunities, participation in public affairs at all levels, on an equal basis with the host communities, reunification with the family members separated during the displacement and effective remedies for displacement related rights.

It appears that till now the Government of Delhi has not adopted any strategy to deal with the durable solution of the Hindu Minorities who have fled neighbouring countries to seek protection. Solutions to displacement are indispensible for national, regional and international peace and security and for creating the stable and secure conditions that are essential for achieving sustainable development goals for everyone.