The Constitution of Pakistan
Provision as to Property,
Every citizen shall have the right to acquire, hold and dispose
of property in any part of Pakistan, subject to the Constitution
and reasonable restriction imposed by law in the public interest.
Article
23
Minorities’ properties, individual as well
as those belonging to communities remained vulnerable to mischief
of the land grabbers in 2006. The evidence shows that Churches,
temples, graveyards were easy target for the powerful and greedy
to garb the properties belonging to non-Muslims. The violators
included institutions and individuals.
The Protection of Communal Properties Ordinance 2002 introduced
on the initiation of Col. Tresslar, a Federal Minister at that
time was meant to protect the properties in the communal use
from illegal transfers.Although the section 3 of the Ordinance
clearly provided that the Housing schemes will be exempted from
the bar when they were already approved by the Federal or Provincial
governments, yet the law was used to the disadvantage of minorities.
The revenue department at several places blocked bona fide transfers,
especially in case of church facilitated Housing schemes. The
prime example was housing schemes in Lahore.
When the revenue department refused to transfer lands to the
buyers on account of the new law the only option kept in the
law was a prior authorization by the Minister of Religious and
Minorities Affair, which meant extra trouble, expenditures and
involved bureaucratic procedural delays.
The Ordinance further provided that for transfer of such properties,
an NOC will be issued by the Federal Government on the recommendation
of the National Commission for Minorities. The matter became
more complicated because a National Minorities for Commission
was not functional providing more room for red-tapism.Though
the ordinance was introduced with good intentions, draft did
not have the benefit of being enriched and corrected through
consultation and discussion by the competent bodies.
Eviction from the unregulated settlements, affected the religious
minorities more severely especially when government provides
no resettlement and rehabilitation. A discriminatory implementation
has been observed also, generally as regards to regularization
of the so- called illegal settlements or Katchi Abadis.
In the absence of a sound housing policy and infrastructure
that provides minimal assistance of the state departments to
people, they are left with no choice except to keep settling
and building on government land. Therefore not merely a sympathetic
but a just solution and a proactive policy is required to address
the issue of encroachment. Peoples’ right to shelter needs
better safeguards and proactive policy.
Three initiatives agricultural reforms and several scheme of
land distribution to the landless peasants were introduced by
successive government however the agricultural labourers from
the minorities were ignored despite their acknowledged deprivation.
Chawk Munda - Derickabad
Fr. Derrick Masquita, a Catholic priest hailing from
Karachi invited Christian land less agriculturer workers from
different areas to Chawk Munda, District Muzzafargarh in 1975
to un-commanded piece of land. About 900 families accepted the
challenge on his call. Situated in the heart of Thal, it was
a desert of high sand dunes and barren land. The village he
founded was later named after him.
After a hard struggle over the decades settlers managed to
make that land fertile in about ten villages. The influential
Muslims of the nearby area grabbed the land by force, police
Revenue department and Administrative officials working hand
and glove with them. Rai Mansab Ali one of the land grabbers
is member of the Punjab Provincial Assembly and the Advisor
of the Chief Minister Punjab. He managed to have the land of
village 547/T.D.A. transferred to himself through claims, while
the same were held bogus by the Civil Court Judge, Kot Addu
in 1994. The Christian families settled in the village were
evicted by instituting false case e.g. stealing the harvest
which they cultivated but he claimed as his property, forcing
the farmers out of the land. The authorities were approached
both for the ownership of land and stopping evictions and other
human rights abuses.
Various Time and again, orders were issued by the Governor
of Punjab and the Board of Revenue establishing the Christian
occupants, right for allotment. However the poor families
continued suffer due to the negligence of the Punjab government.
NCJP
Reports
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Protest against land grabbers in chawk families
- Muzafargarh
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