Central Secretariat, Sanskriti Bhawan
Roopnagar, Jammu – 13
Press brief issued to the media on the occasion of Homeland Day Programme held on Saturday, Dec.28, 2019 at Jammu.
Panun Kashmir Genocide and Atrocities Prevention Bill 2020.
1. On the homeland day on 28th December, 2019, Panun Kashmir released the proposed Bill on the Genocide of Hindus in Kashmir which needs to be adopted by the Government of India, with immediate effect.
2. The Bill has been named Panun Kashmir Genocide and Atrocities Prevention Bill 2020.
3. Since the Government of India has already recognised Genocide of Hindus of Kashmir while imposing a ban on the JKLF; and India being a contracting party to the United Nation’s Convention on Prevention and Punishment of Crime of Genocide 1948, it has been obligatory on part of the Union of India to enact a law in India. India has ratified the convention in 1959 but so far no such law has been enacted by the Parliament of India.
4. It has been a resolute and consistent view of Panun Kashmir that GOI accepts the campaign of destruction and violence against the Hindus of Kashmir leading to religious cleansing of Kashmiris as an act of Genocide, since it fulfils all the criteria laid down by the UN Convention on Genocide.
5. The Act comprehensively defines the crime of Genocide committed against Hindus of Kashmir and the responses which are in consonance with International Customary Laws, Principles of Natural Justice and Rule of Law. It establishes the Act of Genocide committed against the Hindus of Kashmir as the gravest crime against humanity and lays down elaborate mechanism for punishment, prevention and reversal of Genocide perpetrated on Hindus of Kashmir.
6. The Bill recognises the cultural and economic aspects of the Genocide inflicted on Hindus of Kashmir and lays down comprehensive mechanisms and procedures to address the same.
7. The Bill also recommends creation of a Board and a Commission to look into the aspects of cultural Genocide in an encompassing way and all the criminal aspects which include investigation, procedure of trial, fixing of responsibility for the crime of Genocide, punishment to the perpetrators and compensation to the victims/ survivors.
8. The Bill clearly envisages Nuremberg Type Trials to fix the responsibility and
punishment for the crime of Genocide committed in Kashmir.
9. The Bill also underlines the responsibility of the State to permanently reverse the Genocide involving the entire victim community in planning and managements of their return and rehabilitation primarily based on the Principle of Non-refoulement.
10. Dr. Agnishekhar Convenor Panun Kashmir in his inaugural address said that the entire community of Hindus of Kashmir have to rise to support the monumental decisions taken by Hon’ble Prime Minister Narender Modi and Hon’ble Union Home Minister Amit Shah. “We have already described the decisions of Government of India to neutralize article 370, abrogation of 35A, reorganisation of State of J&K into two union territories and Citizenship Amendment Act as epochal and transformative measures which will strengthen the nation. It is imperative that at this juncture we stand up to urge Government of India to recognise genocide perpetrated on Hindus of Kashmir from time to time and bring in a law in order to address the permanent reversal of genocide of Hindus of Kashmir. To strengthen the efforts of Government of India at this critical juncture we are proposing a Bill known as Panun Kashmir Prevention of Genocide and Atrocities Bill 2020. This Bill will go a long way in defeating the enemies of the nation and integrate J&K in a way that upholds the spirit of India. The Bill addresses comprehensively the genocidal attrition unleashed on Hindus of Kashmir to reverse the genocide permanently and effectively.
11. The Chairman of the drafting committee on Panun Kashmir Prevention of Genocide and Atrocities Bill 2020, Sh. Titu Ganju while explaining in detail the salient of the said Bill, stated that it shall go a long way in addressing all components associated with genocide of the community and their long term survival, return and rehabilitation of the victims/ survivors in their homeland. The Bill takes into account the provisos of the international conventions of United Nations on genocide, rights of victims of violence and on aborigines and creation of two commissions to look into the genocide, prevention and punishment and also envisages the procedure of trial and the mechanism of evidence in accordance to the established customary international laws and Indian criminal jurisprudence. It also lays emphasis on permanent rehabilitation based on principles of Non-refoulement.
12. Chairman Panun Kashmir Dr. Ajay Chrungoo while making the concluding remarks on the Panun Kashmir Bill said that if the proposed Bill is adopted by the Indian Parliament as an Act, It will declare to the world at large that India is not a permissive soft-state unable to protect its own citizens and aims to punish those who inflict genocidal injuries on them. He said the neutralization of Art 370 and abrogation of 35A, reorganization of Jammu and Kashmir State into two union territories along with adopting of Citizenship Amendment Act are basically decolonizing acts. They will not only address the decolonization of Indian mind but also deal a deathly blow to the stranglehold of colonialism which is continuing even now. Dr. Chrungoo said that adoption of the proposed Panun Kashmir Prevention of Genocide and Atrocities Bill 2020 is an imperative necessity if India has to function as a free country in the comity of nations. If the State of India is unable to address the genocide inflicted on Hindus of Jammu & Kashmir, it will be perpetually unable to address the problems faced by Indians anywhere in the world. The passing of this Bill will be the decisive beginning of putting a halt on the continuing genocide against Hindus outside India as well as inside India. Dr.Ajay Chrungoo said creating a Nuremberg type of tribunal to punish the perpetrators of genocide on the Hindus of Kashmir will be a decisive proclamation by the Indian Nation to stand up and defend the Nation at every cost.
13. Sh. Shailender Aima conducted the proceedings. Sh. Hira Lal Bhat prominent
community leader presented the vote of thanks and said today is another historic day for Hindus of Kashmir after Margdarshan 1991