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HomeOpinionModi govt's J&K land laws finally bring the emotional connect, missing since...

Modi govt’s J&K land laws finally bring the emotional connect, missing since Article 370

All the unemployed political leaders of J&K who are shedding crocodile tears for the small and marginal farmers should explain what they did in the past 70-odd years for them.

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The overall effect of the Narendra Modi government’s orders bringing changes in land-related laws in Jammu and Kashmir can be summed up in six words that were omitted from the lawbook — “being permanent resident of the State”.

It is this move that opens up the entire Jammu and Kashmir to the whole country and establishes the emotional connect that was sadly missing since the inclusion of Article 370 in the Constitution of India.

By virtue of the introduction of the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020 by the Ministry of Home Affairs (MHA), more than 11 laws that governed the sale, purchase and ownership of land in the former state have been repealed. The J&K Big Landed Estates Abolition Act, which gave enormous powers to the “tiller” of the land wresting these rights from the owner, also stands abolished. This Act, which practically divested thousands of landowners, mainly Kashmiri Hindus, of their excess land, became a prominent reason that sowed the seeds of alienation in the Valley.

At the time of accession of J&K to the Indian Union on 26 October 1947, the Maharaja of the state of ‘Jammu & Kashmir, Ladakh and Tibet ityadi Pradesh’ ceded control over defence, external affairs and communications, exactly as all the other 500-odd princely states had done.

The document of accession did not provide for any special status to Jammu and Kashmir, nor did it promise to treat the state differently. The socio-political movements in the state dictated the course of events, resulting in the inclusion of Article 370 that eventually became a stumbling block in the emotional integration of J&K with the rest of India.


Also read: 12 laws repealed, 14 amended — what exactly changes under new land orders in J&K


Divestment affected Hindus

Ironically, the idea of “hereditary state subject” and “Kashmir for Kashmiris” emerged from the social agitation led by the Kashmiri Hindu community, more popularly known as Kashmiri Pandits, forcing the Maharaja to make legal provisions securing the rights of the Kashmiri Pandit community giving them such rights over the use and ownership of land, which was not available to non-state subjects. This special right available to the subjects of the state was continued even after the accession of the state to the Union of India.

The first Prime Minister of India, Jawaharlal Nehru, had himself spoken about this in Lok Sabha. “For a long time past, in the Maharaja’s time, there had been laws there preventing any outsider, that is, any person from outside Kashmir, from acquiring or holding land in Kashmir. If I mention it, in the old days the Maharaja was very much afraid of a large number of Englishmen coming and settling down there…..”.

What was, therefore, conceived as a provision essentially to keep the ‘privileged and rich Englishmen’ out of the reach of “delectable climate” of Kashmir, became a tool to divest the very same Kashmiri Pandits who agitated for such a special right.

The Indian citizenship was extended to the residents of Jammu and Kashmir (through The Constitution Application to Jammu and Kashmir Order, 1954) but Article 35A was also simultaneously inserted into the Constitution, enabling the state to define the privileges of the permanent residents of the state. Article 35A secured the use and ownership of land and property, jobs in the state government and state-run colleges, and right to give aid out of government funds exclusively to the Permanent Residents. The provision became a contentious issue especially with the exodus of Kashmiri Hindus and the state passing into the hands of those who believed in the dictum of might is right. Terrorism sponsored by the inimical forces from across the border added to the seriousness of the issue, making J&K the exclusive preserve of a privileged few who wielded political, social and economic power.


Also read: BJP has put J&K on sale, betrayed people, local parties say after Centre changes land laws


Things won’t change overnight

All those unemployed political leaders shedding crocodile tears for the small and marginal farmers should explain what they did in these 70-odd years to improve the living standards of the people of J&K, many of whom were not even treated as equal citizens of the state. Voicing concerns about environmental degradation is the easiest thing to do. Those who now appear to be concerned about the environment had no consideration for the state’s infrastructure development, which would have helped the agriculture and horticulture produce to reach the vast national market. Besides, there are strict national laws that are good enough to protect the environment and secure the rights of the locals.

It is nobody’s argument that things will change overnight in the state. No one is going to rush in where the fear of terror attacks and lack of administrative support is a cause of concern and restricts development. The Union government has taken a bold and right step towards integrating the state’s economy with that of the rest of India. It is possible that a big chunk of government land has been encroached upon, especially in districts prone to militancy. The state’s administrative machinery and the Modi government at the Centre will have to retrieve them. Much more needs to be done, especially in allaying the fears and concerns of the locals about the apprehensions of “takeover of business” by outsiders.

The author is the former editor of ‘Organiser’. Views are personal.

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5 COMMENTS

  1. As far as kashmir is concerned, kashmir is overpopulated and kashmiris will not sell lands, it is possible in jammu only to buy lands as ladakh will be under 6 th schedule

  2. Fine edit in Indian Express yesterday, which places the issue in a better context than this column, one fears. The land is secure, we are losing the people. In a wider global context, the plot as well.

  3. The Govt should immediately ensure that the soldiers of the Sikh Light Infantry and the Naga regiments are given land in Kashmir. This will solve “Kashmir problem” in 3 months

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