As discussion about reclaiming Pakistan-occupied Kashmir (PoK) gains momentum, with public statements from various key ministers including Prime Minister Narendra Modi[1], Home Minister Amit Shah[2], External Affairs Minister S. Jaishankar[3] and Defence Minister Rajnath Singh[4], it is imperative for Bharat to address another long-standing issue. The partition of Bharat led to millions migrating from Pakistan to Bharat, leaving behind vast tracts of lands, homes, other properties and businesses, which was subsequently seized by the Pakistani government[5] and its officials[6] without compensating or rehabilitating the displaced population (which comprise mostly Hindus and Sikhs) or allocating those lands and other properties to the incoming population who migrated from Bharat to Pakistan.
In contrast to Pakistan, the lands of Muslims migrating from Bharat to Pakistan were given to the Waqf Board directly or indirectly by the Nehru-led Congress government and successive administrations[7] until the BJP-led Modi government came into power in 2014. Although this practice, driven by appeasement policy and Muslim vote bank politics, is particularly contentious in “secular” Bharat, where a more uniform allocation of properties among all migrants- be they Hindus, Muslims, or of other religions- is expected, that is a different issue altogether. But the point here is that unlike Pakistan, in Bharat, those lands were allocated among the migrated population.
A Historical Betrayal and Unfulfilled Promises
At the partition of Bharat in 1947, non-Muslim minorities in Pakistan comprised about 20% of the total population. They did not migrate to Bharat because they were assured by both- Congress leaders and Bharat’s then Prime Minister Jawaharlal Nehru, as well as Pakistan’s Governor-General Mohammad Ali Jinnah, that they would not face any discrimination in Pakistan and would have equal access to fundamental and other rights. Jinnah even stated that Pakistan would be a secular state where non-Muslim population would be protected. In a landmark speech on religious freedom, Pakistan’s founder Muhammad Ali Jinnah said in August 1947:
“You are free; you are free to go to your temples; you are free to go to your mosques or any other place of worship in the state of Pakistan. You may belong to any religion or caste or creed – that has nothing to do with the business of the state[8].”
Omar Waraich, Head of South Asia at Amnesty International[9] once said-
“The respect for the right to freedom of religion was promised to Pakistan’s Hindus by the country’s founder, Muhammad Ali Jinnah. Those who deny a long-marginalized community the right to practise their faith freely not only betray his legacy, but also violate the human rights of religious minorities protected under Pakistan’s constitution and its international human rights obligations.”
However, the opposite occurred. The formation of Pakistan after Bharat’s partition unleashed genocidal campaigns against religious minorities, especially Hindus and Sikhs population. They faced severe constitutional limitations, social stigma and grave injustice. In addition to inflicting on them various offences affecting body, their properties were also looted, and the migrant population coming to Pakistan from Bharat were left landless as the Pakistani government seized assets of those who had left for Bharat, instead of allocating them to the incoming population for their settlement and rehabilitation.
Despite constitutional guarantees of religious freedom, such as the Objective Resolution of 1949, non-Muslims were consistently targeted and treated with suspicion, often serving as scapegoats for government incompetence[10]. Muslim jihadi terror began to terrorize and harass non-Muslims to such an extent that even Jogendra Nath Mandal, who had supported partition and became Pakistan’s first law minister, was forced to resign and flee to Bharat to save his life just a few months later.
The assurance made by Jinnah that minorities would be treated with dignity and respect, was starkly contradicted by the reality that unfolded and which made them feel that they have been betrayed. Pakistan’s transformation into an Islamic state was marked by widespread persecution of minorities (Hindus and Sikhs), forcing them to flee to Bharat.
Mass Migration of Minorities to Bharat
At the time of partition, minority population (mostly Hindus and Sikhs) in Pakistan was around 2.5 crores, and none of them were landless. However, today the few lakh Hindus and Sikhs who remain there in Pakistan- most of them are landless, having been dispossessed of their land by extremist elements who have state patronage. Many non-Muslim families who were once land owners are now labourers. The community’s population has drastically declined due to violence, forced conversions and migration.
Not only Hindus and Sikhs but also many Muslims continued to migrate to Bharat and settle here because of heavy influence of extremist groups in Pakistani Muslim society, which often dictates terms to both the government and the general public. However, this freedom to migrate and settle was largely available only to Muslims (as in comparison to non-Muslims, they used to get permission to go to Bharat in easier way) while non-Muslims who remained in Pakistan lost their properties and livelihoods, and those who managed to come to Bharat did so after losing almost everything.
The Enduring Legacy of Evacuee Property
The issue of evacuee property (properties left over by the migrating population) of the displaced population is one of the major obstacles to the harmonious relations between Bharat and Pakistan. It resulted as a direct consequence of partition of Bharat and migration, due to which millions of refugees who, seized with panic, abandoned their lands, homes, personal belongings, cash, securities, indeed property of every description, in order to escape with their lives[11]. Therefore, there is considerable property in Bharat belonging to Muslims, and in Pakistan belonging to Hindus and Sikhs, which has been left by them. This unresolved issue continues to be a source of tension and a reminder of the unfinished business of Partition.
Figures of Evacuee Property
Bharat claims that Hindu and Sikh refugees left behind approximately Rs. 38.1 billion worth of resources in Pakistan, compared to Rs. 3.8 billion worth of property left behind by Muslim refugees in Bharat. Additionally, Bharat asserts that Hindus and Sikhs abandoned over 6.6 million acres in West Punjab, while Pakistan claims Muslims left behind about 5.4 million acres of cultivable land in East Punjab[12]. These figures are disputed, reflecting the complexity and challenge in resolving this issue.
Importance of Resolving the Issue of Evacuee Property
The issue of evacuee property is indeed of paramount importance, affecting millions of people who became landless or propertyless due to their mass migration. Not only this, the issue is of national importance as it holds significant implications for both Bharat and Pakistan. The settlement of this problem is crucial not only for the individuals directly impacted but also for the broader context of Indo-Pak relations. Finding a resolution to this longstanding issue could potentially ease tensions and promote better understanding between the two nations.
Efforts to Find a Solution
Since partition, Governments of both the countries have made several unsuccessful attempts to find a practical solution[13]to this issue. Despite numerous efforts, the issue of evacuee property remains unresolved. However, the key milestones from these efforts include:
- August 27, 1947: The Joint Defence Council meeting, chaired by Mr. Mountbatten, led to an agreement between Bharat and Pakistan to appoint Custodians of evacuee property to preserve and manage abandoned assets[14].
- December 1947: The Inter-Dominion Conference in Delhi reaffirmed the principle of refugees’ ownership rights over movable and immovable properties[15]. However, despite these agreements, a lasting solution has yet to be achieved, leaving the issue a persistent challenge in Bharat-Pakistan relations.
Nehru-Liaquat Pact and its Aftermath
In the series of efforts made to solve the problems of displaced population/refugees and their properties, Nehru-Liaquat Agreement was signed between Bharat and Pakistan under which Governments of both the countries solemnly agreed that each shall ensure, to the minorities throughout its territory, complete equality of citizenship, irrespective of religion, a full sense of security in respect of life, culture, property and personal honour, freedom of movement within each country and freedom of occupation, speech and worship, subject to law and morality.[16]
The Pact created a favourable atmosphere which prompted Pakistan to suspend the enforcement of evacuee property laws. However, Bharat did not reciprocate, instead it advocated for a “Government-to-Government” settlement of the dispute. Rationale of Bharat for this stand included:
- The large number of properties involved (over 1 million), making individual-to-individual settlement of dispute time-consuming.
- Concerns about market value depreciation if properties were sold individually, as Muslim buyers might hold back.
- The logistical challenges and expenses for individuals to travel and manage property disposal.
But Pakistan disagreed with Bharat’s stance and supported individual settlement of each dispute. It had different and unrealistic perspectives on resolving the evacuee property issue.
Bharat’s Steps Towards Resolution
Meanwhile, Bharat has not been relaxed in the matter. In August 1951, the value of Muslims’ properties left in Bharat (who migrated to Pakistan) was determined and at a Conference of Rehabilitation Ministers held in New Delhi on 20 September, 1952, it was decided that Muslims’ evacuee properties should be auctioned or allotted to refugees to compensate them.
Replying to question in the Indian Parliament, the Minister of Refugees and Rehabilitation, Mr. A.P. Jain, stated that this step was contemplated because the return of refugees to their place of origin was no longer possible. He said that for five years, displaced persons had undergone great hardship, because neither had they received income from their abandoned properties, nor were they permitted to dispose of them. Bharat therefore, has decided to put an end to this state of uncertainty and he disclosed that the country had proposed to Pakistan that the evaluation of all evacuee property should be undertaken by a joint commission of the two countries or by some other impartial body.
Mr. Jain further said that if direct negotiations failed, Bharat is prepared to refer the question of the method of evaluation to the arbitration of an impartial tribunal agreed upon by both countries. He also said that the question might otherwise be referred to the International Court of Justice or to any ad hoc court consisting of the nominees of both countries. Finally, Mr. Jain said that the decision of any of the tribunals suggested would have to be accepted as final and binding on both parties, who should immediately proceed to implement the judgment[17].
However, Pakistan declared that with respect to Bharat’s suggestion that the evacuee property dispute should be referred to the International Court of Justice, this proposal was perfectly agreeable to Pakistan, provided that Bharat agreed to extend the principle of settling disputes by such means to all the matters which were in difference between the two countries[18]. This was an unreasonable condition which was put forward by Pakistan maliciously. Nehru rightly rejected this proviso[19].
CAA and Plight of Minorities
Despite of several attempts for resolving the issue of displaced populations’ properties (evacuee properties), most of which failed due to unwillingness and obstruction by Pakistan, Bharat has shown sensitivity and responsiveness to the plight of migrants who came here. Within its economic capacity, the country has provided land, either on lease or otherwise, to these individuals, in addition to offering them citizenship.
To address the challenges faced by refugees who were victims of religious persecution, the Bharatiya government has passed the Citizenship Amendment Act in 2019 to grant Bharatiya citizenship to these displaced population who suffered religious persecution in Pakistan, Afghanistan and Bangladesh. This move aimed to provide relief and a safe haven to those who have faced persecution and violence due to their religious beliefs.
By granting citizenship to these individuals, the Bharatiya government acknowledged their right to safety, dignity, and a life free from persecution. This step is seen as a humanitarian gesture, providing a new beginning for those who have been forced to flee their homes due to religious persecution.
Pakistan’s Accountability For Seized Land And Other Properties
Granting citizenship to the displaced population coming to Bharat is not the complete solution to their plight. The partition of Bharat and the subsequent creation of Pakistan raises profound questions about the fate of minorities who were assured of equal treatment and protection of their religious rights.
Pakistan is legally and morally responsible to adhere to the assurance made by Mohammad Ali Jinnah (founding father of Pakistan and the President of Constituent Assembly of Pakistan) and its obligation under Nehru-Liaquat Agreement that minorities would be treated with dignity and respect, But the ground reality starkly contradicts this false assurance. Pakistan’s transformation into an Islamic state was marked by widespread persecution of minorities, forcing many to flee to Bharat.
A more pressing issue that demands attention is Pakistan’s accountability for the seizure of lands belonging to the people who migrated to Bharat. The massive influx of refugees has put immense pressure on Bharat’s resources, exacerbating population density and straining its limited land and territorial area. Given this reality, Pakistan must be held accountable for the land it seized and make necessary arrangements for giving proportional area of those lands to Bharat. The Bharatiya government should raise this issue on appropriate international platforms, seeking a fair and just solution for the displaced population.
Seizing the Opportunity
As the current tension between Bharat and Pakistan reached the boiling point, following the Pahalgam attack on 22 April 2025 and subsequent military operation namely “Operation Sindoor”, with the Indus Water Treaty under intense scrutiny, coupled with the growing momentum to reclaim Pakistan-occupied Kashmir (PoK), it is the high time that Bharat leverages this crucial moment to raise the issue of historical injustices and plight of displaced population at the global level. This presents a unique opportunity for Bharat to assert its claim, seek international support, and address the longstanding disputes that have plagued the region. By doing so, Bharat can push for a comprehensive resolution, promoting regional stability and justice for the displaced population.
Conclusion
Considering the limited territorial area and resources, it is imperative for Bharat to claim these lands from Pakistan and raise this issue at global front and before competent international forum for its redressal. By doing so, Bharat can not only rectify historical injustices but also address the pressing needs of its citizens. The time has come for Bharat to reassert its legitimate rights and interests, ensuring a more equitable and just future for its people. With the global spotlight on the region, Bharat must seize this opportunity to make its claim and shape a better tomorrow for generations to come.
–KARUNA SINDHU
[1]Want to let world know, talks with Pakistan only on terrorism and POK: PM Modi; https://www.indiatoday.in/india/story/talks-with-pakistan-only-on-terrorism-pakistan-occupied-kashmir-pm-modi-2723719-2025-05-12
[2] PoK is ours: Amit Shah reaffirms India’s claim over region; https://www.newindianexpress.com/nation/2025/Apr/09/pok-is-ours-amit-shah-reaffirms-indias-claim-over-region
[3]“Waiting For Return Of Stolen Part Of Kashmir”: S. Jaishankar Calls Out Pakistan; https://www.newindianexpress.com/nation/2025/Apr/09/pok-is-ours-amit-shah-reaffirms-indias-claim-over-region
[4] PoK residents will demand merger with India: Rajnath Singh;
[5] Waqf or Effort for an Extended Pakistan?;
https://organiser.org/2024/10/13/260018/bharat/waqf-or-effort-for-an-extended-pakistan
[6] Punjab Secretariat Archives (PSA), Folder 33 E, Pakistan National Assembly Debates, March 1955, 22–24.
[7] Waqf or Effort for an Extended Pakistan?;
https://organiser.org/2024/10/13/260018/bharat/waqf-or-effort-for-an-extended-pakistan
[8] Jinnah’s 11 August, 1947 Speech: Assurance To Minority Communities (Editorial From The Hindu); https://www.scribd.com/document/110861031/Jinnah-s-11-August-1947-Speech-Assurance-to-Minority-Communities-Editorial-from-The-Hindu
[9] Pakistan: Protect religious freedom for Hindus;
[10] Hindus in Pakistan; https://minorityrights.org/communities/hindus-2/#:~:text=Profile,in%20rural%20areas%20of%20Sindh.
[11]Mohammed Ahsen Chaudhri; “Evacuee Property In India And Pakistan” https://www.jstor.org/stable/41393804?read-now=1&oauth_data=eyJlbWFpbCI6InNpbmRodWs3ODRAZ21haWwuY29tIiwiaW5zdGl0dXRpb25JZHMiOltdLCJwcm92aWRlciI6Imdvb2dsZSJ9&seq=1#page_scan_tab_contents
[12] Board of Revenue Records, Lahore (BRR), Rehabilitation Settlement Scheme Part 11, F. 20 (9)/56-R-I, 24.
[13] Mohammed Ahsen Chaudhri; “Evacuee Property In India And Pakistan” https://www.jstor.org/stable/41393804?read-now=1&oauth_data=eyJlbWFpbCI6InNpbmRodWs3ODRAZ21haWwuY29tIiwiaW5zdGl0dXRpb25JZHMiOltdLCJwcm92aWRlciI6Imdvb2dsZSJ9&seq=1#page_scan_tab_contents
[14] Concerning Evacuee Property, published by the Ministry of Information and Broadcasting, Government of India, New Delhi 1950, p. 9.
[15] Mohammed Ahsen Chaudhri; “Evacuee Property In India And Pakistan” https://www.jstor.org/stable/41393804?read-now=1&oauth_data=eyJlbWFpbCI6InNpbmRodWs3ODRAZ21haWwuY29tIiwiaW5zdGl0dXRpb25JZHMiOltdLCJwcm92aWRlciI6Imdvb2dsZSJ9&seq=1#page_scan_tab_contents
[16]Agreement Between The Governments Of India And Pakistan Regarding Security And Rights Of Minorities (Nehru-Liaquat Agreement) New Delhi, 8 April 1950;
[17] Mohammed Ahsen Chaudhri; “Evacuee Property In India And Pakistan” https://www.jstor.org/stable/41393804?read-now=1&oauth_data=eyJlbWFpbCI6InNpbmRodWs3ODRAZ21haWwuY29tIiwiaW5zdGl0dXRpb25JZHMiOltdLCJwcm92aWRlciI6Imdvb2dsZSJ9&seq=1#page_scan_tab_contents
[18] Constituent Assembly of Pakistan Debates, 13 and 20 November, 1952, pp, 121 and 457
[19] Mohammed Ahsen Chaudhri; “Evacuee Property In India And Pakistan” https://www.jstor.org/stable/41393804?read-now=1&oauth_data=eyJlbWFpbCI6InNpbmRodWs3ODRAZ21haWwuY29tIiwiaW5zdGl0dXRpb25JZHMiOltdLCJwcm92aWRlciI6Imdvb2dsZSJ9&seq=1#page_scan_tab_contents
