Tag: DDC

BJP Leader Who Opposed Government Land Transfer Was Himself an Illegal Occupant

The RTI application found Kavinder Gupta’s name, along with two others, on a revenue department document that put the land under his occupation from 2010 until 2017.

New Delhi: Kavinder Gupta, the senior BJP leader and former Jammu and Kashmir deputy chief minister, has been found to have been the illegal occupant of government-owned land in the state from 2010 to 2017, the Indian Express reported.

Ironically, Gupta had been a vocal opponent of the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001 (also known as the Roshni Act) which proposed transferring the ownership of state land to its illegal inhabitants by charging them market rates – the same land which Gupta has now been found to have occupied. 

The Indian Express report noted that the information was obtained through an RTI application filed by advocate Sheikh Shakeel. Answering the enquiry, the Bhalwal tehsildar provided that Gupta, along with Subash Sharma, an independent councillor representing Indira Colony, Janipur in the Jammu Municipal Corporation and Shiv Rattan Gupta, a resident of Indira Colony, jointly occupied the land in question. 

The plot – Kharsa No. 1789 – measured up to 23 kanaal, 9 marla and is in the Ghaink village in the Bhalwal tehsil of Jammu (8 kanaal = one acre, one marla = 270 sq ft). The plot, now restored to the government, is a hill with wild growth and no cultivation or construction.

The Kharsa number is a plot number given to a piece of land by the revenue department. 

Also read: J&K: 23 BJP Leaders, Workers Killed Since Union Govt’s Article 370 Move

In 2010, a kharsa girdawari (a document from the revenue department which specifies land and crop deals) had been entered in the names of the three individuals. However, this document was cancelled by the Bhalwal tehsildar on February 9, 2017 in accordance with a Jammu and Kashmir high court order which directed the government to void all girdwaris of state land to private individuals. 

Kavinder Gupta was, at the time, the mayor of the Jammu Municipal Corporation under the National Conference-Congress coalition government.

Speaking to the Indian Express, Gupta and Sharma both denied having any knowledge of the girdwari or occupying the land. 

Bhalwal tehsildar Amit Upadhyay and Ghaink patwari Mohammad Aslam told the newspaper that they did not know how the girdwaris were entered in the names of the three concerned individuals. Upadhyay, however, stated that girdwaris covering state land cannot be entered in an individual’s name unless they are present, in person, to show that the land is occupied by them.

Vehement opposition

The Roshni Act was brought into force by the Farooq Abdullah-led National conference government in 2001 and the funds raised from the divestment of state land to private individuals – estimated to be a sum of Rs. 25,000 crore – was to be used to set up hydel power plants in the state. 

However, in 2014, alleging irregularities in the scheme’s implementation, the Vigilance Organisation moved against 20 government officials for misusing their power to make transfers to private individuals. In 2018, then-Jammu and Kashmir governor Satya Pal Malik cancelled all pending applications for land transfers under the Act. 

Finally, in October 2020, the Jammu and Kashmir high court nullified the legislation ab initio (from its inception) and ordered a Central Bureau of Investigation (CBI) probe into the matter.

Ironically, in the run-up to the District Development Council (DDC) elections held in November 2020, Kavinder Gupta described the Roshni Act as “land jihad” and described government action taken against the legislation as a “surgical strike” against the corrupt officials who made land transfers for their own benefit.

Two Years Without Article 370 Has Done Little to Benefit the People of J&K

In 2019, the Union government promised to provide Jammu and Kashmir with rights the erstwhile state had earlier been deprived of. But without a democratically-elected local government, the people feel disempowered.

Two years ago, on August 5, 2019, the Union government moved a resolution in parliament to read down Article 370 of the constitution of India, which gave the state of Jammu & Kashmir a special status. The government also moved a Bill that divided the state into two Union Territories (UTs), one named Jammu and Kashmir and the other named Ladakh.

Two days after the resolution was approved by parliament and the Bill was passed, Prime Minister Narendra Modi addressed the nation in a television broadcast on August 8, 2019, stating why the Union government had chosen to remove J&K’s special status.

“We have removed the provisions in Article 370 which acted as an impediment to J&K and Ladakh’s development,” Modi said in his address. “The people of Jammu and Kashmir and Ladakh were deprived of their rights. With the abrogation of Article 370, the dreams of Sardar Vallabhbhai Patel, B.R. Ambedkar and Syama Prasad Mookerjee have been fulfilled. A new era in Jammu and Kashmir has now started.”

Narendra Modi in August 2019. Photo: pmindia.gov.in

In the two years since that speech however, only one thing has changed in the UT of J&K: the grievances of the people, especially those from the economically weaker sections of society, have increased. This is because a certain paradox came into play on August 5, 2019. Since the UT is ruled directly by the Union government rather than an elected state government, the people who are able to take their grievances to the Prime Minister’s Office (PMO), the Union ministries or even the office of J&K’s Lieutenant Governor (LG) get quick responses. But those who need the help of local bureaucrats and police officers get nothing but silence and corruption. According to people at the grassroots level, they do not get justice from tehsil, block and district offices, the corruption in police stations, tehsildar offices and municipalities has not reduced and the schemes instituted by the Union government, especially the national flagship schemes, are not implemented in a transparent manner.

The J&K model?

A survey titled ‘Politics and Society between Elections‘ conducted by the Azim Premji University and the Lokniti Programme for Comparative Democracy during the 2019 Lok Sabha elections revealed that citizens would rather approach their local sarpanch (panchayat head) or councillor to have their grievances addressed than their local member of legislative assembly (MLA) or member of parliament (MP).

Also, even if the PMO, the Union ministries and the civil secretariat offices in states and UTs are responsive to citizens, unless the local district or block officer is equally responsive, it cannot be said that the system of governance in practice is effective. But unfortunately, since Article 370 was read down, contact between the district, tehsil and block level officers of J&K and the people of the UT has been minimal.

District magistrates, for example, are supposed to build a rapport with the people they serve. But since 2019 they have been glued so tightly to their cosy office chairs that LG Manoj Sinha was forced to issue a circular a few days ago, asking every DM to visit at least two remote areas in her or his district every Saturday and Wednesday.

Some DMs, when criticised on social media platforms, block the citizens who made the criticism. This has happened to me as well as to others. In one extreme case, when a 2014 batch Indian Administrative Service officer posted as DM of Ganderbal felt insulted by criticism, she even had a social activist arrested and sent to police custody for six days.

This incident took place in mid-June 2021, when 50-year-old Sajad Rashid addressed Baseer Khan, the LG’s advisor, during a public outreach programme in Manasbal, Ganderbal, and said: “I have expectations from you because you are a Kashmiri and can understand our problems. I can catch hold of your collar and seek answers from you but what expectations can I have from the officers who are non-locals?”

Rashid’s remark infuriated the DM who had accompanied Baseer Khan to the outreach programme. That evening, she had Rashid arrested, filing charges against him under section 153 of the Indian Penal Code (IPC) which relates to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language and doing acts prejudicial to the maintenance of harmony.

Even though Rashid got bail from a local court the next day, he was kept in preventive detention under section 151 of the IPC for another few days. Had this incident taken place in some other state, the DM would have been transferred elsewhere. But the DM concerned remains in Ganderbal, leaving locals wondering if this is the governance model the Modi government has chosen for J&K.

When J&K was a state with an elected government, political leaders and MLAs acted as bridges between the people and the bureaucracy. But now this bridge has collapsed, leading to chaos, confusion and constant fear. Corrupt police officials and bureaucrats commit vandalism and the people don’t dare to file a complaint. The policy of transferring officers from one place to another to prevent corruption seems to function without reason. While some corrupt officers remain with certain municipal institutions or government offices for six or seven years at a time, other officers are transferred two to three times a year for no apparent cause.

Also Read: Article 370 and The Paradox of Kashmir’s Accession

Elected to remain in hotels

On paper, J&K does have some elected local officers. For example, each district has 14 elected district development council (DDC) members whose job is to function as a bridge between the people from the remote areas of their districts and the district administration. But the DDC members are made to stay in hotels close to the district headquarters and are not allowed to venture out despite their protests. Some vice chairpersons and chairpersons of some district councils allege that they don’t even have proper offices and staff. According to the government, the restrictions on the movements of the DDC members are due to security issues. But if these people are the targets of terrorists, why does the government not provide them with adequate security?

The situation with the DDC members is so bad that even Altaf Bukhari, leader of the Apni Party which is considered to be very close to the Bharatiya Janata Party (BJP)-led Union government, has threatened to have the DDC members elected from his party resign from their posts unless the Modi government remembers its promise to empower local bodies.

Alleging that the DDC members are being hindered by the UT’s administration, Bukhari said on August 2, 2021, that his council members are not allowed to function and that their movements are restricted by the local administration. He also alleged that the district administration officers are non-responsive towards the DDC members, with the result that the people of the constituencies that these DDC members represent must still deal with the district authorities on their own.

Meanwhile, the level of corruption in government offices, police stations and municipalities remains as high as it ever was. The J&K Public Service Guarantee Act was retained by the administration even after Article 370 was read down but it is not respected by government officials. And the Jammu & Kashmir Bank, a digital financial institution, does not provide information under the Right to Information Act (RTI), 2005, by invoking the exemption clause under section 8 of the Act and having deliberately not included an online RTI facility for its users.

DDC members protest in Jammu. Photo: Twitter/@GAMIR_INC

PMO closer than BDO

In fact, the RTI Act seems less respected among the district officers of J&K than it is at the Centre. I am witness to the fact that it is easier to access information under the RTI Act from the PMO, the MHA, the Union rural development ministry and the Ministry of Jal Shakti than it is to get it from the office of a DM, head of department or even a tehsil or block level officer in Jammu & Kashmir. But this relatively easy access to information from the Union government does not help the ordinary citizen of J&K whose grievances relate to local matters.

The grievances of ordinary citizens can be addressed only when the local tehsildar, block development officer and police station house officer are accessible and receptive to them. But does New Delhi know that this isn’t happening at all in J&K?

Mushtaq Ahmad, a 31-year-old resident of Bonen village in Budgam district, often accesses information under the RTI Act about the implementation of various developmental schemes and national flagship programmes in J&K. A few months ago, he sought a copy of the detailed project report (DPR) of a nine km-long road project from Bonyar to Goggee Pathri via Kutabal in Budgam’s Surasyar block, constructed under the Pradhan Mantri Grameen Sadak Yojna (PMGSY). Mushtaq alleges that the work was not done according to the specifications mentioned in the DPR and that the road was damaged within six months of its construction.

Mushtaq sought his copy of the DPR directly from the PMO because the Budgam office of the PMGSY had failed to provide the same information to some locals in the past.

I had also sought the same information about the same road project last year, but when my RTI application arrived at the PMGSY Budgam office from the PMO, I was asked to pay Rs 15,000 to get a copy of the DPR.

According to the provisions of the RTI Act, 2005, the Public Information Officer cannot charge photocopying fees if the information is provided more than 30 days after the RTI application. More than three months had passed after my application when the executive engineer of the PMGSY Budgam demanded fees of Rs 15,000 from me. When I escalated the matter to more senior officials, nothing was done. What makes matters worse is that the information I was seeking should actually have been available on the PMGSY’s official website in J&K or on Budgam district’s official website, www.budgam.nic.in. But it was not. Incidentally, the PMGSY in J&K has no official website.

Voluntary disclosure of information (emphasis mine) is actually mandatory under section 4 (1) (b) of the RTI Act 2005, but government offices rarely upload useful information on their official websites. I tried my best to seek district plans and DPRs of road projects, water supply schemes and health and education schemes on the official district websites of Budgam and some other districts, but nothing was available.

In contrast to this lack of local information, the beneficiary list under the National Food Security Act (NFSA) is available on the national portal. This proactive disclosure helped to streamline the public distribution system and stop government ration storekeepers from cheating their poor customers. However, the upload of the beneficiary list happened only after volunteers launched a digital literacy campaign among poor consumers two years ago that showed them exactly what they were entitled to. The corruption nexus was broken with the cooperation of the secretary of the Department of Food, Civil Supplies and Consumer Affairs in the J&K administration, but the officials involved in the scam are yet to be taken to task.

Other than the NFSA, most government departments continue to execute works with total secrecy. Financial details such as work expenditure, budget allocation and utilisation certificates are rarely uploaded on government websites. Aggrieved people can seek this kind of information via the RTI Act, but the institution of RTI has been weakened in J&K since 2019 when the erstwhile J&K State Information Commission was shut down.

To file a complaint or an appeal under the RTI Act, 2005, in the Central Information Commission is a herculean task. In the first place, these appeals are listed only after a year or so. Under the J&K RTI Act 2009 (which was repealed in 2019), it was mandatory for the J&K State Information Commission to dispose of RTI appeals within 60 to 120 days. Institutions such as the J&K State Women’s Commission, J&K State Accountability Commission, J&K State Consumer Protection Commission and J&K State Human Rights Commission were also closed in 2019. Nobody knows what has happened to the cases that had been pending for disposal in these commissions.

Representative image of RTI. Illustration: The Wire

Stuck in Budgam 

Mushtaq filed his application for the DPR of the road project on June 9, 2021, under the RTI Act, 2005, through the online portal www.rtionline.gov.in. In addition to the DPR, he sought a list of the beneficiaries under the PM Awas Yojna from a few villages around his block, Surasyar. The online portal is unfortunately only meant for Union government offices. In spite of being directly controlled by the Ministry of Home Affairs, J&K administration offices have no facility to receive RTI applications electronically. Even during the COVID-19 lockdown in 2020,the people of J&K had to travel to government offices and post offices to submit their RTI applications. I have urged the government several times to create an e-RTI facility, but that has not been done so far in spite of the fact that 3.5 lakh files in the J&K civil secretariat were digitised under the government’s e-Office project.

Mushtaq’s RTI application was transferred to the Ministry of Rural Development (MoRD) from the PMO within 24 hrs. The MoRD transferred the RTI application to the National Rural Infrastructure Development Agency (NRIDA) within a week or so. On June 30, 2021, the NRIDA office in New Delhi directed the chief engineer of the PMGSY in Kashmir to provide the information to Mushtaq. On July 1, 2021, the chief engineer of the PMGSY in Kashmir directed the executive engineer of the PMGSY Budgam to provide the information to Mushtaq. More than 30 days after the letter was dispatched from the chief engineer’s office, Mushtaq has yet to get the information from the executive engineer.

On July 6, the executive engineer wrote a letter to Mushtaq, asking him to pay RTI fees. But Mushtaq is not entitled to pay these fees since he is officially below the poverty line. Later, the executive engineer asked Mushtaq to go to his office. But why should Mushtaq go to him?

The PMGSY’s executive engineer in Budgam is not the only officer to deny information to citizens. There are dozens of similar cases in J&K. And when callous officers fail on all levels, they then spread the notion that they are being blackmailed by RTI applicants or journalists.

Also Read: After Three Years of Central Rule in Kashmir, the Ground Situation Is No Better

Acknowledging the LG

Lieutenant Governor Manoj Sinha has made it a point to be accessible to people. He has taken many initiatives to address public grievances. Some months ago, he sanctioned the sum of Rs 23 lakhs for each gram panchayat in J&K for local developmental needs under the Back to Village programme. He launched a health scheme under which all the residents of the union territory will be given health insurance under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana and already more than 22 lakh ‘golden cards’ have been issued under this scheme, providing an annual health insurance cover of up to Rs 5 lakhs. This has helped many J&K residents and the people appreciate it.

But J&K needs drastic reforms when it comes to addressing issues of governance and political instability and the LG cannot do this alone. He will need the Government of India to show seriousness about making institutions of transparency and probity operational in J&K.

Jammu and Kashmir’s LG Manoj Sinha. Photo: Twitter/@manojsinha_

Conclusion 

A ray of hope was generated when Prime Minister Modi called a meeting in New Delhi on June 24 with 14 prominent political leaders from Jammu & Kashmir. It was assumed that the Modi government was serious about restoring democracy and democratic institutions in J&K. But only days after Modi talked about removing both Dilli ki Doori (distance from Delhi) and Dil ki doori (distance from the heart) from the relationship between the Union government and the people of Jammu & Kashmir, Sikh leader Manjinder Singh Sirsa and a few BJP leaders castigated Kashmiri Muslims for what they called “the forcible conversion” of Sikhs in Kashmir to Islam. This became an issue that made the headlines on news channels, newspapers and social media for many days.

For two years, J&K has been under the direct rule of New Delhi. Why didn’t the country’s intelligence agencies ever report the ‘forcible conversions’ of Sikhs to Islam? They couldn’t report it because no such thing has ever happened.

Given this situation, it seems that the meeting between Modi and the 14 J&K leaders on June 24 in New Delhi had been thrust upon the Government of India for reasons that had nothing to do with the relationship between the people of the UT and the Centre. If the meeting had genuinely been called to mend this relationship, there would have been some positive outcomes. But even National Conference leader Farooq Abdullah said recently that there have been no follow-up results on the ground since the meeting.

A government cannot claim to provide good governance unless it is democratic. Only a democratically elected government can be made accountable, transparent, participatory and responsive. To create an effective system of governance, the government must ensure that the voices of the most vulnerable and disadvantaged communities of the country are heard, especially during decision-making processes. Unfortunately this is not happening at all.

A villager from a remote district of Kupwara, Kishtwar or even Kargil has to go to the Central Information Commission to file an appeal against a local executive engineer, junior engineer or tehsildar denying him information under the RTI Act. A woman in J&K has to seek the intervention of the National Commission for Women in New Delhi for justice because the J&K State Women’s Commission was closed down. A few months ago, the J&K State Pollution Control Board was converted into the J&K Pollution Control Committee under the direct control of the Central Pollution Control Board. But although there are about 14 members in this committee, not a single one is from the Kashmir valley. Why?

I could write a series of articles on this subject, citing dozens of examples to make it clear how the institutions of J&K have been disempowered or made defunct. But will it help us, Mr Modi?

Srinagar-based activist, columnist and independent researcher Raja Muzaffar Bhat is an Acumen fellow. He can be reached at bhatrajamuzaffar@gmail.com.

J&K: National Conference MP’s Son Booked Under UAPA Over DDC Election Campaign Speech

Baramulla MP Akbar Lone has said the charges do not hold and his son has been framed.

Srinagar: Before the BJP-led Centre read down Article 370 in 2019, Hilal Akbar Lone, son of Akbar Lone, the National Conference MP from Baramulla Lok Sabha seat, was taking strides towards a grand entry into politics.

He was seen as the natural claimant to the National Conference ticket from the Sonawari assembly segment, which was represented by his father thrice before he won the 2019 parliamentary polls.

But Hilal was detained on August 10, 2019 and lodged at Centaur hotel where other political detainees were also kept incarcerated for months after the August 5, 2019 move. Eventually he was booked under the Public Safety Act (PSA) and his detention was prolonged. He was again taken into preventive detention on December 25 after the results of the district development council polls were declared in Kashmir.

He has now been arrested under the Unlawful Activities (Prevention) Act, 1967, for what police has claimed were his “provocative” addresses and “hate speech” during the DDC election.

Who is Hilal Akbar Lone?

A law graduate from Kashmir University, 48-year-old Hilal was deputy advocate general of J&K during the National Conference- Congress regime. He came into prominence after his father Muhammad Akbar Lone, who is known for his blunt and brazen remarks in Kashmir’s political circles, won the Lok Sabha election in 2019.

Also read: ‘Nine Days After Centre Scrapped Article 370, I Was Detained’: The Story of a J&K Journalist

But five days after the Centre stripped J&K of its special status and statehood in August 2019, Hilal was taken into preventive detention and lodged at Centaur Hotel, which was declared a subsidiary jail by administration of J&K. He remained in detention under Section 107 of the Code of Criminal Procedure for six months. When this detention period lapsed on February 9, 2020, authorities booked him under the Public Safety Act, which was previously mostly used against separatists and militants.

In the PSA dossier prepared by the district administration of Bandipora then, Hilal was accused of being a potential threat to public peace and tranquility for being part of National Conference ‘’whose manifesto is to agitate against abrogation of Article 370 and 35A of the Constitution of India”.

“Being the poster boy of National Conference and son of senior National Conference leader Muhammad Akbar Lone of Sonawari locality, you will find it easy to exploit the innocent people and will instigate them to agitate and protest against the abrogation of Article 370, 35-A in the state of Jammu & Kashmir,” read the grounds of his PSA detention.

He was also accused of seconding the statements given by his father “against the implementation of Reorganisation Act in the UT of J&K”.

“The seditious and anti-national statements given by your father, soon after the abrogation of Article 35A and Article 370, are actually your brainchild,” reads the dossier.

Hilal was also accused of making statements during the Lok Sabha polls for purpose of sparking a rebellion against India.

“You have the potential to create an environment of public disorder. You opposed the sovereignty of India by saying that “any possible move of abrogation of Article 370 will have serious ramifications and we will fight against this move till last breath”. You acted behind the veil and instigated your workers to get ready against any possible move of abrogation of Article 370, 35A. You have a long history of interfering/ impeding the state agencies whenever they acted against the anti-national elements,” the dossier read.

His PSA detention order was revoked in June 2020 after he spent 10 months imprisoned. In this time, he was also lodged at the MLA Hostel.

Detention after DDC polls and case under UAPA

On December 25 last year, two days after results of DDC election were declared, Hilal was again detained by the authorities and lodged at MLA hostel, Srinagar.

Also read: Allowing the State to Designate Someone as a ‘Terrorist’ Without Trial is Dangerous

Muhammad Akbar Lone. Photo: Twitter/@mAkbar_Lone

“He was detained when he was on way to his home in Naidkhai, Sonawari from Srinagar,” his father Muhammad Akbar Lone told The Wire.

According to Akbar, he was kept in detention at MLA hostel for more than two months before being shifted to the Hajin police station on the evening of February 15.

The MP said that his son has been detained because he made a speech during DDC elections. “The allegations levelled against him are false and baseless. There is nothing provocative or seditious in his speech,” he said.

According to details gathered by The Wire, an FIR under different sections of IPC including 153A (promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc), 188 (disobedience to order duly promulgated by public servant, 505 (false statement, rumour etc. circulated with intent to cause mutiny or offence against the public peace) and section 13 of the Unlawful Activities (Prevention) Act were registered against him on January 9, 2021 for a speech he gave. This speech was part of the poll campaign and given purportedly at the Gund Jahangieer area of Sonawari assembly segment.

In the FIR, Hilal was accused of making propagandist speeches and promoting enmity on the grounds of religion, residence and place of birth.

He has been charged of provoking people to use criminal force or violence against lawful actions of government, sources who access to copies of the FIR said.

They said it was alleged in the FIR that Hilal had “deliberately and intentionally circulated” the speech with the aim and objective to cause disaffection against the country.

When contacted, senior superintendent of police, Bandipora, Rahul Malik, said that he has been arrested for “creating hatred” among various communities.

Former Jammu and Kashmir chief ministers Omar Abdullah of the National Conference and Mehbooba Mufti of the People’s Democratic Party, have both spoken out against the slapping of UAPA charges on Hilal.

Envoys From Europe, Africa to Visit J&K to Assess Development and Security After DDC Polls

Last year, foreign envoys from 17 nations including the United States had visited Jammu and Kashmir.

New Delhi: A group of envoys from Europe and Africa will visit Jammu and Kashmir later this week to take stock of the development and security situation in the valley, especially after the successful exercise of the District Development Council elections, officials said on Sunday.

The officials said the two-day visit was scheduled likely for February 17, 2021, during which the envoys would receive first-hand information on the development work undertaken by the Union Territory administration after abrogation of the special status of the erstwhile state of Jammu and Kashmir.

The envoys would meet some of the elected DDC members besides holding a meeting with a few prominent citizens and administrative secretaries.

The showcase would be the recently concluded DDC elections which was completed in December last year, the officials said. Strengthening of democratic institutions at the grassroots level would be significantly highlighted, the officials said, adding that during the presentation the envoys would be shown how panchayats have been empowered by giving them financial powers.

The next day, the ambassadors would visit Jammu, where they are likely to meet DDC members and representatives of some social organisations, they said.

Also read: Human Rights Violations Continue in J&K, Govt Still Prioritising Counter-Insurgency: Report

This is yet another diplomatic exercise being carried out by the government to counter the propaganda being orchestrated by Pakistan at international fora, the officials said.

The envoys would be briefed about the security situation by senior officers involved in the law and order situation in the Kashmir valley, especially attempts of Pakistan to push terrorists into India through the Line of Control and frequent ceasefire violations, they said.

Last year, foreign envoys from 17 nations including the United States had visited Jammu and Kashmir. The team also comprised of ambassadors from Vietnam, South Korea, Brazil, Uzbekistan, Niger, Nigeria, Morocco, Guyana, Argentina, Philippines, Norway, Maldives, Fiji, Togo, Bangladesh and Peru.

Three months after the Centre withdrew the special status of Jammu and Kashmir by revoking Article 370 of the Constitution and bifurcated it into two union territories, a delegation of 23 EU MPs was taken on a two-day visit to assess the situation in the Union Territory by the International Institute for Non-Aligned Studies, a Delhi-based think tank.

(PTI)

Turnout, Dominance, Region, Religion: The Big Takeaways of the J&K DDC Polls

The first ever electoral exercise held in the erstwhile state since the scrapping of Article 370 evoked considerable interest among political watchers.

In October 2020, the Union government amended the J&K Panchayati Raj Act, 1989. It introduced a provision to hold direct elections to the district development councils. These councils replaced the district development boards which functioned mostly as official bodies of the government.

Other than the MP and MLAs representing the district, there was no representation for the board. The DDCs, on the other hand, were constituted on the basis of a direct election with each district having 14 elected members.

Issues around the election

The election, which was held in eight phases, attracted significant national attention. As it was the first ever political exercise since the special constitutional status of the erstwhile state of Jammu and Kashmir was scrapped and the state was reorganised, the whole electoral process evoked much interest among political watchers. Though the elections were held for the limited purpose of forming the district-level councils, there were larger issues that lingered in the background.

Some of the important ones surrounded the issue of legitimacy versus contestation of the August 2019 changes, the political impasse, the opening up of democratic space in Kashmir, the role and relevance of various political parties in the context of the changed political environment; the ‘old’ versus ‘new’ politics in J&K. The election, in the end, did serve the purpose of ending the political impasse in Kashmir and opening up some democratic space. It also brought about clarity regarding the role and relevance of the traditional mainstream parties in the UT, particularly in Kashmir.

The process evoked early interest because the People’s Alliance for Gupkar Declaration (PAGD) had decided to contest the election as one unit. The PAGD – comprising the NC, PDP, People’s Conference, CPM, Awami National Conference and Jammu Kashmir People’s Movement – was formed just prior to the announcement of the elections, with a demand for a return to the pre-August 5 status in J&K.

Also read: DDC Poll Results Are an Emphatic Rejection of the Scrapping of J&K’s Special Status

Leaders of the respective alliances were not only resentful of the changes but also sceptical of its effect on mainstream politics. Both Farooq and Omar Abdullah, soon after their release from detention, had expressed the view that mainstream politics had suffered as a result of these changes and that it would not be easy for political leaders to engage again with people. Under such circumstances, the DDC elections brought them back to the centre stage of sorts and provided them with a way to emerge from the impasse. Boycotting the elections would only have been counter-productive as it would have allowed new players such as the  Jammu and Kashmir Apni Party (JKAP) and even the BJP to capture political space in Kashmir, sidelining the older parties.

BJP vs PAGD

This decision of the PAGD to participate in the election and field their candidates jointly, resulted in a high-stakes, high-profile election for both the BJP and the PAGD. Given that these were the first elections that took place after the August 2019 changes, it was important for the BJP to win in order to convince the electorate, and indeed the public at large, that the sweeping changes it had enacted in the erstwhile Jammu and Kashmir had garnered public support, even approval. Anything less than a ‘reasonable victory’, at least in its core constituency in the Jammu region, would be considered a setback for the BJP. For the PAGD, a victory would entail a vindication of their opposition to the changes and also a boost for the party’s morale and their very existence.

The BJP, true to form,  took the electoral exercise very seriously and went about the campaign in a very organised manner. Not only was there a regular presence of national-level leaders throughout the process, but a dedicated team of senior leaders, including Central ministers, set up camp in the Union Territory. In Delhi, senior leaders of the BJP lost no opportunity to refer to their rivals as the ‘Gupkar gang’, even virtually declaring them to be anti-national. Campaign rhetoric reached such shrill levels that the district-level election garnered national attention.

Members of Peoples Alliance for Gupkar Declaration Farooq Abdullah, Mehbooba Mufti, Omar Abdullah and others during a press conference after their meeting, at Bathindi in Jammu, Saturday, November 7, 2020. Photo: PTI

Voter turnout

There was a significant difference in the voter turnout in the two regions. Against a range of 64.21% to 72.71% turnout during different phases in the Jammu region, Kashmir recorded 29.91% to 40.65% turnout. However, in comparison to the panchayat elections held in 2018 and the 2019 parliamentary elections, the turnout was certainly much better. To give an example or two – Srinagar district which registered a turnout of 35.3% in the DDC elections, had registered only 7.90% and 14.50% turnout in the parliamentary and panchayat elections respectively. Similarly, Budgam which recorded 41.5% voter turnout this time, had registered only around 21% in both panchayat and parliamentary elections.

The level of participation, however, was not even across the region. The four south Kashmir districts of Pulwama, Shopian, Kulgam and Anantnag, which have been severely impacted by separatism and militancy since 2015, had the lowest turnout, ranging between 7.65% (Pulwama) to around 25% (Anantnag and Kulgam).

Also read: ‘Saffron Surge in J&K?’: DDC Poll Numbers Show BJP Struggled in ‘Stronghold’ Jammu

In contrast, north Kashmir, which has large border areas and has been mostly free of militancy and violence, registered a higher turnout. With the exception of Sopore district which recorded only 23.8% votes, the average voter turnout in the region was more than 45% (45.2% in Baramulla, 49.8% in Kupwara, 54.9% in Handwara, 55.6% in Bandipora). The central part of Kashmir, meanwhile, registered a moderate level turnout, ranging from 35.3% in Srinagar to 44.3% in Ganderbal.

One can see that the elections hav opened some democratic space in Kashmir for which the BJP has been seeking credit. However, much of this was due to the alliance parties. They chose participation over boycott, reviving and re-invigorating the political space to some extent. It is certain that if these parties had withdrawn from the fray, the situation would have been quite different and pushed mainstream politics further to the margins, with separatism and militancy stepping into the void.

Mapping the results

The alliance partners were able to register victories in 110 of the total 278 district constituencies for which the results have been declared – the result for two constituencies has been withheld. Of these, 84 constituencies lie in Kashmir division and 26 in Jammu division. BJP has won 75 seats, 72 in Jammu region and 3 in Kashmir. The Congress got 26, 17 in Jammu division and 9 in Kashmir. Jammu Kashmir Apni Party (JKAP) got 12 seats. As many as 50 independents, many of whom were disgruntled former party candidates, also registered victories.

Both the BJP and the PAGD alliance claimed to have won a majority. BJP further claimed that they had the highest number of votes. While the BJP’s claim lies in the technicalities, the PAGD’s claim lies in the political reality. That BJP emerged as the largest party in the UT with 75 seats is a technical fact formally recorded with the election authority of J&K. However, the PAGD parties contested the election as a unit and not as individual parties. Hence, their claim that they received 110 seats over the BJP’s 75 is also correct. The other claim by the BJP that it has polled the largest share of votes is also a technical fact. Its vote share is linked with the much higher voter turnout in the Jammu region, almost twice of that in the Kashmir region.

Voters wait at a polling station to cast their votes for the first phase of the District Development Council (DDC) elections in Thune area of Gund in Ganderbal district of central Kashmir, Saturday, Nov. 28, 2020.Photo: PTI/S. Irfan

The reasons behind the BJP’s impressive performance lies in its near-complete control over its core constituency, comprising the predominantly Hindu-dominated districts – Jammu, Samba, Kathua and Udhampur. These four districts are also the most densely populated in the region, and the BJP had a clean sweep. It won 49 out of the 56 seats here, losing only 7 seats to other parties and independents.

In this way, it has repeated its performance of the 2014 assembly elections when it had captured 18 of the 21 assembly constituencies in these districts. The Congress, which was the traditional party of the region and these districts (till 2008), has been totally decimated and Panthers party, that had a hold in some of these districts, ended up securing only 2 seats out of 56.

Also read: ‘No Point of Voting’: Pulwama Records 6.7% Turnout for DDC Polls, Lowest in the Valley

The BJP also has a presence in all other districts of the Jammu region with the exception of Poonch where it failed to get any seat. In Doda, it got a majority (8) and in Reasi, it is the largest party with 6 seats. In Rajouri and Kishtwar and Ramban, it has 3 seats each. Seen from that perspective, the BJP is the dominant party of the Jammu region, having captured as many as 72 constituencies. No other party has performed as well. The next best is the National Conference with 25 seats. In 2014, the BJP  had swept the Jammu region with 25 out of 37 seats, 18 in its core constituency and 7 in other parts of the region. It has had an added advantage in the DDC election, in that it has been able to win 3 seats in the Kashmir region.

Taken as a whole,  however, the PAGD’s performance is better. Of the 138 seats in Kashmir division, the alliance has been able to register a victory in 84 while 9 seats each went to the Congress and JKAP, 3 were won by the BJP and 31 by independents. What further adds to the performance of the PAGD is that it has a majority in more districts as compared to the BJP. While the BJP has a majority in 5 districts and may be able to get a majority in the sixth (Reasi), the PAGD has a clear majority in seven districts and a substantial presence in two more (six seats each). The PAGD’s advantage is that it has been able to make its mark in the Jammu region as well with as many as 26 seats and a substantial presence in Ramban and Kishtwar districts (six seats each).

The NC prevails

In terms of the individual political parties which formed the alliance, the NC has emerged as the strongest and most resilient. In fact, its performance has been extraordinary, given the fact that as part of the alliance, it did not contest the election to its full potential and had to share electoral space with other parties. Even so, its tally of 67 seats is quite impressive. Not only did it get a  large number of seats in Kashmir but also 25 in the Jammu region. In fact, it could also win two seats even in the predominantly Hindu areas (one each in Jammu and Samba districts). This is a party which has a presence in the largest number of districts. With the exception of Udhampur and Katua, it has a presence in all the other 18 DDCs. In that sense, its performance is much better than during the 2014 assembly elections.

Kashmir DDC polls

Pattan: A polling official sprays sanitizer on the hands of voters standing in a queue as they wait to cast their votes for the 7th phase of District Development Council (DDC) elections, at Archander Hama area of Pattan in Baramulla District of North Kashmir, Wednesday, Dec. 16, 2020.

By region, by religion

One thing that has been clearly revealed in these elections is that regional political divergence is a reality in Jammu and Kashmir. With the twin forces of regional polarisation and religious polarisation creating distinct blocks of voter preferences, the obvious trend is that Hindu areas prefer the BJP while Muslim areas vote against them.

Also read: J&K: How and Why the DDC Polls Results ‘Marginalised’ the BJP

Areas of mixed population, mostly in the Jammu region, are the saving grace, because here, one finds a mixed political response and an ‘open’ political space for all kinds of parties. At least five districts of this region with a mixed population show these trends. Thus while the predominantly Hindu districts leave virtually no scope for any party other than the BJP, the reverse is true in the Muslim majority district of Poonch. In Doda, Kishtwar, Ramban, Reasi, and Rajouri, one can see the presence of multiple parties. In Doda district where BJP has got the majority seats, there is a Congress presence (4) and NC (1). In Kishtwar besides NC (6) and Congress (3), there is BJP (3). Rajouri has a medley of NC (5), Congress (3), BJP (3) PDP (1) and JKAP (1); so also in Reasi,  BJP (6), NC (3), JKAP  (2) and Congress (1). Ramban has NC (6), BJP (3) Congress (2).

In the polarised politics of J&K, both region-wise and religion-wise, the only bridges that exist are in these areas of mixed population.

Limits of DDC politics and democratic space 

What next? The DDC elections have opened up the democratic space in Jammu and Kashmir but it offers very limited possibilities. Since the assembly elections are not likely to be held any time soon (the delimitation has to precede the election and one doesn’t know when it will be done), DDC is all that exists in the name of representative politics (or the panchayats or municipalities). Other than a somewhat restricted developmental role for the DDC, there does not appear to be much space for democratic politics through these councils.

In fact, politics via the DDCs will be fragmented and reduced to the district level. As long as the assembly is not constituted, the formal democratic political space will remain limited. It is a different matter that even after the assembly elections take place at some future date, the assembly and the elected government would not have the same autonomy it had before August 2019. So it will be only after the statehood is restored, that meaningful democratic politics can take place.

So what is the significance of this election and what does it mean for democratic politics? These elections have given a kind of   ‘moral right’ to the political parties to act on behalf of the people. This is as much true for the BJP as for the PAGD. The BJP has already started using the mandate to claim that (a) it has got approval for the changes that it brought in August 2019 (b) that the people have voted for development and rejected separatism and (c) that it is the victory of democracy.

For the PAGD parties, these elections have empowered them to make a point about the reality of their existence and their relevance. The mandate they have received and their relevance to Kashmir’s or even the Union territory’s politics cannot be challenged. There may not be much formal democratic space for them to operate in, but they can always be vocal about political issues. In any case, the election has been a good reality check for them and for others; it is no more a hypothetical question whether these parties matter or not in Kashmir. It has now been proven that they do.

Rekha Chowdhary was formerly a professor of Political Science at the University of Jammu.

Note: This article has been edited since publication to correct an error on the BJP’s tally in Jammu, Samba, Kathua and Udhampur.

Watch | What Do the J&K DDC Election Results Mean For J&K Politics?

As these were the first elections following the end of autonomy in J&K, the stakes were high for everyone involved.

On December 23, Jammu and Kashmir declared the results of elections to its District Development Councils, the first to be held since the overnight revocation of Article 370 of the constitution by which the former state lost its special status on August 5, 2019.

The People’s Alliance for Gupkar Declaration – known as the Gupkar Alliance and consisting of the National Conference, Peoples Democratic Party, Peoples Conference, the Communist Party of India (Marxist) and J&K Peoples Movement – secured 110 seats. Another 50 seats were bagged by Independent candidates.

The BJP emerged as the single largest party with 74 seats, while its associate – the newly formed Apni Party won 12 seats. The Congress managed to secure 26 seats and others like the Jammu and Kashmir National Panthers Party, the People’s Democratic Front and the Bahujan Samaj Party – each could secure only a couple of seats.

As these were the first elections following the end of autonomy in J&K, the stakes were high for everyone involved.

While the Gupkar Alliance was initially set on boycotting the DDC elections, fearing greater gains for the BJP, decided against it. With a large victory, it remains to be seen how the Alliance is able to revive itself as a strong political force in Jammu and Kashmir.

Jammu and Kashmir: Seven Members of a Family Are Contesting the DDC Polls in Budgam

Mohammad Ramzan Sheikh and six members of his family have filed papers for panch and sarpanch seats in his hamlet. The family is representing the People’s Democratic Party.

Budgam: As elections for the district development councils (DDC) in Jammu and Kashmir (J&K) are being held for the first time after the erstwhile state lost its special status in August 2019, a family of seven members in Central Kashmir’s Kanihama village of Budgam district have filed their nominations as candidates. The family is representing the People’s Democratic Party (PDP).

Mohammad Ramzan Sheikh, 72, along with six other family members, has filed papers for panch and sarpanch seats vacant in his hamlet. The hamlet has more than 500 households divided into seven wards. In all the wards, Sheikh’s family is fighting the elections with no opposition candidate in the fray.

Sheikh’s wife, Fatima Bano, a 70-year-old woman along with her three sons and younger daughter-in-law are contesting a panch seats, while her elder daughter-in-law – Shabnum Jan is contesting a sarpanch seat.

Sheikh was a patron of the National Conference (NC) since Sheikh Abdullah’s time. But, after his death in 1982, Sheikh says he discovered that the party did not take care of his workers. “We were never heard by the party leaders and there was always a disconnect between us. Nazir Ahmad Khan who is district president of PDP in our area proved his worth and I decided to support his party in 2014,” Sheikh told The Wire.

Entering the electoral fray

Sheikh, a tall man with a stout personality explains the reason for fighting the elections after witnessing zero development in his locality for years.

“Our village has been largely neglected while people here go to polls in overwhelming majority,” he said. Taking a long drag of smoke from his hookah, he added that due to the underdevelopment of his village, the family has decided to contest elections for the seats to address the issues by themselves.

Shiekh is a diehard supporter of the PDP, and seemingly, it is his influence over the family that has convinced them to jump into the electoral process.

The situation in the Valley is not so favourable, but still the whole family is going to stand for the elections. In Kashmir, people who support the idea of political movement are seen as “traitors” and sometimes with the growing conflict around, the support has even cost people their lives. But Sheikh firmly says that “we are ready to take this risk only for the good of our village.”

Since the armed insurgency started in early 1990s in Kashmir, Kanihama, a village located halfway down to famous winter tourist spot Gulmarg, so far had three natives in the militant ranks. Two had been killed in separate encounters and one was captured alive. The situation in Central Kashmir is not as bad as in South Kashmir where panches and sarpanches are living a fearful life.

Most of the sarpanches and panches, elected from militancy affected South Kashmir in the 2018 urban local body elections as well as councillors elected from Srinagar, have been staying in different hotels in Srinagar for the last two years.

It was earlier decided that they will stay there for a short time, but even two years later, both winning and losing candidates continue to stay in these hotels, citing fear as a reason, the bills of which are being paid by the J&K administration. The hotels are guarded by both police and paramilitary forces.

Also read: J&K DDDC Polls: Despite Gupkar Alliance, Parties Are Fielding Proxy Candidates

Fear and dilemma

Though, Sheikh feels that everyone around him is in support of his decision, some of his family members are not. His wife, a heart patient, keeps her eyes on the door. Her heartbeat goes up at every knock.

“I am a simple man and everyone in my village looks at me with respect. But my son and my wife are scared,” said Sheikh.

The local police station had asked the family if they need security, but they have refused the offer.

“We don’t want our neighbours to suffer because of us. If there will be security, there are chances of attacks or stone pelting, and we will become enemies in our own locality,” said Javaid Ahmad, Sheikh’s youngest son.

He further told The Wire that some relatives had already started cussing them for this step, which for him could become a reason for resigning. However, many in his locality are applauding him for his decision.

“We are contesting elections for the benefit of our people. But, if by any chance we won’t be able to fulfil anyone’s issue, we will be seen as selfish and our lives may be in danger,” he expressed.

Notably, no one in Sheikh’s family has received any education. All of them are illiterate. Sheikh’s second and youngest son Ahmad is working as a labourer while his elder son Jan Mohammad is working as an ATM guard in Jammu and Kashmir Bank.

With many relatives in his village, Sheikh believes that he can win. “If a single vote is casted in our locality, we can win as there is no other candidate fighting against us,” Mohammad expressed happily.

According to state election commissioner K.K. Sharma, as many as 804 sarpanches and panches have been elected unopposed ahead of the panchayat bypolls in Jammu and Kashmir. “As many as 768 panches and 36 sarpanches have been elected unopposed,” he said on Friday.

As per official data, 11,500 seats for the post of panch and 890 for sarpanch are vacant in Kashmir, and 185 seats for panch and 124 for sarpanch are vacant in Jammu division.

In 2018, regional parties, including the NC and PDP, had boycotted the panchayat elections, when 83.5% turnout was recorded in Jammu division while Kashmir Valley, which also included Ladakh then, recorded 44.4% turnout.

Kaisar Andrabi is an independent journalist from Kashmir and tweets at @KAndrabi.

Jammu and Kashmir: District Polls to Be Held in Eight Phases From November 28

The last phase of polling will take place on December 19 and the counting of votes will take place on December 22.

New Delhi: The Jammu and Kashmir (J&K) poll panel on Wednesday announced an eight-phase election to 20 district development councils (DDCs) in the Union Territory beginning November 28, which will conclude on December 22. This will be the first major electoral exercise in J&K since the reading down of Article 370 in August last year.

The government had in October amended the Jammu and Kashmir Panchayati Raj Act to provide for setting up of DDCs in each district which will have directly elected members, marking the implementation of the entire 73rd constitutional amendment in the Union Territory.

State election commissioner K.K. Sharma told a press conference in Jammu that by-elections to vacant panchayat and municipal seats will be held simultaneously.

Key points

The notification for the first phase polling on November 28 is expected to be issued on Thursday, Sharma said. The last phase of polling will take place on December 19 and the counting of votes will take place on December 22.

After taking into consideration all relevant factors and inputs from various stakeholders, it was decided to hold the election to 20 DDCs – 10 each in Jammu and Kashmir – in eight phases, Sharma said. There will be 14 constituencies in each DDC, he added.

While the election to DDCs and panchayat by-polls will be held through ballot, by-election to municipal seats will be conducted through electronic voting machine (EVM).

This will be for the first time that West Pakistani refugees, Valmikies and Gurkhas will be exercising their franchise in these elections.

Bone of contention

However, political parties reportedly said that the creation of DDCs will further “disempower” the J&K assembly, while the central government termed it as a “path-breaking” initiative.

The Congress has expressed unhappiness over the announcement of DDC elections “without prior consultations” with the recognised parties. It said it will take a decision on its participation in the polls in a couple of days.

“Congress would take a decision, in a couple of days, with regard to the participation in the just-announced elections to DDC and BDCs but regretted the unilateral decisions of the government and the election commission to announce the elections,” Jammu and Kashmir Pradesh Congress Committee (JKPCC) president Gulam Ahmed Mir said.

While DDC polls will be held on party basis, panchayat by-polls will be held on a non-party basis, chief electoral officer Hardesh Kumar said. By-elections will be held in 12,153 panchayat seats and 234 urban local wards.

The Centre has fully applied the 73rd constitutional amendment to the Union Territory of Jammu and Kashmir, which was pending for 28 years. With this, all three tiers of panchayati raj institutions will be formed in Jammu and Kashmir for the first time.