Avtar Bhat
JAMMU, Feb 26: While the Select Committee report on much talked about Kashmiri Hindu Shrines and Religious Places Bill was tabled in the State Assembly today, the Government gave an indication that there will be no further delay in its passage and the Bill will be passed in the current session of the Legislature.
The report was tabled in the Assembly by Minister of Law and Parliamentary Affairs, Mir Saifullah who is also the chairman of the Select Committee of the House.
He said the Bill is to provide better management, protection, administration and governance of Kashmiri Hindu Shrines and Religious Places in the State and for matters concerned there with.
The Bill was earlier referred to Select Committee for its report last year by the House.
The Minister said the Committee discussed the Bill clause by clause in a series of meetings but could not evolve any consensus on some important issues and decided that proposed legislation in its original form along with notes and opinions of its members of the Committee be tabled on the floor of the House enabling it to decide its fate.
Later talking to reporters, Mir Saifullah said that within three to four days the Bill will be passed by the Assembly. He said there were nine members in the Select Committee who have no unanimity on the Bill as some of them suggested that some trusts which are presently functioning in the Valley be kept away from the purview of the Bill. As no unanimous opinion was evolved it was decided to table the Bill along with opinion and suggestion of members on the floor of the House so that the House can take a decision. He, however, announced that the Bill will be passed in the ongoing session.
It may be recalled that the Bill was introduced in the Legislative Assembly on March 9, 2009 and was later taken up for consideration and passage on April 5, 2013. At that time four members of the House including Javed Ahmed Dar, Aijaz Ahmed Jan, Peer Afaq Ahmad and Ashok Kumar moved a motion that the Bill be referred to Select Committee and the same was adopted by the House.
The Committee had seven sittings since then and it also sought extension of time on October 9 for presentation of its report in the House. The Committee held sittings on June 26, July 10 and September 9 & 25 last year and January 16 and February 7 this year.
While the two members of Select Committee M Y Tarigami and Hakim Mohammed Yasin suggested that the Bill be passed in its present form, Harshdev Singh, Prof Chaman Lal Gupta and Ashwani Sharma suggested that the some trusts and Sabhas which remained functional during the turmoil period and managed the shrines being looked after by them be excluded from the Bill. Abdul Rehman Veeri, while supporting the Bill also suggested that the Martan Shrine be not included in it.
NC’s Sheikh Mustafa Kamal said that some religious bodies that were in control of some of Hindu Shrines of Kashmir would have an autonomous character within the overall framework of the proposed Governing Board, albeit made accountable for their financial and other matters including “ Chadawa’’ ( offerings) and they should abide by the decisions of the Board. The Board in turn should safeguard their autonomous character, he added.
Prof Gupta in his suggestion, welcomed the Bill which aimed at protection of Kashmiri Hindu Shrines and Religious Places which have remained unattended or are in ruins or are encroached upon due to mass migration of Kashmiri Hindus after outburst of militancy in 1989-90.
He said the Bill covers all other ashrams and trusts and Sabhas Valley which functioned normally during this period and were properly managed before and after militancy. Such trusts and Sabhas included Dharmarth Trust, Sanatan Dharam Pratap Sabha, Prohit Sabha Mattan, Chinder Chinar Trust, Nard Muni Trust, Dashnami Akhara Trust, Abhi Gujar Trust, Narayan Muth Srinagar, Hanuman Mandir Trust and Ram Jiwan Dass Trust etc. He suggested that the Religious Places being looked after by them be excluded from the Bill.
Harshdev Singh while maintaining that the Bill has been conceptualized with a noble objective of protecting and preserving the Religious Places of Kashmiri Hindus which have remained unattended or are in ruins or have been encroached upon due to mass migration of Kashmiri Hindus after outbreak of militancy, but it covers all the Hindu religious places of Kashmir valley even if they have functioned normally.
He said the Bill should cover only those temples and shrines which are neglected or abandoned or encroached upon. Harshdev in his suggestion said that certain scholars and intellectuals have suggested that the word Hindus is an inclusive expression and should not be broken into Kashmiri Hindus and Dogra Hindus through a legislation.
The management Board envisaged for protection of endangered Hindu Shrines should consist of only Hindus, but not necessarily only Kashmiri Hindus, he added.
M Y Tarigami and Hakim Mohamed Yasin while supporting the passage of the Bill in its present form said that the apprehensions of some members of Hindu community at this stage seem premature as the final identification of such shrines over which the Bill is applicable is yet to be arrived at.
In their suggestion as the Select Committee members they said that the Bill in present form seems to have been drafted in tandem with the spirit of Freedom to Manage Religious Affairs as envisaged in the Article 25 of J&K Constitution read with Article 26 of Indian Constitution.
They said it is a universally admitted fact that any law passed at any point of time is always subject to amendments for its improvement and public interest.
They suggested that the Bill be passed in its present form because any future delay is likely to add to already prevailing uncertainty.
Ashwani Sharma said the Trusts Mandirs or Muths managed by the Mahants and registered trust bodies who are permanent domicile of the State should be excluded from the purview of the proposed Bill as it is in violation of the Constitution of J&K /PRC rules and also restricts the permanent domicile of the one region (Jammu region) to procure land etc for religious purposes or head the religious institutions to another region.
As per its salient features, the Kashmir Hindu Shrines and Religious Places Bill seeks to provide for better management, protection, administration and governance of Kashmiri Hindu Shrines and Religious Places and their endowments including the lands and buildings attached or appurtenant there to in Kashmir province except districts of Leh and Kargil in Ladakh region as the Hindu shrines in Valley remained unattended due to disturbed conditions in Kashmir valley in 1990 as the majority of Kashmiri Hindus left the Valley.
Since then the shrines have been encroached and mot of them are in deteriorated condition for which many associations and bodies of the community have shown concern.
In order to protect the shrines the Bill provides for survey of Kashmiri Hindu Shrines in Valley, publication of their properties in the Government gazette, constitution and composition of Governing Board, defines powers and duties of the Board, constitution of Managing Committee in every district and assigning powers and functions to them. With the enactment of the law the ancient shrines, religious and historical places will be protected.
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