Greater Kashmir: Srinagar: Sunday, July 15, 2018.
Article 14-18
of the Indian constitution discusses the Right to Equality which is an
important fundamental right assured to the people of India. The Constitution
says that the government shall not deny to any person in India equality before
the law or the equal protection of the laws. It means that the laws apply in
the same manner to all, regardless of a person's status or stature. Under
constitutional reasons central laws are not directly applicable to Jammu &
Kashmir state unless ratified by J&K state legislature. Article 370 of
Indian Constitution was incorporated in this direction which upholds this
constitutional guarantee. As we know article 370 has been eroded a lot .
Whenever there was a need to extend draconian and anti-people laws in J&K,
article 370 was never a hindrance for New Delhi, state legislature in J&K
was forced to adopt these laws. Dozens of central laws, most of them being
draconian in nature like Armed Forces Special Powers Act (AFSPA) , Disturbed
Areas Act (DAA), Prevention of Terrorism
Act (POTA), Terrorist & Disruptive Activities (Prevention) Act (TADA),
Manoeuvres Field Firing & Artillery
Practice Act (MFFAP) were extended to Jammu & Kashmir. Very recently Goods
and Services Tax Act 2017 (GST) was enforced on us. When it came to extending
the pro people legislations, neither the state Government nor the central
Government played any proactive role. Let me quote few examples : Right to
Information Act (RTI Act 2005) was
enacted by Parliament in 2005 to ensure transparency and accountability in
governance, but this law was not extended to J&K. It was only after 4 years
our state enacted a similar legislation
J&K RTI Act 2009. Right to
Fair Compensation & Transparency in Land Acquisition, Rehabilitation and
Resettlement Act (RFCTLARR Act 2013) was enacted by Congress lead UPA
Government in 2013, this law was also
not extended to J&K. I am not arguing that why central laws are not applied
to J&K ? I am not in its favour, but my argument is why are draconian central
laws enforced on people of J&K while as when it comes to giving us some
relief through pro people & pro poor laws, article 370 becomes an
impediment for State & Central Government ?
Obsolete
land acquisition law
Successive
Governments in J&K keep amending and strengthening those laws which are
anti-people. J&K Public Safety Act (PSA) was enacted in the year 1978 to
curb timber smuggling, but with the passage of time this law was used to target
political opponents in late 70s and early 80’s. From 1990 onwards this law has
been misused by the authorities. Dozens of young boys below the age of 16 have
been detained under this law. On the other hand when it comes to officially
grab people's land and property for meager compensation 83 year old J&K
Land Acquisition Act is invoked ? The said law was enacted by Maharaja Hari
Singh in the year 1935, but our successive elected Governments never deemed it
fit to repeal this colonial law. When similar obsolete law was repealed by Government
of India in 2013 after enactment of RFCTLARR Act 2013, our rulers were never ever bothered to repeal
their law . Right from 2013 onwards I have been writing on this issue. Through
my one dozen columns on land acquisition issue only, I have appealed Omar
Abdullah Government, late Mufti Mohammad Syed, Mehbooba Mufti and several other
Ministers to repeal this archaic law, but all in vain. Now I am requesting
Governor Mr N N Vohra to look into this matter.
As mentioned
in my previous write-ups, National Highway Authority of India (NHAI) is
acquiring thousands of acres of land in Kashmir and Jammu region for proposed
Semi Ring Road projects. They are not ready to pay us compensation what they
pay in other states. The reason is we do not have a new land acquisition law in
operation nor has RFCTLARR Act 2013 been extended to J&K. Our limited
agriculture land is being forcibly occupied, apple orchards axed and our homes
demolished against scanty compensation. The officers of J&K Government are
the collaborators in this unholy practice and they are acting more loyal than
the king. Not only officers from Revenue department, but the officials of
Horticulture department are also on the forefront of snatching livelihood of
our farmers. They are following 25 year old rate list wherein estimates for
fruit trees are prepared @ Rs 16 / Kg for apple , Rs 13 /Kg for plum and Rs
102/ Kg for walnut. Is there a place in world where apple are sold for Rs 16
(sixteen) per Kg ? Department of Horticulture has not changed this rate list
till date. The ultimate victims are our poor orchardists whose fully grown
apple and other fruit trees coming under Ring Road alignment will be axed
within a short span of time by NHAI and construction company M/S Ramky
Infrastructure which has been allotted the Ring Road contract in Kashmir.
Appeal to
Governor
I want to ask
Shri N N Vohra the Governor of J&K.
If J&K state has not enacted a new land acquisition Act or the
central land acquisition act (RFCTLARR Act 2013) has not been extended to
J&K , is this the fault of poor farmers or state Government ? Sir our
average land holding in J&K particularly in Kashmir valley is less than 3
kanals / family while as the national average is around 25 to 30 kanals (1.5
hectares). It was advisable to compensate our farmers 5 to 6 times more than
the market value of land as we are a land deficit state, but instead of doing
so Government is forcing us to give land to NHAI against stamp rate plus 15 %
Jabirana (Solatium). Sir you are well aware that stamp rate of land is much
less than market value. How can authorities force the affected farmers to give
their limited land to NHAI which pays 4 to 5 times more rates in other states ?
Estimates made for our fruit trees is 5 to 10 times less in many areas. NHAI is
not ready for private negotiations which is a provision under our land
acquisition rules. Nobody is listening to poor farmers. If constitution says
that the government shall not deny to any person equality before the law or the
equal protection of the laws, why is not this constitutional provision being applied in letter and spirit in Jammu &
Kashmir ?
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