Tuesday, July 21


Every year, World Refugee Day serves as a solemn reminder of the suffering endured by millions of people who have been uprooted by war, terrorism, persecution and violence. It is a day to reaffirm humanity’s collective commitment to justice, compassion and the right of every displaced person to live in safety, dignity and peace. While global attention rightly focuses on refugees who cross international borders, there exists another category of displaced people whose plight often receives far less attention—those who are forced to flee their homes but remain within the borders of their own country.

Among the world’s longest displaced internally displaced communities are the Kashmiri Pandits, an indigenous civilisational community that has lived in the Kashmir Valley for millennia. For the last thirty-six years, they have remained refugees in their own country, carrying the burden of displacement while continuing to hope for a safe and dignified return to their ancestral homeland.

The forced exodus of the Kashmiri Pandits in 1989–90 was one of independent India’s gravest humanitarian tragedies. As terrorism engulfed the Valley, targeted killings, threats, intimidation and an atmosphere of fear compelled the overwhelming majority of the community to abandon their homes almost overnight. Families left behind houses, agricultural lands, businesses, schools, temples and centuries-old neighbourhoods, believing they would return within weeks or months. Instead, temporary displacement turned into a prolonged exile spanning more than three decades.

The displacement was not merely the migration of individuals from one geographical location to another. It represented the near disappearance of one of the world’s oldest indigenous knowledge traditions from its natural civilisational landscape. The Kashmiri Pandits have for centuries been custodians of Kashmir’s rich philosophical, literary and spiritual heritage. The land that gave the world Abhinavagupta, Kalhana, Bilhana and numerous scholars of Shaivism and Sanskrit learning lost one of its most significant cultural pillars. Kashmir’s celebrated ethos of pluralism and coexistence suffered a profound setback.

The early years of exile were marked by immense hardship. Thousands of displaced families lived in overcrowded camps and makeshift accommodations under harsh climatic conditions. Elderly people struggled with illness and despair. Children pursued education under difficult circumstances. Professionals were compelled to rebuild careers from scratch. Families experienced financial insecurity, psychological trauma and social dislocation. Although successive governments provided relief and rehabilitation assistance, relief can never substitute for the loss of one’s homeland, community life and cultural roots.

Thirty-six years later, the material conditions of many displaced families have improved, but the fundamental reality remains unchanged—they continue to live away from their ancestral homeland. A whole generation has grown up knowing Kashmir only through family memories, photographs and occasional visits. For many young Kashmiri Pandits, the homeland has become a cherished inheritance rather than a lived experience.

World Refugee Day therefore provides an opportunity not merely to remember displaced populations across the world but also to reflect upon India’s own internally displaced citizens. The Kashmiri Pandits remind us that displacement extends beyond the loss of shelter. It disrupts identity, weakens language, erodes cultural continuity and fragments community institutions. Long-term displacement affects successive generations and gradually disconnects a people from their historical geography.

The international community increasingly recognises the rights of internally displaced persons. Although the 1951 Refugee Convention applies principally to persons who cross international borders, the situation of the Kashmiri Pandits falls within the humanitarian framework established by the United Nations Guiding Principles on Internal Displacement (1998). These Principles affirm that national governments bear the primary responsibility for protecting internally displaced persons and for creating conditions that enable their voluntary, safe, dignified and sustainable return to their homes or places of habitual residence.

While the Guiding Principles are not legally binding as a treaty, they represent internationally accepted standards consistent with established human rights norms. They recognise that internally displaced persons should not remain in prolonged displacement and that States should remove the political, legal, security and administrative obstacles preventing their return.

India’s constitutional framework reinforces these humanitarian obligations. Articles 14, 19, 21, 25, 29 and 300A collectively guarantee equality before law, freedom of movement and residence, protection of life and personal liberty, freedom of religion, preservation of cultural identity and protection of property under law. These constitutional guarantees are not abstract ideals. They embody the Republic’s commitment to ensuring that every citizen can live with dignity, security and equal opportunity.

The Supreme Court of India has consistently interpreted Article 21 as encompassing the right to live with dignity. For an indigenous community displaced by terrorism for over three decades, the denial of meaningful access to its homeland raises important constitutional questions. The passage of time cannot diminish constitutional rights nor convert temporary displacement into permanent exile.

The time has therefore come to move beyond relief-centred policies towards a comprehensive National Return and Rehabilitation Policy for the Kashmiri Pandits. Such a policy must be founded upon constitutional values, humanitarian principles and national consensus. Its objective should not merely be the physical relocation of families but the restoration of a living community within its historical homeland.

A credible return framework should include comprehensive security arrangements, restoration or fair settlement of residential and community properties, reconstruction and protection of temples and heritage sites, housing support, educational and employment opportunities, healthcare facilities and sustained economic rehabilitation. Equally important is the preservation of the Kashmiri language, Sharada heritage and the community’s unique civilisational traditions.

The Government of India should also consider formally recognising the Kashmiri Pandits as an indigenous internally displaced community, acknowledging the exceptional circumstances of their displacement. Such recognition would not create new constitutional categories but would facilitate focused policy planning, targeted welfare measures and institutional mechanisms dedicated to preserving the community’s identity while facilitating its return.

Rehabilitation must also be accompanied by reconciliation. Lasting peace cannot emerge solely through administrative measures. It requires mutual trust, public acknowledgement of suffering, respect for historical truth and meaningful engagement among all sections of Kashmiri society. The return of the Kashmiri Pandits should be viewed not as the concern of one community alone but as an essential prerequisite for restoring Kashmir’s composite culture and pluralistic identity.

The responsibility for achieving this objective belongs not only to governments but also to civil society, religious leaders, educational institutions and public intellectuals. A democratic society demonstrates its strength not by forgetting painful chapters of history but by confronting them with honesty, compassion and constitutional wisdom.

On World Refugee Day, the story of the Kashmiri Pandits deserves to be remembered alongside that of displaced communities across the world. They remain among the longest displaced indigenous communities anywhere, continuing to live as citizens of India but separated from their ancestral homeland for thirty-six years. Their experience underscores the human cost of terrorism and the enduring resilience of a community that has preserved its identity despite enormous adversity.

The measure of India’s constitutional democracy lies not merely in protecting rights during ordinary times but in restoring justice when those rights have been gravely disrupted. The safe, voluntary, honourable and sustainable return of the Kashmiri Pandits should therefore become a national priority. It is essential not only for the displaced community but also for the restoration of Kashmir’s civilisational diversity and the reaffirmation of India’s constitutional promise.

World Refugee Day should inspire India to transform empathy into policy and remembrance into action. The nation possesses the constitutional vision, institutional capacity and civilisational ethos to bring this long chapter of displacement to a dignified conclusion. The homecoming of the Kashmiri Pandits would not merely restore an exiled people to their homeland; it would reaffirm India’s enduring commitment to justice, pluralism, human dignity and the rule of law.

Thirty-six years of exile are far too long for any citizen of a democratic republic. The time has come to replace temporary relief with permanent justice, and displacement with dignified return. That alone would be a fitting tribute to the ideals that World Refugee Day seeks to uphold and to the constitutional values that define the Republic of India.

The author is a noted Senior Advocate, Supreme Court of India | Constitutional Thinker | Public Intellectual





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