Remote areas of J&K unfairly treated :: in legislature & for economic development
Daya Sagar Sharma
April 27, 2009
A look through the mist
Snow carnage of February 2005 had exposed the backwardness and poverty of the distantly placed people of J&K. Many villages in the Doda and Udhampur parts of J&K could not be reached even till middle of March 2005 to know the damage there. Poor or totally missing road links / means of communication was the reason. People living there belonged to very very low economic strata. Had the economic level of the people there been better , concern for them would have been raised by many. Lip service extended in 2005 by New Delhi and local government got exposed again in 2009.Just 85 kilometers from Patnitop is Bhaderwah. But even after 18 years since the tourist traffic to Kashmir Valley was adversely affected by the misdeeds of Pakistan sponsored agencies, nothing notable has been done to develop the commercial tourism l in Doda /Udhampur /Kathua/Poonch. We could not carry the tourist even to Bhaderwah that finds no prominence in Tourism Promotional literature of J&K . Same is the case with Kishtwar Saffron and the beauties of Valleys and Forests of Bhaderwah and Kishtwar. JK Assembly was informed by Mr. A.R Zargar on 11-03-2005 that Kashtwar Saffron ( kesar) sells in the market for over Rs.400/450 per tola (10.7 grams) as against Rs. 200 per tola (10.7 grams) for Kashmir Saffron for the reasons of superiority. But no one outside knows that Kishtwar also produces Kesar. Treatment given to Kesar of Kishtwar is no different than the tourism potential that exists in the Doda district of J&K. The local leadership of the past that has remained associated with those who have remained in power can only be held responsible for this.
The timber industry of J&K has survived only on Doda area. Even if only the revenue extracted from timber and high quality Deodar would have been pumped backed to this District the economy of the District could out beat any other District. But this day the district is the poorest. After 1990 , remotes of Udhampur, Doda and Kathua have suffered the most due to militancy. Development works have remained incomplete. The school education has fallen back. The militants have killed the poor backward people living in farflung areas. The local agriculture and horticulture industry has badly suffered. The security of the locals has been left to the local village defence committees in view of the area being vast. It is only in 2005 that Ghulam Nabi Azad has talked of the backward areas. Militants have taken total advantage of the weak economy of the areas of Doda, Rajouri, Udhampur, parts of Kathua and Poonch as well. Even the families who migrated from interiors on these areas have been unfairly treated in comparison to those who migrated from Kashmir Valley. No regular department / officer has been notified for the care of the migrants from these areas.
The areas have a number of Historic Shrines, Temples, Zeearats, ancient places of Pilgrimage, valleys, mountains, snows, springs, rivers, lakes, forests , fruits , Guchchi ( a very superior quality rare mushroom) and kesar enough to attract elite tourist. Instead isolated projects proposals valuing small amounts of Rs. 5 or 10 crore rupees have been given to these areas. There is enough potential to hold back the tourist in Bhaderwah and areas around Kishtwar for atleast a fortnight. Imagine how much good it could do to the local economy. The areas have Chandi Mata Temple Bhaderwah, Vasuki Naag/ Patta fair of Bhaderwah , Kailash Kund, Gupt Ganga, Asha Pati Glacier Bhaderwah , SONE BAWBLI, Bhaderwah Fort( Sheikh Mohmmed Andullah was detained here in 1947), Padhri Dhaar meadow, Bal Padri Glacier ,Chinta Valley , Jaai Nallah ,SEUJ DHAR, Bhaderwah Sarthal Chamba route to link Dalhauji / Khajiar / Chamba bypassing the warm planes during the summer , Sukrala Mata , Varun Mandir Billawar, Sundrikote Shrine of Mata Sundri ji,CHEOO Bangla (Cheeoo Deodar forests/ springs) , Machedi ,Jodeaan Mata ,Sarthal tops, Sankari Devta, ''Sankhri Dabbar'', Kirmachi Pandwa temples, Mongri Cave of Shiv Parvati , Bamhaal ( Mongri) pine forest,Jalsar ( mongri) meadow ,Saroli Dhar, Sar Dabbar, Sanara, Kalka Tibba Kandroo, Ajjal in Mongri, Cheman Mata in Basnote, green lush Dedar forest stretches at Damnote/Panchari, Sudh Mahadev, Man Talai, Jakhed ( Naag temple and a small Masjid ) Basant Garh ( Basaar), Purdaar Devta/ Nag Devta , Khaned river (On one bank Kashmiri people and the other Dogra races ),Shiv Gali ( Sehogali),Kakddi Dhar mountain range, Kalaunta, Pingar , Shrine Shah Farid ud Din Sahib Kishtwar ,Shah Asra ud Din Sahib Kishtwar, Ziarat Zain Shah Sahib Bhandarkot, Devi Atharah Bhuja Sarthal Kishtwar ,Sinthan Top , Paddar ( world renowned Sapphire mines ), Machail Mata Yatra , Gulab Garh Paddar 4 Km sq large maidaan/ field which has four temples on its four corners i.e Shiv/Chandi/Sheetla/Kali Mata, village Leondi large size single stone Nandi, a Hanuman Temple of ancient times, KUNDLEE Village Sheeshnag and Chandi Mata Temples and what not . Space is falling short.
Under Section -50 people residing in Jammu region are allocated 14 elected members in Legislative Council (MLC ) where as those in Kashmir Region have been allocated only 12 elected MLCs ( Ladakh Region 2 MLCs). How could any one justify allocating 43 seats in assembly to areas ( Kashmir Region ) that had only 12 elected seats in Legislative Council and 30 seats to areas ( Jammu region ) that had 14 elected seats in the Legislative Council when first formal Delimitation of Assembly Segments was done ?. The worst sufferers due to this neglect even in the Legislative Assembly have been the people residing in the distant, backward ,farflung and economically weaker areas of Jammu & Kashmir State most of which fall in Doda, Udhampur, Kathua and Rajouri/ Poonch sectors of J&K.The J&K Representation of the Peoples Act and Section -50 of the Constitution of Jammu & Kashmir definitely go with the preamble and the directive principles as of J&K Constitution. Providing a representative of nearness in the Legislative Assembly and Legislative Council is the essence of Representation of the Peoples Act as well as Section- 50 of J&K Constitution. But so far, a Representative of nearness has been denied to most of the people of J&K by the Delimitation Commissions . Due to unfair delimitation of Assembly Segments and in adequate representation to people the Legislative Assembly ( commonly understood as MLA) / Government the comparative economic, social and administrative backwardness /deficiencies have rather grown in the people of DODA, Udhampur, Kathua and Rajouri / Poonch ( even Kupwara , Baramulla and Kargil ) . Section – 50 of J&K Constitution lays down that for Legislative Council eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Jammu provided that of the members so elected, at least one shall be a resident of Doda District and at least one shall be a resident of Poonch District. This speaks of the requirements of Doda and other areas. Even the K.K. Gupta Delimitation Commission did not correct the mistake and allocated ( 27-04-2008) 46 MLAs to areas falling in Kashmir Region and only 37 MLAs to areas falling in Jammu Region. So again DODA, Udhampur, Kathua people have been unfairly treated during 1996, 2002 and 2008 Legislative Assembly elections Given the status as on date ,Delimitation Commission for J&K Legislative Assembly under Sub -Section (2) of Section 47 of J&K Constitution as laid down in the Jammu & Kashmir Representation of the Peoples Act of 1957 can not be installed ateast till 1931 ( year census after 2026 is due ) unless the J&K Constitution is amended to undo the 29th Constitutional Amendment. Due to this even the number of constituencies to be reserved for Schedule caste can not be redefined and relocated as required under Section-49 of JK Constitution. Democratic rights under Sub Section -2 and Subsection -3 of Section-47 of the J&K Constitution have been sealed till 2026/ 2031. . Constitution of a new Delimitation Commission has otherwise also become necessary in view of number of districts administrative units in J&K having been increased from 14 to 22 .
But it is sure that any fair delimitation, if done under the provisions of J&K Representation of the People Act 1957 , balance would tilt towards the Jammu Region. It could be inferred that Kashmir Valley centric leadership ( Congress / NC) could sense that it in future it may not be that easy to manipulate the delimitation commission reports and hence 29th Jammu & Kashmir Constitution amendment Bill was passed in the year 2002 by NC ? Congress combine that a very large majority number in Assembly making the Sub - Section 3 of section 47 of J&K Constitution was made inoperative for about next 3 decades. This amendment in a way has distributed the seats in Legislative Assembly State till 2032 AD ( since first census results after 2026 AD will be of 2031 AD census only ). So in a way a final distribution ( nearly 36 years ) on regional basis becomes the delimitation proposals as ordered by Justice K. K. Gupta Commission ( Ladakh Region -4, Jammu region 37, Kashmir Region.-46 , POK areas -24 )
Wazir Commission had recommended creation of Kishtwar and Reasi districts in 1984 but the same were created in 2006 . The J&K Representation of People Act 1957 was designed by its authors in a very special manner. It could well be seen from the contents of clauses a - ( i) to a (v) of Sub Section ( 2) of Section- (4) of J&K RPA 1957. Four of five clauses under section four of the Act very explicitly demonstrate that any fair trial would allot more MLAs to areas falling in Jammu Region . Geographical Compactness (Clause a- ii more representatives needed in Assembly from areas falling in particularly DODA, UDHAMPUR , RAJOURI, KATHUA.,nature of terrain (Clause – a - iii ) ( areas in Doda , Kishtwar, Udhampur, Reasi, Kishtwar, Ramban, Kathua, Rajouri is bad ) , Facilities of Communication (Clause – a- iv ) ( surface transport is poor).
It is not only the seats in Assembly that need review , even the seats in Parliament need be re decided . It is highly unfair to carry on with two MPs for Jammu region and three MPs for Kashmir Region. Jammu Region has nearly 13000 sq km area per MP ( Kathua –Doda- Udhampur 18892 sq Km, Jammu Rajouri Poonch 7401 sq km ) and Kashmir Region has about 5300 sq Km area per MP ( Srinagar 3599 sq km, Anantnag 5382 sq Km, Baramulla 6967 sq Km ). Surely Jammu Region need be given atleast 4 MPs in case Kashmir has to have 3 MPs. The miseries, backwardness, illiteracy, poverty and ill health has grown in the farflung areas. In view of larger distances and difficult terrains the MLAs / MPs are not able to regularly reach their areas to view / assess and monitor development l in their constituencies..
No one should be envy to results incase the areas of Kathua, Udhampur, Doda, Rajouri, Kupwara get additional 9 to 10 seats and those that fall in Jammu, Srinagar, Badam, Ananatnag , Pulwama lose 9 to 10 seats out of present strength of 87 MLAs with Jammu Region on the overall still getting around 45 to 46 MLA and Kashmir Region getting around 37 to 38 MLA.
(*Daya Sagar is social activist and Sr Coloumnist J&Kaffairs dayasagr@yahoo.co.uk www.alookthroughthemist.blogspot.com)
Snow carnage of February 2005 had exposed the backwardness and poverty of the distantly placed people of J&K. Many villages in the Doda and Udhampur parts of J&K could not be reached even till middle of March 2005 to know the damage there. Poor or totally missing road links / means of communication was the reason. People living there belonged to very very low economic strata. Had the economic level of the people there been better , concern for them would have been raised by many. Lip service extended in 2005 by New Delhi and local government got exposed again in 2009.Just 85 kilometers from Patnitop is Bhaderwah. But even after 18 years since the tourist traffic to Kashmir Valley was adversely affected by the misdeeds of Pakistan sponsored agencies, nothing notable has been done to develop the commercial tourism l in Doda /Udhampur /Kathua/Poonch. We could not carry the tourist even to Bhaderwah that finds no prominence in Tourism Promotional literature of J&K . Same is the case with Kishtwar Saffron and the beauties of Valleys and Forests of Bhaderwah and Kishtwar. JK Assembly was informed by Mr. A.R Zargar on 11-03-2005 that Kashtwar Saffron ( kesar) sells in the market for over Rs.400/450 per tola (10.7 grams) as against Rs. 200 per tola (10.7 grams) for Kashmir Saffron for the reasons of superiority. But no one outside knows that Kishtwar also produces Kesar. Treatment given to Kesar of Kishtwar is no different than the tourism potential that exists in the Doda district of J&K. The local leadership of the past that has remained associated with those who have remained in power can only be held responsible for this.
The timber industry of J&K has survived only on Doda area. Even if only the revenue extracted from timber and high quality Deodar would have been pumped backed to this District the economy of the District could out beat any other District. But this day the district is the poorest. After 1990 , remotes of Udhampur, Doda and Kathua have suffered the most due to militancy. Development works have remained incomplete. The school education has fallen back. The militants have killed the poor backward people living in farflung areas. The local agriculture and horticulture industry has badly suffered. The security of the locals has been left to the local village defence committees in view of the area being vast. It is only in 2005 that Ghulam Nabi Azad has talked of the backward areas. Militants have taken total advantage of the weak economy of the areas of Doda, Rajouri, Udhampur, parts of Kathua and Poonch as well. Even the families who migrated from interiors on these areas have been unfairly treated in comparison to those who migrated from Kashmir Valley. No regular department / officer has been notified for the care of the migrants from these areas.
The areas have a number of Historic Shrines, Temples, Zeearats, ancient places of Pilgrimage, valleys, mountains, snows, springs, rivers, lakes, forests , fruits , Guchchi ( a very superior quality rare mushroom) and kesar enough to attract elite tourist. Instead isolated projects proposals valuing small amounts of Rs. 5 or 10 crore rupees have been given to these areas. There is enough potential to hold back the tourist in Bhaderwah and areas around Kishtwar for atleast a fortnight. Imagine how much good it could do to the local economy. The areas have Chandi Mata Temple Bhaderwah, Vasuki Naag/ Patta fair of Bhaderwah , Kailash Kund, Gupt Ganga, Asha Pati Glacier Bhaderwah , SONE BAWBLI, Bhaderwah Fort( Sheikh Mohmmed Andullah was detained here in 1947), Padhri Dhaar meadow, Bal Padri Glacier ,Chinta Valley , Jaai Nallah ,SEUJ DHAR, Bhaderwah Sarthal Chamba route to link Dalhauji / Khajiar / Chamba bypassing the warm planes during the summer , Sukrala Mata , Varun Mandir Billawar, Sundrikote Shrine of Mata Sundri ji,CHEOO Bangla (Cheeoo Deodar forests/ springs) , Machedi ,Jodeaan Mata ,Sarthal tops, Sankari Devta, ''Sankhri Dabbar'', Kirmachi Pandwa temples, Mongri Cave of Shiv Parvati , Bamhaal ( Mongri) pine forest,Jalsar ( mongri) meadow ,Saroli Dhar, Sar Dabbar, Sanara, Kalka Tibba Kandroo, Ajjal in Mongri, Cheman Mata in Basnote, green lush Dedar forest stretches at Damnote/Panchari, Sudh Mahadev, Man Talai, Jakhed ( Naag temple and a small Masjid ) Basant Garh ( Basaar), Purdaar Devta/ Nag Devta , Khaned river (On one bank Kashmiri people and the other Dogra races ),Shiv Gali ( Sehogali),Kakddi Dhar mountain range, Kalaunta, Pingar , Shrine Shah Farid ud Din Sahib Kishtwar ,Shah Asra ud Din Sahib Kishtwar, Ziarat Zain Shah Sahib Bhandarkot, Devi Atharah Bhuja Sarthal Kishtwar ,Sinthan Top , Paddar ( world renowned Sapphire mines ), Machail Mata Yatra , Gulab Garh Paddar 4 Km sq large maidaan/ field which has four temples on its four corners i.e Shiv/Chandi/Sheetla/Kali Mata, village Leondi large size single stone Nandi, a Hanuman Temple of ancient times, KUNDLEE Village Sheeshnag and Chandi Mata Temples and what not . Space is falling short.
Under Section -50 people residing in Jammu region are allocated 14 elected members in Legislative Council (MLC ) where as those in Kashmir Region have been allocated only 12 elected MLCs ( Ladakh Region 2 MLCs). How could any one justify allocating 43 seats in assembly to areas ( Kashmir Region ) that had only 12 elected seats in Legislative Council and 30 seats to areas ( Jammu region ) that had 14 elected seats in the Legislative Council when first formal Delimitation of Assembly Segments was done ?. The worst sufferers due to this neglect even in the Legislative Assembly have been the people residing in the distant, backward ,farflung and economically weaker areas of Jammu & Kashmir State most of which fall in Doda, Udhampur, Kathua and Rajouri/ Poonch sectors of J&K.The J&K Representation of the Peoples Act and Section -50 of the Constitution of Jammu & Kashmir definitely go with the preamble and the directive principles as of J&K Constitution. Providing a representative of nearness in the Legislative Assembly and Legislative Council is the essence of Representation of the Peoples Act as well as Section- 50 of J&K Constitution. But so far, a Representative of nearness has been denied to most of the people of J&K by the Delimitation Commissions . Due to unfair delimitation of Assembly Segments and in adequate representation to people the Legislative Assembly ( commonly understood as MLA) / Government the comparative economic, social and administrative backwardness /deficiencies have rather grown in the people of DODA, Udhampur, Kathua and Rajouri / Poonch ( even Kupwara , Baramulla and Kargil ) . Section – 50 of J&K Constitution lays down that for Legislative Council eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Jammu provided that of the members so elected, at least one shall be a resident of Doda District and at least one shall be a resident of Poonch District. This speaks of the requirements of Doda and other areas. Even the K.K. Gupta Delimitation Commission did not correct the mistake and allocated ( 27-04-2008) 46 MLAs to areas falling in Kashmir Region and only 37 MLAs to areas falling in Jammu Region. So again DODA, Udhampur, Kathua people have been unfairly treated during 1996, 2002 and 2008 Legislative Assembly elections Given the status as on date ,Delimitation Commission for J&K Legislative Assembly under Sub -Section (2) of Section 47 of J&K Constitution as laid down in the Jammu & Kashmir Representation of the Peoples Act of 1957 can not be installed ateast till 1931 ( year census after 2026 is due ) unless the J&K Constitution is amended to undo the 29th Constitutional Amendment. Due to this even the number of constituencies to be reserved for Schedule caste can not be redefined and relocated as required under Section-49 of JK Constitution. Democratic rights under Sub Section -2 and Subsection -3 of Section-47 of the J&K Constitution have been sealed till 2026/ 2031. . Constitution of a new Delimitation Commission has otherwise also become necessary in view of number of districts administrative units in J&K having been increased from 14 to 22 .
But it is sure that any fair delimitation, if done under the provisions of J&K Representation of the People Act 1957 , balance would tilt towards the Jammu Region. It could be inferred that Kashmir Valley centric leadership ( Congress / NC) could sense that it in future it may not be that easy to manipulate the delimitation commission reports and hence 29th Jammu & Kashmir Constitution amendment Bill was passed in the year 2002 by NC ? Congress combine that a very large majority number in Assembly making the Sub - Section 3 of section 47 of J&K Constitution was made inoperative for about next 3 decades. This amendment in a way has distributed the seats in Legislative Assembly State till 2032 AD ( since first census results after 2026 AD will be of 2031 AD census only ). So in a way a final distribution ( nearly 36 years ) on regional basis becomes the delimitation proposals as ordered by Justice K. K. Gupta Commission ( Ladakh Region -4, Jammu region 37, Kashmir Region.-46 , POK areas -24 )
Wazir Commission had recommended creation of Kishtwar and Reasi districts in 1984 but the same were created in 2006 . The J&K Representation of People Act 1957 was designed by its authors in a very special manner. It could well be seen from the contents of clauses a - ( i) to a (v) of Sub Section ( 2) of Section- (4) of J&K RPA 1957. Four of five clauses under section four of the Act very explicitly demonstrate that any fair trial would allot more MLAs to areas falling in Jammu Region . Geographical Compactness (Clause a- ii more representatives needed in Assembly from areas falling in particularly DODA, UDHAMPUR , RAJOURI, KATHUA.,nature of terrain (Clause – a - iii ) ( areas in Doda , Kishtwar, Udhampur, Reasi, Kishtwar, Ramban, Kathua, Rajouri is bad ) , Facilities of Communication (Clause – a- iv ) ( surface transport is poor).
It is not only the seats in Assembly that need review , even the seats in Parliament need be re decided . It is highly unfair to carry on with two MPs for Jammu region and three MPs for Kashmir Region. Jammu Region has nearly 13000 sq km area per MP ( Kathua –Doda- Udhampur 18892 sq Km, Jammu Rajouri Poonch 7401 sq km ) and Kashmir Region has about 5300 sq Km area per MP ( Srinagar 3599 sq km, Anantnag 5382 sq Km, Baramulla 6967 sq Km ). Surely Jammu Region need be given atleast 4 MPs in case Kashmir has to have 3 MPs. The miseries, backwardness, illiteracy, poverty and ill health has grown in the farflung areas. In view of larger distances and difficult terrains the MLAs / MPs are not able to regularly reach their areas to view / assess and monitor development l in their constituencies..
No one should be envy to results incase the areas of Kathua, Udhampur, Doda, Rajouri, Kupwara get additional 9 to 10 seats and those that fall in Jammu, Srinagar, Badam, Ananatnag , Pulwama lose 9 to 10 seats out of present strength of 87 MLAs with Jammu Region on the overall still getting around 45 to 46 MLA and Kashmir Region getting around 37 to 38 MLA.
(*Daya Sagar is social activist and Sr Coloumnist J&Kaffairs dayasagr@yahoo.co.uk www.alookthroughthemist.blogspot.com)
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