Dr. Satya Dev Gupta
It needs to be realized that Jammu and Kashmir State is unnatural wedlock of three regions Jammu, Kashmir and Ladakh. All the three regions have distinct identities: geographically, historically, culturally and linguistically; these are different from each other. And that the people of three regions have different social and political aspirations. Jammu and Ladakh region have been facing step motherly treatment in all the spheres at the hands of Kashmiri political leadership. The social and political aspirations of the people of these regions have been ignored and sacrificed. The Government of India and other national political parties have been instrumental in this adverse condition of these people.
Sheikh Mohd. Abdullah wanted to be unchallengeable ruler of Kashmir valley alone with Kashmir as a sovereign state within Indian Union. But unfortunately, people of Jammu and Ladakh regions were made to bear his prejudicial and revengeful rule against their wishes and later on the perpetual domination of the Valley. The fact of the matter is that the people of Jammu and Ladakh regions opposed the incorporation of Article 370 in the Indian Constitution, 1952 accord between Nehru and Sheikh and the separate constitution of J&K State. People of Jammu launched an aggressive movement under the banner of Praja Parishad, against these decisions of the centre and demanded a complete integration of J&K State with Indian Union, whereas, the people of Ladakh resisted against being part of Jammu and Kashmir State under the leadership of Kushaq Bakula. They demanded a 370 like provision in J&K State for Ladakh, if they have to remain part of the State because of their apprehensions that they would be neglected, administratively, and politically and that their culture and religion would face a severe attack from Kashmiri hegemony.
Political Neglect of Jammu and Ladakh
The people of Jammu and Ladakh region experienced a political discrimination at the hands of the Government at the Centre and that of J&K. Kashmir region has always been considered as representative of the whole of Jammu and Kashmir. As a result, the interests of Jammu and Ladakh regions have always been sacrificed to the advantage of Kashmir region. In the inclusion of Article-370 in Indian constitution and in accords of 1952, 1975 and 1986, the opinion of Kashmiri leadership was only taken into account and the wishes of people of Jammu and Ladakh regions were given a little consideration. Jammu region which constitutes almost 50 percent of the State’s population and has an area 70 percent more than that of Kashmir Valley, (with hilly and difficult terrain), is under represented in the state legislature and in Lok Sabha. It has only 37 seats against 46 of Kashmir valley. Its representation in Lok Sabha is two against three from Kashmir Valley.
Discrimination inflicted by Kashmiri Leaders
Under political and administrative domination of Kashmir, Jammu and Ladakh regions were adversely neglected in the development activities, in services, in admission to professional colleges, in allocation of funds both from Centre and the State. The share of Jammu in civil secretariat services is merely about 15 per cent and in over all Jammu and Kashmir services it is about 30 percent. Jammu region contributes about seventy percent revenue in the state exchequer where as only 30% funds are allocated for its development out of State exchequer. Jammu also faced discrimination in the allocation of grants from the Centre. Though Jammu region has numerous spots of scenic beauty and adventure with excellent climatic conditions, which can become potential source of Tourism in the State, but no attention was and is being paid towards their development. Similarly, the hilly areas of Jammu region have suitable climate for the growth of horticulture industry, but the attitude of State Government towards its growth has always remained lukewarm. People of Jammu and Ladakh regions always suffer whether it is peace or turmoil in the Valley. It is Jammu region that mostly bears the brunt of cross border firing.
Conspiracy to Change Demography
What worries Jammu region is its demographic change, under mischievous and well designed plan of Kashmiri leaders to erode and diminish its geographical, political and cultural identity. Kashmir, because of its political and administrative domination and hegemony, influences the thinking process of Muslim population of Poonch, Rajouri, Kishtwar, Doda and Ramban which have hilly terrain and have majority of Muslim population. As a result, the separatist tendencies have also started erupting in these districts. The Kashmiri leaders conspire to separate these districts from Jammu province under the name of Chenab Valley and Pir Panchal area and are trying to merge them with Kashmir to fulfil their Greater Kashmir plan.
In addition to what has been stated above, in a well plan strategy, the Kashmiri Muslims have migrated to Jammu and have established themselves in and around the main cities of Jammu province. Further, the selections in the Government services are extremely biased and about 80-90 percent of the selections are made in favour of the candidates belonging to Kashmir province. Even against vacancies existing in Jammu province most of the employment is being offered to Kashmir based candidates. As a result the strength of Kashmir based employees in the Government Departments located in Jammu region is increasing tremendously day by day. The other factor affecting the demography change of Jammu province is that because of the discriminatory attitude of State Government against the Jammu province people (particularly against Hindus) the Hindu candidates migrate to other parts of India in search of employment. It may also be mentioned that no effort is being made to deport Bangladeshis and Rohingyas whose population is estimated about 50,000 in Jammu province.
Above all there exists a mutual alienation and mistrust between the people of all the three regions.
How to Meet the Challenges
In the recent past the people in general and the intellectual class of Jammu region have been debating on the subject of devising a mechanism so that the people of the region may get their due share in the state polity and in its administrative structure. While taking forward the concept of Regional Autonomy earlier proposed by late Balraj Puri, some of the people have tried to crystallize the lists of subjects to be shared between State Government and have proposed Regional Councils for the three regions of the State. But the Regional Councils’ Model as proposed is quite insufficient to meet the real grievances and worries of the people of Jammu and Ladakh regions. The model suffers from the following lacunas:
* The political hegemony of Kashmir shall continue to exist. Nothing has been suggested to remove the disparity regarding the representation in the State Assembly and in the Lok Sabha. With majority of legislatures coming from the Valley, the possibility of having Chief Minister from Jammu is ruled out. Apart from that Valley shall continue to have more number of ministers in the cabinet with all the important portfolios in their kitty.
* No concrete proposal has been mooted to provide equitable and judicious share to all the regions in the State level services. The Common State level Public Service Commission shall continue to cause great heart burning and despair among the youth of Jammu province.
* The Development proposals and regional level plans are to be submitted to the State Planning Commission. Therefore, the sanction of funds from the Centre or from the State for the execution of the development proposals would remain on the mercy of State Government; Jammu and Ladakh regions have been suffering from the discriminatory attitude of Kashmiri political class. It always undermines the needs of these regions; as such their proposals are scuttled and are not projected to the centre. Thus these regions do not get the funds duly required for their development activities, both from the State as well from the centre. Even the funds allocated for the execution of projects by the centre or by the state even may get diverted to the valley or may be allowed to lapse, as is the existence practice.
* No formula has been suggested to get justice in the matters put under the State list or in the Concurrent list.
* It does not address the challenge of demography change and challenges to the geographical, cultural and historical identity of Jammu region.
* The social cultural and political aspirations of the people of Jammu region are not going to be met in the suggested regional Autonomy format. People of Jammu and Ladakh regions would remain neglected in any accord between Jammu and Kashmir State and Government of India. Appeasement policy towards Kashmir and policy of considering Kashmiri leaders as sole representatives of whole of the State and the policy of thrusting the wishes of Kashmiri leadership on the people of Jammu and Ladakh regions against their wishes shall continue to persist.
* The Discriminatory treatment against the people of India and even against the daughters of the State in the matter of their property and settlement rights in the state snatched under the Clause of Permanent Citizenship of State Constitution, that provided leverage to the State under Article 35A, which is drastically against the fundamental rights, as granted to Indian citizens under the Constitution of India, shall continue. As a corollary to this the West Pakistan refugees who migrated in 1947 to Jammu and Kashmir State considering it as part of India, can never get their rights as citizens of the State.
In the light of above it is essential that Jammu region and Ladakh region be empowered politically and administratively in order to reduce the influence of the Valley on the people of these regions and keep the integrity of the regions intact.
The way out:
To solve the Jammu and Kashmir imbroglio the following is being submitted for your considerations:
* The article 35A be immediately removed.
* After holding due consultations with the constitutional experts, the ways and means need to be worked out to Remove Article 370 from Indian Constitution and also to establish the supremacy of Indian Parliament over State Legislature, particularly in the matter of giving Indian Parliament a riding powers over the Legislature powers of the State.
* Re-organization of J&K State: The varied propositions have been put forward by the concerned political and social activists.
i) Trifurcation of J&K State: Dividing the J&K into two states, comprising of present area of Jammu region and other one constituting the Kashmir Valley where as Ladakh be provided a Union territory Status. The Kashmiri Pandits and other minorities of the Valley should be settled in a safe area carved out of Kashmir Valley from its southern part.The proposition of trifurcation of the State had received positive response from the various dignitaries of the country. Ex president of Bhartiya Jan Sangh, Prof. Balraj Madhok, former Indian Defence Minister and President of India, R.Venktaruman, S. Kushwant Singh etc. have supported the move of division of the State as a lasting solution to J&K problem. RSS in its resolution in 2002 at Pathankot advocated the re-organization of the State and decided to provide its support to the organization, Jammu State Morcha floated to fight for the trifurcation of Jammu and Kashmir State thereby granting statehood to Jammu region. Dr. Shyama Prasad Mookherjee in his letter to Pt. Jawahar Lal Nehru on Feb. 12, 1953 had recommended Provincial Autonomy forJammu and Ladakh regions whereas in his address in the inaugural Session of the party in December 1952, declared for the separation of Jammu and Ladakh regions from the Kashmir Valley. In his other letter on 23rd Feb. 1953 written to Sheikh Ahdullah, Dr. Shyama Prasad Mookherjee asserted the same views. Number of political and social organizations and intellectuals of Ladakh region and of Jammu Province support the separate statehood for Jammu Region and Unitary status for Ladakh region. Prominent among them are Ladakh Budhist Association, J&K Panther Party, Shiv Sena, Vishav Hindu Parishad, Santan Dharm Sabha etc.
ii) Creation of Sub States / Autonomous States with all the powers that a state can have except for some common provisions of interests, common Governor and common Chief Justice office. The provision was applicable in seven sister states in North East under Article 244 A.
iii) Autonomous Regional Councils: The provision of each region having an autonomous regional council can also be considered provided such councils have their own legislative assemblies with powers to legislate on all the matters pertaining to the respective regions and having independent administrative and planning and economic structures. The coordination between the three regions on the matter of common interests can be vested with the Co-ordination Committee with equal members drawn from all the three regions and with Common Governor as its chairman. The leader of the Legislative Assembly of a region shall be the Chief Minister of the region and the Cabinet of the region shall almost have the same powers as being enjoyed by the cabinets of the other states of the country.
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