The proposal of the government allowing the ex-servicemen to construct a colony here in Kashmir has drawn a sharp reaction from the mainstream as well as the separatist camp. The separatists have warned of an agitation while the NC has revived its attack on the PDP-BJP government charging the dispensation of bartering the special status of the state for power. The political mudslinging apart, which is now inherent in all issues that confront the people, the government has however clarified that no land has been allotted for the construction of the colony for ex-servicemen. People, who are nevertheless sceptical, have some valid questions: that why do the soldiers of Kashmir need hundreds of kanals of land for the construction of a colony, or why should the ex-servicemen of Jammu come and settle down in Kashmir. Apart from the fear that the proposal has set off with many arguing that this will spur communal tensions, at stake is also the special status of the state which is conferred by Article 370 of Indian constitution. The Article is an abiding constitutional link between the state and the centre which apart from conferring a special status on the state to have a separate flag and constitution also gives the veto to the state on some key issues including the rights of the state subjects. The law governing the state subjects confers the preferential right only on the state subjects to own the property here and the outsiders are barred from acquiring any immovable property. In the wake of this constitutional scheme that defines the powers between the state and the centre, the opposition to the construction of a colony for ex-servicemen should be seen in right perspective. This shouldn’t fuel the bigotry and the narrow scope of nationalism that the right wing parties often try to betray through their lunatic actions by raising a private militia to even drive home their ideological posturing on food preferences. The bigotry had escalated to such an extent that one driver of Kashmir had become the victim of zoolatry of the right wing parties and was killed over the row on the beef ban. Similar set of circumstances are now being created to provoke the fake nationalistic credentials as the political parties have raised the pitch for the revocation of the Article 370 and are seeking that the Kashmir shall completely merge with the Indian Union. The Jammu and Kashmir is a special state which makes laws in respect of land issues and this right has been vested with the state since the time of Dogra rulers who in order to safeguard the interests of the Jammu traders had brought in the state subject law that bars people from outside the state to acquire the ownership rights. Given the constitutional history of the state as well as the previous incidents when the people with the vested interest have exploited the public opinion to vitiate the peaceful atmosphere here, government needs to be watchful.
The editorial first appeared in print edition of May 11, 2016.
