Delimitation and Domicile One step forward, two backwards

Rajan Gandhi
Ever since parliamentary elections BJP is experimenting in Jammu and Kashmir. Dreams of breaking hegemony of Kashmir centric policies, end of regional discrimination, smart city development and numerous others got deflated once BJP went for an alliance with PDP. All development projects remained non starter due to non availability of land, list after list of Government jobs clearly indicating total biased towards Kashmir and coalition partner BJP helplessly but deliberately looking the other way defending every action of CM Mehbooba Mufti of PDP. Favoritism, nepotism, corruption were the orders of day with not only PDP but serious allegations were also leveled on BJP ministers also. But things day by day went from bad to worse not only on these fronts but on terrorism also with CM Mehbooba safeguarding separatists’ interests, every effort to counter terrorism was road blocked. Ultimately after three and a half years of disillusion one fine day BJP decided to pull the rug under CM Mehbooba’s feet as her actions were more damaging to BJP on national perspective and with elections due in many states assemblies and 2019 general elections this coalition became untenable finally. But this era of coalition made terrorists so emboldened that many terrorist attacks including Pulwama happened.
Come August, the historic abrogation of Article 370 was done along with discriminatory Article 35A. There was total lockdown of Kashmir with no phone, no net but Jammu equally suffered net ban despite lifting of other curbs in Jammu region. Once one of the largest Princely State of Jammu and Kashmir which was entitled for rare 21 gun salute even under British Empire has been reduced to UT now, rubbing salt on the wounds is the fact that Jammu is still with Kashmir. How a three masjid Jammu got converted to three hundred plus masjids still remains a mystery. How army brigade areas have been encroached and surrounded by people of one particular sect despite clear cut notifications and forest land? Hardly any Jammuite has purchased any property in Kashmir, those who had just migrated back to Jammu along with Kashmiri pundits in 1990.
Since October UT status GoI has issued two most important notifications, ‘Delimitation and Domicile’. Since the day when Jawaharlal Nehru foisted Sheikh Abdullah on Jammu and Kashmir, Kashmir valley has had a disproportionate say in matters concerning the state despite the fact that minuscule Valley with an area of 15.73% only ruled regions of Jammu (area 25.93%) and Ladakh (area 58.33%). Fact is that radicalized valley which thrives on regression, oppression and violence, all of which feed into anti-India sentiments but still legislative and consequently administrative control is with Kashmir, courtesy the disproportionate representation it has in the State Assembly with 46 seats in an Assembly of 87, with Jammu having only 37 seats and Ladakh only 4. It is because of this “Majority 46 Assembly seats” that the ruling classes from Kashmir have been able to have complete control over decision-making, including law making, in administrative and other Government appointments as well as distribution of Central funds. A comparison of two capital districts of J&K itself reveal the extent of discrimination as Jammu District alone has an area of 2,336 sq km with a population of 10,10,959 with 11 assembly constituencies namely Gandhinagar with 1,68,643 voters, Jammu West with 1,53,530 voters, Raipur Domana with 96,694 voters, Akhnoor with 94,419 voters, Bishnah with 89,189 voters, R S Pura with 77,134 voters, Chamb with 72,413 voters, Nagrota with 72,156 voters, Marh with 71,361 voters, Suchetgarh with 62,095 voters and Jammu East with 53,316 voters and on the other hand Srinagar is only 294 sq km with a population of 6,25,801 with 8 assembly constituencies namely Batmaloo with 1,20,339 voters, Hazratbal with 99,850 voters, Amira Kadal with 86,514 voters, Sonawar with 77,505 voters, Zadibal with 76,909 voters, Eidgah with 58,822 voters, Habba Kadal with 54,852 voters and Khaniyar with 51,010 voters and all these constituencies have considerable migrant voters as well. Even the per seat area in Jammu comes out to be Jammu= 2,336sq km/11= 212.36 sq km and for Srinagar it is merely 294 sq km/8= 36.75 sq km, is there any justification on what basis constituencies were crafted, area or population as in both the cases repeated injustice for decades has been done to Jammu. What can be more mocking that Gurez constituency of Kashmir division has a population as low as 17,500 only. Preempting that Jammu seats may be increased in 2002 by Delimitation Commission set up nationally after 1971, then Farooq Abdullah Government got passed a law in State Assembly by which delimitation was frozen in J&K until 2026 and central Government at that time just stood as mute spectator. With status quo now broken but the present delimitation will be done on the basis of 2011 census which many experts feel is fudged for Kashmir Division as KPs and KMs who have migrated to Jammu are still included in Kashmir voter list instead of Jammu as in 2002 census the number of voters in Jammu were more than Kashmir by 1.41 lakhs but in 2014, Kashmir exceeds Jammu by 4.21 lakhs i.e. a swing of 5.67 lakhs. How Kashmir’s population grew by 26% post 1991 despite migration and exodus? What about West Pakistan refugees, Balmiki voters or wards of women who lost their domicile status after marriage or their wards who are studying in J&K as all these have now become domiciles of UT of J&K and can vote for respective State Assembly now, but how these voters will be included in delimitation process. Will WPR be enlisted for reserved POK seats and some seats added in J&K assembly? There are many valid questions but no answers right now.
Second notification about Domicile got slipped under the guise of “The J&K Civil Services (Decentralization and Recruitment) Act (Act No.XVI of 2010)” in the notification on the pattern of NE states but we cannot compare NE States with J&K as here there is no influx of refugees like there from Bangladesh. Accordingly anyone who has resided for a period of fifteen years in the UT of J&K or has studied for a period of seven years and appeared in Class 10th /12th examination in an educational institution located in the UT or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migr-ants) or children of those Central Government Officials, all India services officers, officials of PSUs and Autonomous body of Central Government, Public Sector Banks, officials of Statutory bodies, officials of Central Universities and recognized research institutes of Central Government who have served in Jammu and Kashmir for a total period of ten years or children of parents who fulfill any of the conditions or the children of such residents of UT who live outside in connection with their employment or business or other professional or vocational reasons but their parents fulfill any of the conditions. All Class IV jobs got reserved for J&K domiciles and rest open for all Indian citizens but strangely within 24 hours an amendment was issued and all jobs got reserved for J&K domiciles.
With this single notification all the good work of abrogation of article 370 has gone neutralized as due to Article 370 itself land, jobs and domiciles were restricted earlier also. With the radicalization of Kashmir Division only hope is that all Indian citizens getting opportunity to settle in Kashmir there by creating all religions heterogeneous society in Kashmir also but this hope is again lost now as once again GoI has succumbed to Kashmir despite no agitation, no voice of dissent or any political party in a position to challenge on this issue. Better option would have been a five year clause with only 50 percent of all posts to be reserved for J&K domiciles. What about Rohingyas who already have voter ID cards, ration cards, how concerned tehsildars are going to reject their claims of J&K Domicile?
Things are still complicated as they were for decades, will Central Government be able to untangle the web of discrimination of Jammu or Kashmir? Half hearted policies of one step forward and two backwards have never helped since independence. We have failed to settle even one family of migrant KPs in Kashmir up till now and have no workable future plan on this. Completely radicalized Kashmir and not the political one is the main problem and unless GoI recognizes this and devise some strategy to change this on ground no long term solution is possible.
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