Ranbir Singh Pathania
Delimitation Commission has come out with a proposal as to which of the districts it intends to give an additional seat. Comments have been sought from its associate members. National Conference which has three members in the delimitation panel has put in its objections while harping more on political narratives and stale arguments and less on legality. Other political parties have also trained all their guns to wage an all-out battle. ‘Gerrymandering’ “Favoring BJP’ “Unconstitutional’ ‘Pitted against one region/religion’ are the usually hurled invectives. The maxim goes that politicians can wage a war over a potato in an attempt to create issue out of thin air.
Whereas, fact remains that Commission is yet to come out with its formal recommendations as to what shall be the new seats – contours as well as composition. Once draft recommendations are out in the open, only then political parties and pressure groups will have an opportunity to put in their viewpoints. Surprisingly, a Jammu-faker politician who has remained in power for almost two decades, these days, has been burning his midnight oil to amuse the media/social media in J&K as well as National Capital with less baked truths and ‘fudged’ facts. But people remember him as the one who had stood silent during the passage of seat freeze law on the floor of J&K Assembly in 2001 in lieu of an ‘award’ which he still flaunts. Opportunism is for self-interest. But this, it shall be suicidal.
What the Commission is up to and what is the final consensus and the crux, shall be out of the closet very soon? Ten commandments it needs to trot the tightrope on:
* First delimitation/seat allocation in J&K in 1952 was without any population census. Jammu was given 30 seats against 43 to Kashmir. This skewed the pans highly in favour of Kashmir.
* As per 2011 census, population of Jammu division is 53, 78, 538 and total area is spread over 26,293 sq km. While population of Kashmir division is 68,88,475, and area is 15, 948 sq km. Therefore, in Kashmir region an MLA is elected per 349 square kilometer while in Jammu region an MLA represents the area of 710 square kilometer. The average constituency size in Jammu is 212 square kilometers as compared to 37 square kilometers for Srinagar district. This is roughly six times larger than an average constituency of Srinagar (212/37=5.72).More so, this discrimination percolates even to the Lok Sabha and Panchayat level. If we compare Srinagar and Udhampur parliamentary constituencies. Udhampur has an area of about 20,000 square kilometers and 1490244 voters whereas Srinagar has an area about 5000 square kilometers and 1205233 voters.
* Let us read in verbatim what Section- 9 of Delimitation Act, 2002 says, “The Commission shall, in the manner herein provided, distribute seats assigned to the Legislative Assembly of each State and delimit them on the basis of the census figures …”
“ …All constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience..”
* So far as population as per last census is concerned, there are certain lead points to be kept in mind. We need to take an alarming note of the variations in the census figures of 1981, 1991, 2001 and 2011. Although due to ethnic cleansing by terrorists there was a mass migration of Kashmiri Pandits from Kashmir but even then the population of Kashmir province has displayed a surprising and inexplicable upswing.
* The live birth rates have unjustifiably increased in Kashmir division. The Adhaar enrolment percentage in J&K also needs to be taken note of. In most of the states Adhaar enrolment is 92-98%. Some states have recorded 100% enrolment. But in J&K Adhaar enrolment is only 79% which again needs to be taken with a word of caution.
* Once we consider ‘nature of terrain’ and ‘geographical compactness’ and ‘the like considerations.’ Jammu has road connectivity of about 5000 kilometers which comes out to be 0.17 km per square kilometers of roads. And Kashmir has a road length of about 8000 kilometers which comes out to be 0.50 %. When we talk of infrastructural parameters, schools, hospitals, anganwadis, medical facilities, etc. Hereinover too, Jammu lags far behind as compared to Kashmir. The basic principle remains that we cannot do equality among unequals. Doing equality among unequals is itself violation of ‘right to inequality’.
* Gorkhas, Valmikis, West Pak Refugees, and females married outside J&K will also be voting this time.
* Nine seats shall be reserved for STs for the first time in J&K. And another seven for SCs shall be rotated.
* Various Commissions, like Wazir Commission, Gajendrakar Commission and Finance Commission, are on record to observe that Jammu has been discriminated in matters of constituting administrative units, financial allocations and other spheres.
* Persons who have been displaced from POJK and are now living in J & K and internally displaced persons have been longing for justice since decades.
I have a humble and sincere suggestion to all the political parties. Although the Commission is yet to say its last word, but we should sit together and try to facilitate the political process. The sense to distract and disrupt is tempting and this time the people of J&K shall not pardon such behavior. J&K has been seeing slogans, hoaxes, hallucinations since 1947.
We need to be more open, consultative and outward looking. Let specters of past do not haunt and obsess us, any more. As change is the law on nature. It is as natural as life. Let us sit and sort out.
Post 5th August scenario has seen people of J & K inching closer to rest of the country. There should not be any room for a gulf or misunderstanding between Jammu and Kashmir.
We are without elected govt. since the past more than three years. J&K needs a responsive government and people friendly governance.
Let us conclude with a parting note that let this be a final milestone in the journey for securing political justice for hitherto neglected regions/communities/ethnic groups of J&K.
“And let justice be done, though the world perishes.”
(The columnist practices law in the J&K High Court and was member of 11th J&K Legislative Assembly.)
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