Asem Mohiuddin
Barely 10 days after the Gupkar declaration was given an official consent by the local mainstream political parties in Kashmir, the centre set the new land laws in Union Territory of Jammu and Kashmir and threw open the sale of land for outsiders. The fresh laws enacted with immediate effect were considered as the completion of Narender Modi led BJP government’s agenda to abrogate the Jammu and Kashmir’s special position with certain privileges that began on August 5 last year. Now anyone from India without qualifying for the domicile of JK UT can buy or purchase the movable and immovable properties in Jammu and Kashmir either for residential or commercial purposes.
The Union Home ministry after passing the order justified it and said for economic boost in the region the decision was taken. Until now, under Article 370 no one was eligible to purchase the land in Jammu and Kashmir and under Article 35A no one from other parts of India could acquire the permanent resident ship in erstwhile state. Both the laws enshrined in Indian constitution were abrogated by Union Home Ministry on August 5, 2019 and now the fresh laws are being implemented for Jammu and Kashmir.
Unification of Mainstream in Kashmir
This has not gone well with the locals –both in Jammu and Kashmir region. It has united all the mainstream parties under one umbrella and vowed to fight back what they call it “massive assault” on the rights of local people.
Dozens of workers and leaders from the Peoples Democratic Party, after the new law was issued came on roads and protested against it. After police swung into action and lodged them at Kotibagh police station, the Party president Mehbooba Mufti addressed the press conference in hurry and said that the new law is aimed to loot the local resources and deprive indigenous population of its economic rights.
“This new law implemented by Union government to loot the local resources will be opposed tooth and nail by all of us,” she told media. “Do they think that we will be silent and BJP will do whatever it wants in Jammu and Kashmir? Impossible.”
Mehbooba, however, warned that if the people are not uniting at this point of time, BJP will rob everything in the Union Territory.
“It has nothing to do with Dogras and Kashmiris. BJP only needs our resources,” she added.
But the oldest political dispensation of erstwhile Jammu and Kashmir State National Conference (NC) believes that it has more responsibilities to shoulder in this hour of need.
“Except this piece of and what we have for our future generations. It is now or never,” Omar Abdullah told his workers in Budgam.
Omar said his party NC will take the lead in mobilizing the people and opinion to oppose this decision that he termed as a “massive attack” on people’s rights.
But the former chief minister went a step forward and said that he has no idea where the situation will take them.
“We have scarified our workers for the idea of India in Kashmir. But we have never been part of this process of disempowerment. Our “land to tiller” act by NC founder Sheikh Mohammad Abdullah is being widely appreciated in world. And all the laws related to PRC and land was enacted by the Maharaja Hari Singh which continued for over 70 years. One side the BJP adores him and on the other side, his all good is being undone.”
Let BJP come clear, Omar warned, if it wants us to leave the mainstream politics.
Demographic Change?
With the majority of people in Jammu feel it as an act of economic disempowerment of local population, in Kashmir, the fears of structured demographic change are running high.
The moderate Huriyat faction, chairman, Mirwaiz Umer Farooq asked people to observe the shutdown on October 31 to oppose the decision of New Delhi.
“The BJP has completed its agenda of paving way for the demographic change in Muslim majority Kashmir region,” said one of the separatist leaders, wishing not to be named.”It wants here to settle down the non locals to change its demography. But it will be opposed at every cost”.
The experts, however, opine that some guarantees for the land rights shall have been in the new laws for the local population.
With more than 20 petitions pending in the Supreme Court challenging the August 5 decision, the centre shall have restrained from issuing such orders until the final verdict comes from the court, writes an editorial in The Indian Express.
With a popular perception that only non agriculture land can be sold or purchased by the outsiders in Jammu and Kashmir, technically experts believe that there is no restriction on Agriculture land too though the process is not as simplified.
“Anyone who wants to set up industry related to agriculture and its allied activities can approach the government and he can be provided the land for the purpose. Technically, there is no bar on even purchasing of agriculture land for the related purposes”.
The MHA claims that the move is aimed to encourage bio industrial set up in the UT to increase job opportunities to deal with growing unemployment.
With the new land laws locked in Jammu and Kashmir, and anger mounting among the local populace, the political observers see it as a major opportunity for the mainstream parties to revive themselves and regain the control over lost political space.
“The People’s Alliance has already come on roads and began to expand its activities in both Jammu and Kargil regions part from its bastion in Kashmir. In times to come, they will prove severe headache for New Delhi since all of them are united against the National Party now,” a senior journalist said, who wishes not to be named.
The sources, in the People’s Alliance, however, told The Legitimate that they will be fighting the BJP on multiple fronts.
“The Political space cannot be left open for the party. The People’s Alliance will be jointly fighting the BJP candidates in every election including the incoming District Development Board elections to squeeze its space,” said one senior political leader. “The street politics to mobilize public opinion and mount pressure on New Delhi to roll back its unfriendly public decisions will be dominating course of our politics”.
Final words
Meanwhile, the fresh land laws issued by MHA are not considered to be the final words.
The experts believe that the laws are often prospective and have scope for amendment and changes whenever and wherever required.
“In the new land laws, the provision is set for the change by the competent authority; legislature or the parliament. It will all be depending on the upcoming legislature of Jammu and Kashmir. They can amend or change the laws they find necessary in the interests of people,” said an advocate and revenue expert HS Siddiqui to Jammu based news portal. “Even the parliament can amend the law. “
