B L Saraf
More than five months on, the Legislative Assembly (LA for short) is without the component of five nominated members .In the house of 95 members absence of half a dozen members means a lot . In the first place it would affect the strength and quorum – required for making a legislation: secondly, it will defeat the very sense and principle which are the bedrock of such a reservation.
The budget session of the Jammu and Kashmir Legislative Assembly will shortly be underway to conduct the legislative business. Therefore, it is time to remind the powers that be of their constitutional obligation of nominating members from amongst the disempowered sections of the society; for which an appropriate law has been put on the statute book . Purpose of the law is, as Home Minister Amit Shah put it succinctly in ‘Statement of Objects and Aims’ while moving The Jammu and Kashmir Reorganization (Amendment) Bill ,2023 to give a Statutory recognition to what was recommended by the Delimitation Commission – that two seats in the Assembly should be filled up by nominating two persons from the Kashmiri Migrant community ( one being female } and one from the displaced persons of POJK . The Home Minster said that the nomination of these persons is meant “to preserve their political rights as well as social and economic development.” Apart from what the HM has said, this move will provide a voice to these sections in making legislations which may have a material bearing on their lives.
It is important to note here what the Delimitation Commission said while making these recommendations : ” During the public hearing , the commission received number of representations from the Kashmiri Migrants and the displaced persons from Pakistan occupied Jammu and Kashmir .The delegations of Kashmiri Migrants represented before the commission that they were persecuted and forced to live in exile as refugees in their own country for the last three decades .It was urged that in order to preserve their political rights ,seats may be reserved for them in the Jammu and Kashmir Assembly and Parliament ……” It is significant that a Constitutional body like this Commission did grant official recognition of what the KPs have been saying for the last 35 years – that they have been subjected to the persecution and need political and economic rehabilitation. It is equally true of the displaced persons of POJK.
The law about the nominations to the House from amongst the persons belonging to the displaced communities of Kashmiri Hindus and POJK has come at a great effort and after a persistent struggle. Therefore, it is incumbent on the authorities to respect it and don’t allow inaction to defeat the purpose. If the situation goes this way, one may ask : what is the purpose of the law if it is not rolled out in a desired manner and, by passiveness , remains a dead letter on the Statue BOOK ?
Generally, in the political realm permutations and combinations are always at work. Given the governance architecture and diverse political atmosphere that prevails presently in J&K, this formula is constantly in contemplation. But then we have a hope!
Since both the political combinations working in the UT are agreed that the deprived communities need political and economic empowerment it shouldn’t be difficult for them to act in unison , at least ,in this matter and grant the communities what has become due to them . Prime Minster Narendra Modi is working on a principle of SAB KAA SATH SAB KAA VIKAS / VISHVASS and the National Conference has a ruling creed of inclusivity and a firm belief in KASHMIRIAT. Circumstances have placed both of them in a position where they can , true to their belief , do justice to the disempowered and displaced communities and live up to the slogans .
The act of reserving seats for the displaced communities was, in fact, a recognition of a well meaning intent. It is for the Central and Local Governments to put the intent in practice. This will provide a big Confidence Building Measure (CBM). It will indeed be a travesty if the benefits accruing to the communities – as a consequence of the recommendations- are denied to them by the afflux of time. CM Omar Abdullah is reported to have told a KP delegation, which met him in Delhi, that his Government is committed to ensure safe and honourable return and rehabilitation of the displaced persons. Here is an opportunity for him to display an inclination of redeeming the pledge.
Referring to the upcoming Budget Session of the Assembly, it was an opportune time for the members of the displaced communities to project welfare schemes and programs for the communities and seek budgetary allocation for their implementation. Absence of community representatives from the scene is a clear ‘ case of lost opportunity.’ Let us hope that another ‘opportunity is not lost ‘for the communities when Assembly meets again in summer. In a legislative business, every moment is a momentous and, therefore, should not go un availed of .
The reservation of seats in the Assembly has a lesson for the displaced Pandits that a certain demand – a genuine one- can be addressed by the authorities provided , in the first place , it is delineated – considered achievable – and , secondly , projected in unison with a vigour . Squabbling and taking up self contradictory positions in public will carry them nowhere . While state authorities have a lot to do ,in this regard , the community may also have to think positively about its responsibility .
(The author is former Principal District & Sessions Judge)
Follow our WhatsApp channel
