Dr Ganesh Malhotra
The State autonomy occupies a very pivotal position in a federal setup. The federal system means that there is a distribution of governmental powers between the Federal Government and the States Governments. The State of Jammu and Kashmir has a status within the Indian Constitution. The State of Jammu and Kashmir possesses more state autonomy as compared to other States of Indian Union. Since the beginning of its relationship with the Indian Union, there has been a persistent demand for more autonomy by the State of Jammu and Kashmir. It has been argued time and again that the State of Jammu and Kashmir has a unique identity owing to its composite culture and a distinct political and constitutional history so it should be given more autonomy. The promoters of this idea have always projected it more as Centre-State relations issue and decentralisation of powers as in other States also. But it needs to be analysed that what Autonomy means in J&K. In 1996 State Autonomy committee was constituted by State Govt which submitted its report in 1999. The major recommendations of this report were:
* The Committee recommended that J&K’s accession with Indian Union be reverted to only three subjects, viz., Defence, External affairs and Communication. In all other matters, the State will remain independent.
* The nomenclature of the ‘governor’ and ‘Chief Minister’ changed to ‘Sadar-i-Riyasat’ and ‘Prime Minister’, respectively.
* The said Sadar-i-Riyasat shall be elected by the State Assembly, making him responsible not to the President of India but to the State Assembly.
* Another recommendation provided for the repeal of jurisdiction of the Supreme Court, Election Commission of India, and Comptroller and Auditor General of India.
* The Committee had also recommended the deletion of Articles 12 to 35 relating to Fundamental Rights.
* The report had provided for the withdrawal of Central Services such as the Indian Administrative Service (IAS) and the Indian Police Service (IPS).
* It provided that Articles 356 and 357 be made non-applicable to the State of J&K.
These recommendations were totally different from the Autonomy demands of other States of India. These recommendations are more like creating more problems in integration of J&K with India and give encouragement to separatist voices.
Another Regional Autonomy Committee was also constituted by then State Govt to decide on regional autonomy but it recommended division of whole J&K into 8 divisions creating more problems in J&K and indirectly implementing the Dixon plan.
It is argued by the supporters of the Autonomy that autonomy will lead to empowerment of people and will lead to decentralisation of powers. But actually the Autonomy which J&K is already enjoying has been used for depriving the people from many benefits which people are enjoying in other parts of country.
Under Autonomy J&K has been given power to decide the rights of Permanent Residents in J&K but these laws have led to deprivation of basic fundamental rights to women residents of J&K. Under Section 6 as well as Sections 8 and 9 of J&K Constitution, the State Legislature the right to define Permanent Residents.
Up to 2002, the Revenue Department was issuing Permanent Resident Certificates (PRCs) to the female residents of Jammu and Kashmir with the endorsement as “Valid Till Marriage”.
In view of the majority opinion, the Full Bench of J&K High Court in a case titled Jammu and Kashmir Versus Dr Sushila Sawhney and Others held that a daughter of a permanent resident marrying a non-permanent resident will not lose the status of permanent resident of State of Jammu and Kashmir.
Despite clear Judgement of Hon’ble High Court and law position a Committee has been constituted to deliberate on matters which are already settled. Central Govt cannot intervene.
When women belonging to the state of Jammu-Kashmir marry outsiders, they cannot settle in the state even if the circumstances so demand.
A man from another state marrying J&K a woman cannot get PRC, hence none of the associated benefits. Which means he cannot buy land, cannot apply for a government job, his children cannot study in state-run professional colleges and institutes.
This means if a woman marries outside the state, she is virtually forced to leave the state and settle elsewhere. Earlier, such women used to completely lose the “permanent resident status”. But still her off springs and spouse don’t get PRC which is not there in case of male.
The right to education was made a fundamental right by Article 21-A and consequently Right to Education Act was passed by Parliament of India in 2010. But due to Article 370 this Act is not applicable in J&K. Under this act there are many provisions to improve the standards of education but such is not applicable in J&K. J&K hasn’t enacted its own Act also.
Whole of India is enjoying the benefits of 73rd Amendment Act which gave constitutional status to panchayats and broughts the democracy to grassroots level. Under this act panchayats have been given power to implement all the schemes of rural development and has led the empowerment of people in real terms. But this act is not applicable in J&K due to Autonomy of J&K. J&K has its own Panchayats Act which is totally different from 73rd amendment act. Under J&K act panchayats have been left at mercy of executives for their powers as well financial resources. Moreover elections are not regular and are conducted normally at the gap of 20 years.
National Commission for SC, National Commission for ST and National Commission for Backward Classes review the social, economic and employment status of these sections as well review the working of various schemes launched for their welfare. But the jurisdiction of these Commissions does not extend to J&K. So there is no monitoring of implementation of such schemes in J&K.
The political reservation available to Scheduled Tribes is available all over the country. But this reservation is not applicable in J&K.
RTI act was enacted in Centre in 2005 but in J&K it got at par with central act in 2009 only. Similarly there are many acts and schemes which are applicable in other parts of country are not applicable in J&K. It has deprived people of J&K of such benefits.
Power of CBI is derived from The Delhi Special Police Establishment Act of 1946 and thus J&K is outside the purview of CBI. Prevention of Corruption Act of 1988 act was passed to fight against corruption in government agencies and public sector businesses in India. Due to non applicability of these laws J&K tops among corrupt States of Country. J&K haven’t witnessed any conviction of any Politician or top executive in corruption cases like other States. J&K being only 1% of total population of Country receives 10% of annual spending of Govt of India. Where that money has gone? Still J&K is looking for development. No accountability of decision makers due to non applicability of such laws.
The Religious Institution Act of 1988 prohibits religious institutions from allowing their premises for the promotion of political activity. But this law is not applicable in J&K.
J&K has enjoyed much more autonomy than any other state of India. Autonomy means empowerment of people and taking the democracy to the grassroots level. Has this concept of empowerment used by means of this available autonomy? There is need to have dialogue and deliberations to understand the spirit for which Autonomy has been used over all these years. Has it led to empowerment or deprivation? Can Indian State allow such Autonomy or such retrograde laws continue to persecute Indian citizens within the territory of India?
(The author is a J&K based Strategic and Political analyst)
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