BLUNT BUTCHER
JAMMU: The controversy revolving around the amendment to Jammu and Kashmir Transfer of Property Act-1977 has exposed political bankruptcy or selectivity of all the four premier mainstream players-the PDP, the BJP, the National Conference and the Congress. In fact, the role of National Conference, post referral of the Bill to Select Committee, is quite intriguing, as the Act had been passed during the times of Sheikh Abdullah. Interestingly, when the Act was passed with Sheikh Abdullah as Chief Minister in 1977, the hardcore separatist hawk Syed Ali Shah Geelani was a Member of Legislative Assembly. Nobody had objection to it then.
And, in the past four decades, no government or no political party, not even the National Conference, which ruled Jammu and Kashmir for better part of this period, felt the exigency of amending the Act, which envisages, “No person shall take possession of or commence to build or build on any land in Province of Kashmir which has been transferred or has been contracted to be transferred to him unless and until such transfer becomes valid under the provision of sub-section (1), Sub-section(3) of Section 138 of the Transfer of Property Act.” The amendment, cleared by the State Cabinet on 23rd June 2016, had sought to substitute the words “province of Kashmir” with the word “State”.
Whatever might have been compelling factors for PDP-BJP Government to amend the Act, certain disturbing questions will always keep bothering those watching political developments in Jammu and Kashmir, especially after the North Pole South Pole government became a reality, not once but twice in one and a half years. First, who initiated the move; second, why didn’t BJP ministers in the Cabinet object to the amendment at the approval stage itself; third, why there were second thoughts within the BJP and fourth, why and how PDP agreed to send the Bill to Select Committee? Pressures and pulls besides administrative naivety of BJP ministers seem to be at worse display in Jammu and Kashmir.
In this confusing situation, the role of National Conference makes the drama on Land Transfer Act more complicated. The NC Legislative party, led by former Chief Minister Omar Abdullah, has called on the Governor and sought his intervention into the matter that led to ‘virtually killing the Bill.” The memorandum submitted to the Governor, inter allia, read, “The Dignity and the Honour of the State Legislature has been dented and 30th of June, 2016 will go down in the history of the State Legislature as the darkest day.” The NC goes on appealing the Governor ‘to make necessary interventions to uphold the Constitution of the State and to implore upon the State Government to safeguard the interests of the Permanent Residents of the State’. The second part of the appeal is interested and speaks volumes about the advice being rendered to Working President Omar Abdullah by his sycophant advisors. They have made him vulnerable to criticism of having ignored the ‘interests of the Permanent Residents of the State’ when he was Chief Minister between 2005 and 20014 or National Conference led governments earlier since 1977, when the Act was passed.
Sheikh Abdullah, the pioneer of the revolutionary Land Reforms Act, had a tremendous far-sight, which is why the Transfer of Property Act-1977 left the Jammu region out of its purview. He had realized the potential of this region with regard to industrial development, being close to industrially developed states. He was, in fact, vindicated as Jammu witnessed number of reputed industrial units coming up with huge outside investment. Chenab Textiles in Kathua is a case in point. Even a man on street can vouch for its significance with regard to provision of jobs to locals, both skilled and unskilled, by this premier industrial unit. It had given birth to several ancillary units, which had brought cheer among the people. This is true about all similar other units which have been contributing immensely and supplementing the efforts of the State Government in generating jobs as it cannot provide white collar jobs to all in the government sector.
Land Laws (Amendment) Bill 2016 seeks restrictions on taking possession of land by non State Subjects and transfer of immovable property for commencing any construction activity in the Jammu division, as already exists in the Kashmir Valley. This being so, how can industry grow in the Jammu region when intending industrialists won’t get lands through various modes or have permission to undertake constructions? The fears that non State Subjects were owning lands in Jammu is just a myth as the Constitution does not permit outsiders to be owners of the property in either of the regions. The hullaballoo thus being raised by National Conference only speaks the mindset of Kashmir centric political leadership in subjugating the Jammu region. The people in this region can genuinely think that the National Conference does not want industry to flourish in Jammu. They will be within their rights to assume that after taking recourse to Hurriyat like politics, the National Conference wants to be seen as a Muslim Conference rather than a secular outfit environed by Sheikh Abdullah, the pioneer of Transfer of Property Act-1977.