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| Adv. Cleofato A.Coutinho |
As unrest in Jammu
and Kashmir shows signs of receding, the state has seen tremendous increase in
the domestic tourists footfalls. The foreign tourists are yet to look at
Kashmir as a holiday destination. Even when peace returns to the valley,
educated youngsters are seen throwing stones at the Indian army and its
vehicles parked in the precincts of the Jama Masjid. Why should educated young some of whom hold
Masters and Ph.D degrees throw stones at the Indian army particularly at a time
when there is a rainbow of peace around the skies of the state?
On one hand the
unrest over the long period and on the other hand the state law prohibiting sale of any land
to non Kashmiris, J&K lost out on investments. Due to this, big industrial
houses have not entered the state despite the enticing climate of this
paradise. Only the Jammu and Kashmir Bank branches are seen in Srinagar. Other
banks seem to shy away.
With the insurgency
now becoming the thing of the past unemployment issue has come to the fore. Not
that the employment situation is bright in other parts of the country, but at
any given time the number of registered unemployed youth in J&K is more than
double that of the national average. A huge chunk of educated youth is working
on daily wages. Thousands of young boys drop out from school to take up jobs as
pony riders at Pehalgam, Sonmarg, Gulmarg and other areas. Hundreds of
graduates work as tourists guides, drivers and other odd jobs in the tourism
sector. There is hardly any scope for
the educated without any major industry.
The state government
has on number of occasions come out with various schemes like Sher-e-Kashmir
Welfare employment Programme. The Central Government’s ‘Udaan’ Scheme to
provide skills and employment to youth and ‘Himayat’ Scheme providing training
to youngsters. Only a handful get benefits of such schemes. Only pumping of
more money into the state has done too little. The problem is that the
industrial houses are just not interested in investing in the state. During the
UPA-II Rahul Gandhi led a delegation of Ratan Tata, Kumar Mangalam Birla,
Deepak Parrek and Rajiv Bajaj. However nothing substantial has come out of that
political initiative.
The industrial houses
want land for industry and land for their staff on long term basis which is not
possible under the land laws of J&K. Having realized the seriousness of the
matter the J&K government under the
brief period of Governor’s rule proposed new industrial policy 2016-26
permitting to non Kashmiris to acquire land on lease for 90 years beyond the designated industrial
estates. Fear of loss of identity both as Kashmiri Muslims and in terms of
their land, the new industrial policy 2016-2026 is under severe attack in the
valley. Even the High Court Bar Association is unable to look at the broader
picture of employment and the PDP led
government is all set to review the scheme.
There is a
misconception that the prohibition of sale of land to non Kashmiris come from
the special status in the constitution. J&K came into Indian Union
under peculiar circumstances and article 370 dealt with the federal scheme
only. Law on prohibition on sale of land is not under that special status
scheme. The prohibition dates back to 16th March 1846 A.D. when the
‘treaty of Amritsar’ was signed between the British government and Maharaja
Gulab Singh of the Dogra dynasty who became the Maharaja of the J&K state
by the said treaty. Maharaja Hari Singh
who ordered the signing the agreement of accession facilitating the J&K
becoming part of India was the last Dogra ruler. Even in parliament in 1963 when the issue of
sale of land to non Kashmiris came up Nehru said “that is an old rule coming
on, not a new thing and I think it is very good rule which should continue,
because Kashmir is such a delectable place that moneyed people will buy up all
the land there to the misfortune of the people who live there; that is the real
reason and that reason has been applied ever since British times and for one
hundred years or more”.
Through a number of presidential orders issued
by the central government, in connivance with puppet rulers of J&K,
the promised autonomy under Art. 370 has
been diluted. It is a myth that J&K enjoys special status as envisaged in
the year 1950. It is that dilution of autonomy that the Kashmiri population
finds itself vulnerable and insecure in respect of its identity so close to
their heart. But the special status permitted J&K to retain the 1846 Dogra
law and that is one law which the central government has not tinkered with.
Should 1846 law
continue in the 21st century with the same rigidity, at the cost of
growth of youngsters and development in the state? At the heart of the matter
is the dilution of the Kashmiri Muslim identity and of course the dilution of
the valley raven landscape of Kashmir. The Kashmiri sentiment is against any
perception of diluting of that identity and even when it comes to land for
industry. That sentiment is fuelled by existing industry. The result is, the
young find nothing better to do then throw stones.
The manufacturing
sector spurs better growth and provides employment. The over
exploitation of the tourism sector without development and infrastructure cannot be the substitute. Some compromises
for small and medium enterprises in the 1846 Dogra law is needed in the
interest of the young. If J&K has to grow it has to be seen as an
investment destination. J&K must
find that fine balance between land for industry and its landscape without any
compromise on the special status under Art. 370.
(The writer is an advocate, senior faculty in
law and political analyst)
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