Srinagar (Jammu and Kashmir): The Bharatiya Janata Party (BJP) is planning for a grand celebration to mark the first anniversary of their 'historic decision' of revoking the special status of the erstwhile state of Jammu and Kashmir, and splitting it into two Union Territories. In sharp contrast, however, many experts believe the people from all the regions of the erstwhile state are going through a phase of 'confusion and fear.'
ETV Bharat spoke to locals from all regions of Jammu and Kashmir and the experts who closely followed all developments since the day the Centre stripped Jammu and Kashmir of its special status, revoked its statehood and split it into two union territories.
LAND BANKING TO WOO INVESTORS
During the first fortnight of November last year, the Jammu and Kashmir administration started creating land banks to woo investors for setting up industrial units in the Union Territory. The move which came just four months after the Centre's August 5 decision had generated a wave of rumours and reports suggesting that another 'big development' could happen soon. The administration clarified the motive saying, "This is being done given the upcoming J&K Global Investors Summit-2020."
"Preparations for J&K Global Investors Summit-2020 is underway and to woo the investors coming there we are looking at the creation of land banks to the tune of over 5,000 kanals (approximately 624 acres) in both regions (Jammu and Kashmir). We have identified and are identifying land that can be used to set up industrial units," Ravinder Kumar, managing director, J&K State Industrial Development Corporation had said.
He further said that interested investors are expected to participate in the Summit to be held in the capital cities of Srinagar and Jammu in March.
"The summit will prove a determining factor in ushering Jammu and Kashmir into an industrial hub," Kumar had said, adding that it will not only help to present business-friendly policies but also harmonise Jammu and Kashmir's intrinsic strengths and aspirations of development and employment opportunities.
Eventually, the summit was postponed indefinitely in April, this year.
According to the statement from the administration, "It will not be possible to hold the Summit. It has been put off till the coronavirus situation improves and things return to normal. However, the administration will be utilizing the period to initiate the business-related reforms, build industrial estates, identify more land across the Union Territory as well as other districts."
THE DOMICILE ACT
On March 31, this year, the central government introduced a new definition of domicile in the union territory through the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020. The new act allows all Indian citizens to apply for government jobs in Jammu and Kashmir if they fulfil certain conditions. The government also repealed 29 laws from the erstwhile state of J&K and amended 109 others that had not been struck down last August.
The move was widely criticised by mainstream political parties of the Valley as 'discriminatory' and an 'insult'.
Until 2019, J&K enjoyed special status under the constitutional provisions of Article 370 and 35A, which didn't allow anyone from the rest of India to obtain domicile status there. This meant outsiders could not apply for jobs in the local government or own property there. However, this rule did not apply to central government postings.
Read: IAS officer from Bihar first 'outsider' to get J-K domicile certificate
The new rule only reserves non-gazetted class four jobs for Jammu & Kashmir natives. It also lists certain conditions one should fulfil to qualify as a domicile applicant — applicants should have resided in J&K for 15 years, or studied in the state for seven years and appeared in either the Class 10 or the Class 12 examination.
Children of central government officers (Army, paramilitary forces, IAS, IPS), and employees of public sector undertakings and banks, central universities etc who have served in Jammu & Kashmir for 10 years will also be eligible to apply for gazetted and non-gazetted government jobs. These include those who work outside the state.
Migrants registered by the Relief and Rehabilitation Commissioner need not fulfil the aforementioned requirements and will automatically be eligible for a domicile certificate.
The domicile decision of the government did not go well with the mainstream political players of the Valley and as such criticism was evident. Congress, the National Conference, the People's Democratic Party, the People's Conference, People's Movement, and the newest entrant, Apni Party jointly showed resentment against the move.
Meanwhile, a senior officer in Jammu and Kashmir became the first bureaucrat to be granted domicile rights in the Union Territory. Navin Kumar Choudhary, a J&K cadre officer who is presently posted as principal secretary of the agriculture production department, has been issued the domicile certificate from Jammu. A resident of Darbhanga district of Bihar, Choudhary said he has been serving in the J&K government for the past 26 years. His first posting was as assistant commissioner of Srinagar.
Read: Article 370 abrogation led to confusion? Not all Ladakhis are happy
"This is to certify, Shri Navin K Choudhary son of Shri Deokant Choudhary resident of, at present, Gandhi Nagar Jammu is a domicile of UT of J&K," reads the certificate issued by tehsildar of Jammu's Bahu area.
'STRATEGIC AREAS FOR ARMED FORCES'
On July 17 this year, the Jammu and Kashmir administration decided to notify certain locations inside the Union Territory as 'strategic areas' to facilitate construction by the armed forces. A subsequent order removed the condition of acquiring 'no objection certificate' from the home department, should the defence forces require the acquisition of immovable property anywhere in the embattled region.
The move was approved by the Jammu and Kashmir Administrative Council under the chairmanship of Lieutenant Governor GC Murmu, an official statement said.
"The Administrative Council gave its nod to the proposal of amending the Control of Building Operations Act, 1988 and the J&K Development Act, 1970 to provide for special dispensation for carrying out construction activities in strategic areas," it added.
The statement said the amendments proposed by the Housing and Urban Development Department will pave the way for notifying certain areas as “strategic areas” in terms of the requirement of Armed Forces, and in such areas, the regulation of construction activity shall be through a special dispensation. “The approval has been granted keeping in view the strategic importance of certain locations and reconciling their security needs with developmental aspirations,” it added.
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However, mainstream political parties criticised the move. The National Conference alleged that it was aimed at transforming Jammu and Kashmir into a military establishment and to undermine civilian authority.
"We have a headless dispensation in Jammu and Kashmir proposing to put more chunks of land under the control of security forces at the pretext of smooth construction for the requirements of the armed forces in such proposed notified areas," party spokesperson Imran Dar said, adding, "The proposed amendment will add to the pool of land under the possession of the Army by cutting on the remaining arable and fertile land tracts available for agriculture activity. The strategic importance of Jammu and Kashmir is not confined to certain areas, as such the entire region is strategically important."
People's Democratic Party leader Naeem Akhtar claimed the decision is 'scarier' than the scrapping of the special status of Jammu and Kashmir. "It seems we might not be left with enough land even for graveyards. It means no resident of Jammu and Kashmir has any power in determining even the basic functions of local government, Akhtar said.
Two days later, an official spokesperson of the Jammu and Kashmir administration said the criticism was unfounded as the decision did not bypass any existing laws.
Read: Abrogation of Article 370 from J&K has long term vision, say experts
"The decision simply means that in the so-called notified 'strategic areas' within the existing land of the armed forces, the responsibility to ensure that construction activities are undertaken following the developmental control regulations of the master plan and that all environmental safeguards are observed has been delegated to the armed forces themselves," the spokesperson said on July 19.
The spokesperson added that adequate safeguards are there to ensure that the provisions are not misused.
"The decision has nothing to do with the transfer of any land to the armed forces," he asserted, adding, "The transfer, both acquisition or requisition, continues to be governed by the existing law and norms on the subject. There is no decision to either transfer any new land or declare areas outside cantonments or Army land as strategic. It is the stated policy of the government to regulate and harmonise the requirement of land by the armed forces to meet the competing demands of development and internal security."
WHAT DO EXPERTS SAY?
While locals were not comfortable speaking on record or camera, they all appeared to be confused regarding the important decisions taken by the administration following the abrogation of Article 370. Meanwhile, experts while analysing the whole situation post abrogation of Jammu and Kashmir's special status, termed the decisions as "unilateral and opportunist".
For senior journalist and political analyst Riyaz Masroor, the decisions taken by the government were 'unilateral' and 'not democratic'.
Read: Article 370: Normalcy and development still some distance away in valley, says PDP leader
"In a democratic system, laws are made and amended. And when the laws are implemented, citizens have to follow or otherwise they have to face consequences. But in Kashmir people are complaining regarding the decisions that have been taken during the past year. There is no elected government in Jammu and Kashmir, two-three officials are assigned the job of governance under the banner of Administrative Council. It is the biggest challenge for democracy. And that's why we see opposition to these decisions, whether regarding domicile, land banking or recruitment or any such development," Masroor says.
He further said, "If all these decisions would have been taken through proper channels, I believe there would not be such anger and resentment among the masses. If regional political setup would have been active here then the things would have been different as they too had given their feedback on the issue before its implementation. The changes we are seeing today are unilateral and a challenge in a democratic setup."
Citing the Supreme Court's observation on Rajasthan politics, he said, "Recently, Supreme Court said that the voice of dissent in a democracy cannot be shut down. The arguments from the administration might be correct from their point of view but without people's participation democratic setup is incomplete."
Masroor also spoke in length about how the mainstream politicians of the Valley have been under detention from the past one year.
"Those politicians who waved the Indian flag in Kashmir participated in elections and people also voted for them. They have been put under detention for around a year now. Currently, there is no politics in Kashmir. This is not a democratic setup," he said.
Echoing similar views, another journalist Firdous Illahi believes 'these decisions are taken to muzzle the voice of Kashmiris'
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"All the decisions, including abrogation of Article 370 and 35 A, were taken when people were restricted into their homes. This is wrong. Decisions should have been taken following a proper route and after an elected government is in the place," Illahi said, adding, "I feel the voices here are being muzzled. People are living under fear and no one is ready to talk even."
He further said, "The decisions are being forced on the people as due to restrictions everyone is confined to their homes. They know there won't be any protests on the issues. I don't think taking any decision while people are dying of pandemic is justified. This is fascism."
Terming the administration's decisions as illegal, he said, "They are trying to do demographic change in Jammu and Kashmir. In rural areas, people are being forced to get domicile certificates. These certificates are now necessary for jobs, higher studies etc but at the same time, you can see protests in Jammu against the law. Voices against domicile policy are pouring in from all over the region, including Ladakh."
Another senior journalist Haya Javed feels that "abrogation of 370 and 35A has developed cracks in the relation between India and Jammu Kashmir."
"Those who had believed in India and had faith that the country stands with them have lost all trust after the abrogation of Articles. Some people with vested interest were happy but most of the residents of Jammu and Kashmir are angry and frustrated after the decision was taken," Javed said.
He further said, "The BJP is using all the tactics to alienate people of Jammu and Kashmir further by taking such decisions in haste. People are suffering from the past one year and its just opposite what BJP had claimed while abrogating Article 370 and 35A. They are sowing seeds of hatred."
Questioning the domicile act, he asked, "Has the administration provided jobs to all unemployed youth of Jammu and Kashmir that they have started inviting people from the rest of India to the Union Territory?"
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