Vol. 8 · pages 406–410

381 PAKISTAN : THE PROBLEMS OF PAKISTAN “The expense of the Commission and of its Committees both on account of its maintenance and its operation shall be borne by the two Governments in equal proportion. “The Government of Pakistan and the Government of Hindustan hereby agree to grant to all their nationals within their territories who belong to ethnic minorities the right to express their desire to emigrate. “The Governments of the States above mentioned undertake to facilitate in every way the exercise of this right and to interpose no obstacles, directly or indirectly, to freedom of emigration. All laws and regulations whatsoever which conflict with freedom of emigration shall be considered as null and void.” The fourth and the fifth difficulties which relate to transfer of property can be effectually met by including in the treaty articles the following terms: “Those who, in pursuance of these articles, determine to take advantage of the right to migrate shall have the right to carry with them or to have transported their movable property of any kind without any duty being imposed upon them on this account. “So far as immovable property is concerned it shall be liquidated by the Commission in accordance with the following provisions: (1) The Commission shall appoint a Committee of Experts to estimate the value of the immovable property of the emigrant. The emigrant interested shall have a representative chosen by him on the Committee. (2) The Commission shall take necessary measures with a view to the sale of immovable property of the emigrant.” As for the rest of the difficulties relating to reimbursement for loss, for payment of pensionary and charges for specifying the currency in which payments are to be made the following articles in the treaty should be sufficient to meet them : “(1) The difference in the estimated value and the sale price of the immovable property of the emigrant shall be paid in to the Commission by the Government of the country of departure as soon as the former has notified it of the resulting deficiency. One-fourth of this payment may be made in the money of the country of departure and three-fourths in gold or short term gold bonds. “(2) The Commission shall advance to the emigrants the value of their immovable property determined as above. “(3) All civil or military pensions acquired by an emigrant at the date of the signature of the present treaty shall be capitalized at the charge of the debtor Government, which must pay the amount to the Commission for the account of its owners.

382 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES “(4) The funds necessary to facilitate emigration shall be advanced by the States interested in the Commission.” Are not these provisions sufficient to overcome the difficulties regarding transfer of population ? There are of course other difficulties. But even those are not insuperable. They involve questions of policy. The first question is : is the transfer of population to be compulsory or is it to be voluntary ? The second is : is this right to State-aided transfer to be open to all or is it to be restricted to any particular class of persons ? The third is : how long is Government going to remain liable to be bound by these provisions, particularly the provision for making good the loss on the sale of immovable property ? Should the provisions be made subject to a time limit or should the liability be continued indefinitely ? With regard to the first point, both are possible and there are instances of both having been put into effect. The transfer of population between Greece and Bulgaria was on a voluntary basis while that between Greece and Turkey was on a compulsory basis. Compulsory transfer strikes one as being prima facie wrong. It would not be fair to compel a man to change his ancestral habitat if he does not wish to, unless the peace and tranquility of the State is likely to be put in jeopardy by his continuing to live where he is or such transfer becomes necessary in his own interest. What is required is that those who want to transfer should be able to do so without impediment and without loss. I am therefore of opinion that transfer should not be forced but should be left open for those who declare their intention to transfer. As to the second point, it is obvious that only members of a minority can be allowed to take advantage of the scheme of State-aided transfer. But even this restriction may not be sufficient to exclude all those who ought not to get the benefit of this scheme. It must be confined to certain well defined minorities who on account of ethnic or religious differences are sure to be subjected to discrimination or victimization. The third point is important and is likely to give rise to serious difference of opinion. On a fair view of the matter it can be said that it is quite unreasonable to compel a Government to keep

383 PAKISTAN : THE PROBLEMS OF PAKISTAN open for an indefinite period the option to migrate at Government cost. There is nothing unfair in telling a person that if he wants to take advantage of the provisions of the scheme of State-aided migration contained in the foregoing articles, he must exercise his option to migrate within a stated period and that if he decides to migrate after the period has elapsed he will be free to migrate but it will have to be at his own cost and without the aid of the State. There is no inequity in thus limiting the right to State-aid. State-aid becomes a necessary part of the scheme because the migration is a resultant consequence of political changes over which individual citizens have no control. But migration may not be the result of political change. It may be for other causes, and when it is for other causes, aid to the emigrant cannot be an obligation on the State. The only way to determine whether migration is for political reasons or for private reasons is to relate it to a definite point of time. When it takes place within a defined period from the happening of a political change it may be presumed to be political. When it occurs after the period it may be presumed to be for private reasons. There is nothing unjust in this. The same rule of presumption governs the cases of civil servants who, when a political change takes place, are allowed to retire on proportionate pensions if they retire within a given period but not if they retire after it has lapsed. If the policy in these matters is as I suggest it should be, it may be given effect to by the inclusion of the following articles in the treaty: “The right to voluntary emigration may be exercised under this treaty by any person belonging to an ethnic minority who is over 18 years of age. “A declaration made before the Commission shall be sufficient evidence of intention to exercise the right. “The choice of the husband shall carry with it that of the wife, the option of parents or guardians that of their children or wards aged less than 18 years. “The right to the benefit provided by this treaty shall lapse if the option to migrate is not exercised within a period of 5 years from the date of signing the treaty. “The duties of the Commission shall be terminated within six months after the expiration of the period of five years from the date when the Commission starts to function.”

384 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES What about the cost ? The question of cost will be important only if the transfer is to be compulsory. A scheme of voluntary transfer cannot place a very heavy financial burden on the State. Men love property more than liberty. Many will prefer to endure tyranny at the hands of their political masters than change the habitat in which they are rooted. As Adam Smith said, of all the things man is the most difficult cargo to transport. Cost therefore need not frighten anybody. What about its workability ? The scheme is not new. It has been tried and found workable. It was put into effect after the last European War, to bring about a transfer* of population between Greece and Bulgaria and Turkey and Greece. Nobody can deny that it has worked, has been tried and found workable. The scheme I have outlined is a copy of the same scheme. It had the effect of bringing about a transfer* of population between Greece and Bulgaria and Turkey and Greece. Nobody can deny that it was worked with signal success. What succeeded elsewhere may well be expected to succeed in India. The issue of Pakistan is far from simple. But it is not so difficult as it is made out to be provided the principle and the ethics of it are agreed upon. If it is difficult it is only because it is heart-rending and nobody wishes to think of its problems and their solutions as the very idea of it is so painful. But once sentiment is banished and it is decided that there shall be Pakistan, the problems arising out of it are neither staggering nor baffling. * Those who want more information on the question of transfer of population may consult with great advantage The Exchange of Minorities, Bulgaria, Greece and Turkey by Stephen P. Ladas (Mac), 1932, where the scheme for the transfer of population between Greece and Bulgaria and Greece and Turkey has been fully set out. zz

CHAPTER XV WHO CAN DECIDE ? There are two sides to the question of Pakistan, the Hindu side and the Muslim side. This cannot be avoided. Unfortunately however the attitude of both is far from rational. Both are deeply embedded in sentiment. The layers of this sentiment are so thick that reason at present finds it extremely difficult to penetrate. Whether these opposing sentiments will wither away or they will thicken, time and circumstances alone can tell. How long Indians will have to wait for the melting of the snow no one can prophesy. But one thing is certain that until this snow melts freedom will have to be put in cold storage. I am sure there must be many millions of thinking Indians who are dead opposed to this indefinite postponement of Indian freedom till an ideal and a permanent solution of Pakistan is found. I am one of them. I am one of those who hold that if Pakistan is a problem and not a pose there is no escape and a solution must be found for it. I am one of those who believe that what is inevitable must be faced. There is no use burying one’s head in the sand and refusing to take notice of what is happening round about because the sound of it hurts one’s sentiments. I am also one of those who believe that one must, if one can, be ready with a solution long before the hour of decision arrives. It is wise to build a bridge if one knows that one will be forced to cross the river. The principal problem of Pakistan is : who can decide whether there shall or shall not be Pakistan ? I have thought over the subject for the last three years, and I have come to some conclusions as to the proper answer to this question. These conclusions I would like to share with others interested in the solution of the problem so that they may be further explored. To give clarity to my conclusions, I have thought that it would serve the purpose better if I were to put them in the form of an Act of Parliament. The following is the draft of the Act which embodies my conclusions :—