Epilogue because there is more to know
CONTENTS
www.epilogue.in
Editor in Chief Zafar Choudhary Consulting Editor D. Suba Chandran Associate Editor Irm Amin Baig Photo Division JP Bandral
Controversies of
FAITH & POLITICS on way to
AMARNATH
Designs & Layout Keshav Sharma
Volume 2, Issue 7, July 2008
Mailing Address PO Box 50, HO Gandhi Nagar, Jammu Phones & email Office : +91 191 2493136 Editorial: +91 94191 80762 Administration: +91 94190 00123 editor@epilogue.in editor.epilogue@gmail.com subscription@epilogue.in
IN FOCUS Amarnath Politics
10
Dangerous Politics Around 39 Hectares Of Land
Edited, Printed & Published by Zafar Choudhary for CMRD Publications and Communications Published from ‘Ibadat’, Madrasa Lane, Bhatindi Top, Jammu, J&K Printed at Dee Dee Reprographix, Jammu Disputes, if any, subject to jurisdiction of courts and competitive tribunals in Jammu only. Price : Rs 15
Prologue Letters to the editor
3 4
Hear & Hear Who Said What
5
Report Change at Raj Bhawan Tourism
6 28
Interview Change at Raj Bhawan
7
Security Naxal Violence
20
Ladakh Education
22
On Record The Grand Plan
25
Columns Vision From Valley Times Gone By Jest Ponder
35 38 54
Digest of Economy Industry
31
Bibliophiles Legends Of Our Times
40
Stop Press Review of Media
45
Reviews Books & Movies
47
Epilogue For more News, Views & Analysis Log on to www.epilogue.in Epilogue Ø 1× July 2008
BREAST FEEDING Instructions to Breastfeeding Mothers Mothers should be explained the following advantages as also nutritional superiority of breastfeeding : I) Immediately after delivery, breast milk is yellowish and sticky. This milk is called Colostrum, which is secreted during the first week of delivery. Colostrum is more nutritious than mature milk because it contains more protein, more anti-infective neonatal infections. It also contains higher levels of Vitamin ‘A’. II) Breast Milk : a) Is a complete and balanced food and provides all the nutrients needed by the infant in the first few months of its birth. b) Has anti-infective properties that protect the infants from infection in the early months. c) Is always available. d) Needs no utensils or water (which might carry germs) or fuel for its preparation. III) Breastfeeding is much cheaper feeding infant milk substitute as the cost of extra food needed by the mother is negligible compared to the cost of feeding infant milk substitutes. IV Mothers who breastfeed usually have longer periods of infertility after childbirth than non-lactators.
RAL HEALT H RU
SIO MIS N
Issued by : National Rural Health Mission, J&K
NATIONAL
Management of Breastfeeding : I) Breastfeeding : a) Immediately after delivery enables the contraction of the womb and helps mother to regain her figure quickly. b) Is successful when the infant suckles frequently and the mother wanting to breastfeed is confident of herability to do so. II) In order to promote and support breastfeeding, the mother’s natural desire to breastfeed should always be encouraged by giving where needed, practical advice and making sure that she has the support of her relatives. III) Adequate care for the breast and nipples should be taken during pregnancy. IV) It is also necessary to put the infant to the breast as soon as possible after delivery. V) Let the mother and infant stay together after the delivery, the mother and her infant should be allowed to stay together (in hospital, this is called ‘rooming-in’). VI) Give the infant Colostrum as it is rich in many nutrients and its anti-infective factors protect and infants from infections during the first few days of its birth. VII) The practice of discarding Colostrum and giving sugar water, honey water, butter or other concoction instead of Colostrum should be very strongly discouraged. VIII) Let the infant suckle on demand. IX) Every effort should be made to breastfeed the infants whenever they cry. X) Mother should keep her body and clothes and that of the infant always neat and clean.
No. :NRHM-RCH/IEC/592-94 2005 - 2012
P R O L O G E FROM THE EDITOR
Complacency Backfired
Zafar Choudhary The Kashmir Valley which shuts under carpet of snow in winters, makes some economic activity in the summers. Particularly the months of June, July and August are always a boom time in the Valley. Several thousands pilgrims and tourists through Kashmir everyday allowing everyone to earn something – the hotelier, the restaurateur, the boatman, the taxi operator, the petty trader and the Poneywalla- all manage some money in summers to make their winters comfortable. This year the much expected boom season had a violent beginning. The controversy over allotment of forest land to Shri Amarnath Shrine Board shut establishment in entire Kashmir Valley and spilled people on roads. The protests which begin over the concerns of ecology soon assumed the communal colours with wishful politicization of issue by several parties. The dominant discourse in Kashmir all these days remained for 'Azadi'. The anti-India slogans were perhaps loudest in last 18 years. After week-long of pitched battles between security forces and protestors three persons have been killed and hundreds injured. Ending over five years of 'bitter bonhomie' the ruling ally Peoples Democratic Party has pulled out of the government triggering waves of speculations on stability of Azad Government. The new Governor NN Vohra in a bid to soothe the sentiments has now done the unthinkable. In his capacity as
Chairman of Shri Amarnath Shrine Board, he has surrendered claims over land and asked State Government to take over pilgrimage affairs. This has slightly eased the situation but people in valley are asking for cancellation of land transfer order. The agitation is likely to be called off soon with big hearted overtures of Raj Bhawan and the government. Unfortunately, what has broken down in the course is the myth that peace has returned in Kashmir and a solution was just a stone's throw away. The claim that infrastructural development, laying of tulip gardens, establishment of universities etc have taken the public attention away from the main issue have proved false in just one week. I am ready to face any criticism for making an honest statement in this column that the problem in Kashmir is exactly there where it had been five decades back. Developing infrastructure is okay for public good but this can not be substitute for basic attention on the core issue. If roads and bridges could have resolved the issue, a small incident would not have necessitated slogans for Azadi. Due to pancity time and compulsions of deadlines our present issue has not discussed the contours the basic issue. Instead, we have just tried to bring in this issue what all has happened in the valley. Feedback : Zafarchoudhary@epilogue.in
Epilogue Ă˜ 3Ă— July 2008
Epilogue because there is more to know
EPILOGUE aims at providing a platform where a meaningful exchange of ideas, opinion and thoughts can take place among the people and about the people of Jammu & Kashmir. The attempt is to research, investigate, communicate and disseminate information, ideas and alternatives for the resolution of common problems facing the state and society of Jammu & Kashmir and in the context of their significance to South Asia as a whole. We welcome contributions from academics, journalists, researches, economists and strategic thinkers. We would also like to encourage first-time writers with the only requirements being a concern for and the desire to understand the prevailing issues and themes of life in Jammu & Kashmir Contributions may be investigate, descriptive, analytical or theoretical. They may be in the form of original articles or in the form of a comment on current events. All contributions have to be neatly types in double space and may be sent to the address given alongside or e-mailed to the editor. While the editor accepts responsibility for the selection of the material published, individual authors are responsible for the facts, figures and viess ithe tier articles.
M A I L
B O X
LETTERS TO THE EDITOR
Letters Mail your letters to editor@epilogue.in
Where is this bus going?
Economic growth needs matching infrastructure
The inauguration of Bus service connecting the two parts of LoC separated Kashmir witnessed a widespread positive response from all sections of the society. For separated relatives it was dream reunion across the Line of Control, for political leaders either a victory or issue for debate and it came as a ray of hope for the business community of the Jammu and Kashmir state. Given the bottlenecks in transportation and delivery of perishable goods at destinations beyond Delhi, it will be more convenient especially for the fruit growers to establish business ties on other side of the divide. Moreover within the state and also the interstate trade will also become competitive as a positive outcome. JAVED MIR Poonch
For sustained economic ties we need to have basic infrastructure right from the production to delivery stages. With the Industrial Policy of state, various sectors in state have been successful in taking benefit of various industrial incentives so there is a sense of eager preparedness among the industrialists of not only Kashmir but Jammu and Ladakh as well. Moreover the connectivity like road infrastructure is also conducive to the cross LoC trade as compared to the trade with other states in various commodities.
economic development of different sections of the society.
NAZISH IMRAN University of Jammu, Jammu
ROHIT BHAT Delhi University, New Delhi
Inclusive development of all societies must Various sections of media reacted differently to the Gujjar agitation in Rajasthan, while some called it a successful attempt of taking state to ransom for unjust demands and also setting bad precedence, other called it a justified movement to convenience the Government to undo the historical injustices. The history gujjars (Epilogue, June 2008) reflects that the successive state governments in Rajasthan had remained insensitive to the socio-economic plight of the Gujjars there. Such prolonged accumulated dissent had to outburst like this sooner or latter. So the governments must strive for an all inclusive and socio-
Epilogue Ă˜ 4Ă— July 2008
Give some comparative analysis also Digest of Economy (Epilogue, June 2008) is a welcome feature. In depth analysis of various aspects of Agriculture research, production and education has been done. It will be useful for the readers if various central and state sector schemes are also covered in the next issue. Moreover, it needs to be diversified to include the rural and urban economic trends, separately, as well. SANDEEP SANTOKKE Mukherjee Nagar, New Delhi
H E A R
A N D
H E A R
WHO SAID WHAT
By accepting Accession (to India) we have not mortgaged our honour and dignity. Muzzafar Hussain Baig, Deputy Chief Minister
“One thing is clear, forces inside and outside India don't want free, fair and peaceful elections in the Jammu and Kashmir”
“I can say this with confidence that there cannot be another viable solution to Kashmir issue than restoration of autonomy “
AK Antony Defence Minister of India Dr Farooq Abdullah, Former Chief Minister and Patron National Conference
“While some are spreading Jehad through AK 47 the others were doing the same under the garb of constitution and democracy”
“Congress wanted to do a lot more but compulsions of coalition arrangements come in the way.”
Parveen Togadia, International General Secretary Vishwa Hindu Parishad
Ghulam Nabi Azad, Chief Minister Jammu and Kashmir
“It is a litmus test for Jammuites to either stand by us or get carried away by the communal propaganda spread by forces who are hell bent to destroy our secular ethos.”
“This article (370) has given nothing to the state (Jammu and Kashmir) except terrorism, under-development and unemployment” Rajnath Singh, BJP National President
Mohammad Yasin Malik, Chairman Jammu and Kashmir Liberation Front
“Despite repeated clarifications that no permanent structure has been raised, an orchestrated campaign continues to vitiate the atmosphere” Lt. Gen (Retd.) SK Sinha, Governor, Jammu and Kashmir
“The return of National Conference to power means return of an era of corruption, nepotism, anarchy and favoritism” Mufti Mohammad Sayeed, Former Chief Minister and Patron Peoples Democratic Party
Epilogue Ø 5× July 2008
R E P O R T CHANGE AT RAJ BHAWAN
Vohra At Raj Bhawan Reflects New Delhi’s Changing Approach Epilogue News & Analysis
O
ne of the busiest and most sought after retired bureaucrats of country, Narendra Nath Vohra when took over as Governor of Jammu and Kashmir on June 25, he brought along two remarkable changes –a change of mindset at the Kashmir policy desks of New Delhi and a consequential civilian outlook to the J&K Raj Bhawan. Vohra's taking over as Governor marked the end of an 18-year-era of “defensive outlook of the Raj Bhawan”. After Jagmohan's unceremonious exit just few months after he had taken over as Governor for second term in 1990, the Raj Bhawans in Jammu and Srinagar continuously remained occupied by retired military Generals and intelligence officers. Without going into roles of these Governors, one notices a change of New Delhi's Kashmir policy in appointing Vohra to the highest post in J&K. The Governors from the Army and Intelligence background had symbolization that all is not well in Jammu and Kashmir. Appointment of a Governor with civilian background reflects that New Delhi is ready to cut down the Army role. Replacing Lt Gen (retd) SK Sinha, Vohra takes over as Governor when state is fast approaching close to the assembly elections. There are challenging tasks ahead for the new Governor who has already been greeted with violent situation both in Srinagar in Jammu. Though he tried to tackle the first challenge well by handing over the
Amarnath Pilgrimage affairs to the state government but the move has back fired. Another major challenge before new Governor is the present political crisis in which Chief Minister Ghulam Nabi Azad is required to prove his majority on the floor of the House, following withdrawal of support by the
ally Peoples Democratic Party. The way he has tried to handle the situation during his first four days at Raj Bhawan gives a feeling that Vohra will further elevate the prestige of Raj Bhawan. Government of India's chief interlocutor on Kashmir since February 19, 2003 Vohra brings with him rich and varied experiences. Educated at the Punjab and Oxford Universities, Vohra is a former member of the Indian Administrative Service (1959-94).
Epilogue Ø 6× July 2008
During his tenure with the Government of India he served as Secretary D e f e n c e Pr o d u c t i o n , D e f e n c e Secretary and Home Secretary. On retirement in 1994, Vohra was recalled to serve as Principal Secretary to the Prime Minister in 1997-1998, Member, National Security Advisory Board (1998-2001); Chairman, National Task force on Internal Security (2000); Chairman, Institute of Defence Studies and Analysis Review Committee (19992001); Chairman, Military History Review Committee (2001-02); CoChairman, India-EU Round Table (2001). Vohra also served as Director, India International Centre (1995-1997; 1998-2003). In February, 2003, he was appointed as the government of India's interlocutor for Kashmir by the Prime Minister, Atal Behari Vajpayee. Even though he had stepped down from this assignment in May 2004 when Vajpayee government lost power but the Manmohan Singh government allowed him to continue. He held several rounds of talks with the separatist leaders apart from the series of talks with the mainstream political parties and the representatives of various social and trade organizations. It is interesting to mention here that ever since his retirement from the highest bureaucratic echelons in 1994, Vohra has never remained free of official assignments even for a single day.
I N T E R V I E W CHANGE AT RAJ BHAWAN
‘I Would Like To Be Remembered For My Love For The People Of Kashmir’ Exclusive Interview With Zafar Choudhary Lt Gen (retd) Srinivas Kumar Sinha demitted the office of Jammu and Kashmir Governor on June 25 amidst a communally and regionally sharp controversy having Raj Bhawan at its Center. 84 years old Gen Sinha who had first served Jammu and Kashmir in 1947 as an Army Major, faced criticism and allegations of political bias. While many people in Kashmir, mostly the separatists, accused him of promoting an Indian design in Kashmir through Shri Amarnath Shrine Board of which he was the Chairman, the then ally of ruling coalition, the Peoples Democratic Party minced no words in saying that he is furthering a communal divide. Verily called as proactive Governor, Gen Sinha, according to contemporaries was perhaps the most misunderstood head of the state in Jammu and Kashmir. He would frequently visit shrines and even got many of them repaired but still earned the charges of communal bias. In an exclusive interview to EPILOGUE, on the eve of demitting the Raj Bhawan (the only interview he gave to any media outlet before leaving J&K) Gen Sinha says that the only agenda he pursued during his five years at Raj Bhawan was the restoration of peace via promotion of Kashmiriyat.
How do you describe your five years as Governor of Jammu and Kashmir? At the time of demitting office I am happy that I was able to do what all I wanted to. However, it is different matter altogether whether I could accomplish that or not. During my stay as Governor, I wanted peace to return in Jammu and Kashmir, and according to me, the most important way of doing that was to promote Kashmiriyat. I did a lot of things in that direction but some people with vested interested always sought to create controversies. One major example of my initiatives to promote Kashmiriyat was the establishment of the Institute of Kashmir Studies at the University of Kashmir. I got Rs 4 Crores sanctioned for this institute from the UNESCO. In a high profile function, attended by top dignitaries from eight countries, we got this institute inaugurated by the President of India. Prominent among the dignitaries from eight South Asian countries included former Sri Lankan President and Prime Chandrika Kumaratunga; Gazanfar Khan, a senior cabinet Minister of Hameed Karzai government in Afghanistan, daughter of a famous Pakistani poet Fayaz Mohammad Fayaz; Editor of leading Pakistani daily the Dawn and other delegates from Bangla Desh, Nepal, Bhutan and Maldives. Such a composite gather never took place before in Kashmir. This essentially was to promote Kashmiriyat in entire South Asia. Such was the essence of this occasion that leader the Pakistan based Sufi musical band said they were in Kashmir to spread peace through musical jehad. You may also not that along with Amarnath pilgrimage every year, we (Shri Amarnath Shrine Board) organize a mega Sufi musical festival in Kashmir. This year it was the most elaborate
Epilogue Ø 7× July 2008
I N T E R V I E W CHANGE AT RAJ BHAWAN
event with participation of artists from Uzbekstan, Syria, Egypt and Pakistan. Famous Qawwals from Pakistan performed the play Bulle Shah –all these initiatives were aimed at spreading amity and brotherhood.
Ever since your taking over as Governor in 2003, you have been seen more in public and at projects than at Raj Bhawan. Can you please enlist your major contributions state as being a pro-active Governor?
But unfortunately, look at the events, how some people with vested interests doubt every initiative aimed at peace and create controversies out of nothing. You asked me about my experiences as Governor, I say, promotion of peace via Kashmiriyat was my main agenda all these years. I put best of my efforts as an individual but could not see the results as I had desired.
I have remained and loved remain among my people particularly their hour of crisis. This was my deep concern for the people which drove me out of Raj Bhawan to serve and help them. This question reminds of two natural disasters which saw me among my people.
Often quoting Gandhi and also in your own observations you have described Kashmir as a most secular land. At the time of your demitting office a controversy is raging across the state which essentially has communal colours. What, do you think, went wrong? As I already pointed above that there are certain vested interests threatening the secular fabric but secularism still remains dominant discourse in Kashmir. What Gandhi had tried to achieve was not only independence but also high values. Secularism was most dear to him. He would often say and prove that Hindus and Muslims are like his two eyes. In 1947 50,000 troops could not maintain order in Punjab but at the same time Gandhi single handedly handled far more serious situation in Calcutta. Gandhi was an icon of centuries. I am a small man. Even Gandhi failed to prevent partition of country. You can understand how I could have achieved as an individual.
Jammu). It was my understanding that people feel more confident when relief and rescue operation is led by a person while being with them and not supervised from somewhere else. I took a chopper flight for Srinagar but due to adverse weather we could not land there and had to return to Jammu. I was told that a more capable Air Force chopper was to fly from Chandigarh to Srinagar carrying essential supplies. I asked them to pick me up from Jammu. The Air Force people were hesitant in carrying me as there were no seats in the carrier chopper. However, the pilot offered seat of co-pilot and we reached Srinagar in the evening. The Valley was under thick snow carpet and we could not drive to the Raj Bhawan. I immediately took stock of situation; put the rescue and relief operations. I had to spend night at a Army formation but I was satisfied that people had a sense of relief and confidence.
In March 2005 there was an unprecedented snow fall in Kashmir Valley came to be known as snow tsunami. When the people of Kashmir were in the middle of a deep crisis with the Valley carpeted under snow and all supply lines snapped, the then Chief Minister Mufti Mohammad Sayeed was away in New Delhi inaugurating a photo exhibition. He had just returned from abroad and was perhaps wrongly informed by his aides about the prevailing situation. When somebody informed him about the situation, which had already taken huge human toll, the Chief Minister said that it was normal to have snow fall in Kashmir during winters. Leaving people almost alone in the crisis, the state Chief Secretary and Director General of Police were also camping with the Chief Minister in New Delhi. Kashmir division's Divisional Commissioner and Inspector General of Police were stranded in Jammu due to bad weather.
Later same year, I was on a tour of Uri area in North Kashmir. Our chopper lost balance while touching ground. We could not understand the reason and thought there may have been some technical problem. Meanwhile, I saw a tower in nearby fields coming down. It was the October 2008 devastating earthquake. After landing down, I immediately rushed to the effected areas along with Army officers and took up the rescue and relief operations. For next two months I kept my self closely engaged with the relief operations and ensured that not a single person dies of neglect.
I got frantic calls from Srinagar as people asked for help. I decided not to stay back at the Raj Bhawan (in
If my all these activities and engagements did not go well with some people I don't have any regrets.
Epilogue Ø 8× July 2008
I N T E R V I E W CHANGE AT RAJ BHAWAN
Another remarkable achievement which I would like to count is the improvement in security situation. When I had joined here as Governor in 2003, the average rate of killing in the militancy related incidents was 10 persons per day now this stands reduced to two persons. I can recall when I was sworn in as Governor on June 4, 2003 there were rifle fires quite audible in Srinagar City. There was violence. But I was more confident of the situation moving forward. For me the fundamentalism was a more serious concern than violence. I had dealt with similar situation earlier also –particularly during my term as Governor in Assam. As far as the development scene of the state is concerned, in past two and half years we have achieved what could not in past 60 years. I can not imagine a Chief Minister like our Ghulam Nabi Azad works. In a short span of time he has transformed Jammu and Kashmir into a sound development model. Could you please name one such thing, for which Gen Sinha would like to be remembered as Governor of Jammu and Kashmir? Well, I would like to be remembered for my love for the people of Kashmir. By now it is widely known that your tenure was marked with running differences of opinion with a major p o l i t i c a l p a r t y – t h e Pe o p l e s Democratic Party –and its leader Mufti Mohammad Sayeed who was your Chief Minister for close to two and half years. Any major reasons you would like to share on this confrontation. It is true that I never had cordial relations with him (Mufti Mohammad
Sayeed). From his party also there often come highly unbecoming statements. I would say that in politics you can criticize anyone to a limit but facts should not be twisted. In the controversy (ies) revolving around Amarnath pilgrimage, it is not only the Peoples Democratic Party but a cross section of people across Valley and an overwhelming majority of media is criticizing the way Shri Amarnath Shrine Board –headed by you as Chairman –is working. Could you please allay these confusions? It was disappointing but I would say that it has more of politics and politics always heat up in the election year. Unfortunately some vested interests are inciting communal passions for their own narrow ends. Some sections of media too are resorting to Yellow Journalism which is regrettable. Amarnath Yatra is a difficult pilgrimage and it has to be managed at the cost of several things. We have taken care of every aspect. There is absolutely no truth in what is being projected about the diversion of land to the Shrine Board. The land in question has been used for the yatra purpose for several decades now. We have had wanted to raise some temporary structures to offer some minimum facilities to the pilgrims. This proposal was with the government since 2004 and remained in several stages of consideration and examination for four years. I wonder why this controversy erupted all of sudden. The most unfortunate part of the controversy is that it has been given communal dimensions. There are some vested interests on both sides. You can see the case of Mahat Deependra Giri.
Epilogue Ø 9× July 2008
We sacked him from the Board and he went on level dozens of allegations. Using politics on sensitive affairs like religion is a strange game. The most unfortunate thing now we hear about you as Governor is that doubts are cast on your secular credentials. How do you react at this? Though I am hurt at some outbursts from some people but I don't see much into it. I quote J&K's Deputy Chief Minister and senior leader of Peoples Democratic Party, Muzaffar Hussain Baig as saying, “before leaving, the Governor has set the state on fire”. How do you respond to this statement from a person who has remained your Minister for nearly five years? It was most unfortunate and I am surprised to hear this. (Muzaffar Hussain) Baig had exceptionally good relations with me. He would frequently visit me at Raj Bhawan –usually out of courtesy – and often describe me as his father. It is strange to note his change of perception overnight. Now since you are leaving Jammu and Kashmir in a day, what are the feelings you are carrying home? I have a feeling of satisfaction that I was able to do what all I had wanted. There are many other things which I am now compiling in the shape of a book. Titles “Recall of Colours –Diary of a pro-active Governor” is a memoir of eleven years as Governor in Assam and Jammu and Kashmir. You will get to know my other observations in the book which should be out of press in a couple of months.
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Dangerous Politics Around 39 Hectares Of Land Zafar Choudhary
S
urviving several trying tests of times, Jammu and Kashmir has always stood by its secular values. Even the two decades of militancy which had the fighters drawn from a particular community could not engineer a communal polarization despite having a huge potential for it. With rare exceptions, the separatists respected the sentiments of those opposed to them and vice versa. When the state is fast returning to normality with a dominant discourse for resolution of all issues through dialogue the changing atmosphere is being pushed to a communal milieu. And at the heart of this avoidable controversy is a religious pilgrimage to a revered cave shrine in the South Kashmir Himalayas. This being an election year is offering all the necessary fuel to put the state on a communal fire which
Jammu and Kashmir has the history of resisting even at the time when entire sub-continent was burning with hatred. Raj Bhawan –the most decorated, respected and supposedly impartial place in any state –emerging as a party to the whole controversy further stirred a dominant sentiments in Kashmir Valley as people see an 'Indian plan' in it. After his five years tenure at the Raj Bhawan, Lt Gen (retd) SK Sinha before demitting the office of Governor earned worst criticism in Kashmir Valley. Attacks on the Raj Bhawan were so sharp that the Deputy Chief Minister Muzaffar Hussain Baig went to the extent of saying, “before leaving, the Governor has put Jammu and Kashmir on fire”. Contemporaries say that the Raj Bhawan never earned such criticism even in the time of Jagmohan as Governor who became a hate symbol in
Epilogue Ø 10 × July 2008
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the Valley for his hot pursuits to crush the uprising during his raging politico-religious controversy was yet to show desired controversial tenure of 1989 and then for few months in 1990. result of settling down passions in the Valley, the sentiments in When present issue of this magazine was being readied up for Jammu immediately began to boil seeing this as a surrender of printing, the Kashmir Valley was badly in the grip of violence. Raj Bhawan. Three youths had already been killed in retaliatory firing by security forces and The weeklong protests were rare in their more than 150 reported injured at In a bid to soothe the agitated terms of their spread across the length sentiments in Kashmir Valley, several places. and breadth of Kashmir Valley including First time ever in the history of any pilgrimage in the state, the Amarnath pilgrims had been attacked twice by the mobsters leaving eight of them injured. As the controversy assumed purely communal proportions, in Jammu the Hindu nationalist organizations like BJP, VHP, Bajrag Dal and Shiv Sena etc forced a shutdown and spilled over roads with offensive slogans and much offensive weapons in their hands. The Muslim minority in Jammu and the much miniscule Hindu minority in Kashmir had a reason to feel insecure in the prevailing circumstances.
the new Governor NN Vohra handed over the Amarnath pilgrimage affairs to the state government. By an act of state legislature enacted in 2000, the Amarnath pilgrimage is managed by the Shri Amarnath Shrine Board which is chaired by the Governor. While Governor Vohra's this move to get the Raj Bhawan rid of raging politicoreligious controversy was yet to show desired result of settling down passions in the Valley, the sentiments in Jammu immediately began to boil seeing this as a surrender of Raj
The main partner in the ruling coalition Peoples Democratic Party pulled out of the government engineering a state of instability. In a bid to soothe the agitated sentiments in Kashmir Valley, the new Governor NN Vohra handed over the Amarnath pilgrimage affairs to the state government. By an act of state legislature enacted in 2000, the Amarnath pilgrimage is managed by the Shri Amarnath Shrine Board which is chaired by the Governor. While Governor Vohra's this move to get the Raj Bhawan rid of
Blind Decision It all happened on May 20 when a meeting of the state cabinet approved diversion of a little over 39 hectares of land around Baltal in Sindh Forest division of Central Kashmir's Ganderbal district to the Shri Amarnath Shrine Board for creating facilities for the pilgrims. There were immediate reactions from the political groups. The
the rural areas. Kashmir Valley has a history of protests and shut downs but such responses mostly remained limited to the urban centers. This was first time that rural areas were equally involved. The Police and security forces felt helpless as mobs in tens of thousands went on rampage pelting stones on the chasing cops and vandalizing the public property. All efforts of Police top brass and civil administration to take the civil society seniors in confidence for amicable resolution of issue failed. Killing of three youth in Police firing drew almost every Kashmiri on the streets and for once, particularly after Friday prayers on June 27, the situated resembled to the one which prevailed in Kashmir Valley in early 1990s. Standing atop any building at the historic Lal Chowk one could see nothing else than thousands of heads as slogans of Azadi rented the air. Within next few minutes a dozen of youth climbed the clock tower –Central Kashmir's most legendary hallmark –unfurling the green flags at its top. These green flags have many interpretations –symbols of Islam or affection for Pakistan. Your guess is as obvious as ours.
earlier reactions came from the Kashmir's press raising concerns over the fragile ecology of area. Home to glaciers, this area has a precarious ecology and the environmentalists and geologists have voiced concerns over human activity there. Any construction of permanent structures in the area has always been fraught with dangerous ecological consequences. Interestingly, taking care of all environmental
Epilogue Ø 11 × July 2008
safeguards the state government's order of land diversion clearly mentions that no permanent structures are allowed to be constructed in this piece of forest land. However the pictures released by Action Committee on land transfer clearly show at least half dozen concrete structures having come up near Baltal. The Amarnath Shrine Board had acquired this land for raising prefabricated structures for facilities of
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the pilgrims during the two month long pilgrimage. But the Raj Bhawan and state government failed to project these safeguards and actual nature of use of land thus allowing all to draw their own inferences. From Raj Bhawan to Civil Secretariat no one is ready to own up these structures. Not only this, both the Governor and Chief Minister have been repeatedly claiming that no concrete structure has been reaised on the controversial land. The spot pictures tell a different story which contradict both and further fuel the protest. Without doubting the Governor and the CM one can atleast conclude that they are not properly informed about actual position of land at Baltal. Separatists came in strong opposition of the move. The transfer of Kashmir's land to the SASB headed by the Governor had such strong repercussions of resistance that several separatist outfits buried their wide ranging differences carried on for years and joined hands to oppose the move. It was first time in five years that leaders of two factions of All Parties Hurriyat Conference –Syed Ali Shah Geelani and Mirwaiz Umar Farooq –were seen together. The controversy just stopped short of uniting all separatist outfits under a single umbrella organization as was the case in early 1990s. However, the separatists formed a joint action committee, Action Committe on Land Transfer (ACLT), which piloted protests across the Kashmir Valley. The opposition to the land transfer continued at the political level for nearly a month and violent protests erupted only after the pilgrimage actually commenced on June 18 and the media pictures showed some concrete structures like boundary walls coming up on the controversial land.
PDP’s role : In proposing and opposing land transfer As learnt from the official records and file noting of three years, the Peoples Democratic Party had all along been a party to allotment of land to the Shri Amarnath Shrine Board. It was actually in 2004 when the Shrine Board put a proposal before the government
Taking advantage of the violent opportunity, the National Conference stepped ahead of even the separatists to denounce the land diversion. NC president Omar Abdullah conveniently ignored that it was his party which had created the SASB. His father and them CM Dr Farooq Abdullah is on record having said on October 19, 2000 (when SASB bill was being debated in Upper House of legislature) that Board will raise permanent structure for facilities of pilgrims requisitioning forest land for creating facilities for the pilgrims. The cabinet which decided the transfer of land to SASB had Ministers from both PDP and the Congress. When the public outcry broke out in the Valley, the PDP sought to wash its hands off and shifted all blame on the Congress ignoring the fact that since 2005 the Forests Department, owner of the said land, had remained with the PDP's Minister in the Cabinet. At a press conference on June 25, the Chief Minister Ghulam Nabi Azad released a document carrying full background of the land transfer case. According to the document the Shri
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Amarnath Shrine Board had put proposal before the government for acquiring land way back in 2004. In 2005, a piece of land was promptly sanctioned to the Board but soon after the then Forest Minister Sofi Ghulam Mohiuddin (an independent legislator) rolled it back on the grounds that some technical requirements had been overlooked. However, the proposal was revised and again put before the Forest Department. In November 2005, PDP's Tariq Hameed Karra took over as Forest Minister and in August 2006 the department was handed over to Qazi Mohammad Afzal, also of PDP. From 2005 to 2008, the proposal remained at various stages of discussions, considerations and technical examination. The Cabinet in its meeting on July 25, 2008 –attended by all PDP members –approved transfer of 39.88 Hectares of land to the Shri Amarnath Shrine Board after the proposal had been duly approved by the Forest Department headed by Qazi Mohammad Afzal and Law Department headed by Muzaffar Hussain Baig –both from the Peoples Democratic Party. The PDP, however, upped the ante against the land diversion only when it saw entire Kashmir Valley standing against the land diversion decision. There was apparently an imminent threat to its constituency. Skirting all the questions as how its Ministers allowed to it happen, the PDP trained guns at the Chief Minister and Raj Bhawan on the issue. Pulling out from the government had become all the more politically compulsive for the PDP when the angry protests in Kashmir Valley held PDP equally responsible with Congress and the Shrine Board. The following backgrounder details a complete sequence of events on the transfer of land to Shri Amarnath Shrine Board.
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region. These glaciers constitute 13 per cent of the state's total land and if allowed to assume strength year after year we can generate 80,000 MWs of electricity.
Question of Ecology Experts on glaciology have always fear rapid environmental degradation, ecological “imbalance” and adverse impact on the Nehnar glacier, situated at a height of 3700 metres to 4200 metres around Baltal in northern Kashmir if the Baltal route was allowed to be used by pilgrims to Amarnath cave, abode of lord Shiva and his consort Parvati. According to Prof M.N. Kaul, who has served as Principal Investigator on glaciology in the Department of Science and Technology “the ecology, the environment and the health of the glacier can be under severe threat in case the Baltal route to the holy cave was frequented by thousands of pilgrims.” Today there are 6500 glaciers in the Himalayan regions in India and out of that 3136 glacier are in the mountain belt of Jammu and Kashmir, most of them in the Ladakh
Kaul, who remained Head of the Department of Geography in Jammu University before joining the Department of Science and Technology, has carried out research on glaciers. He said heavy pilgrim traffic besides mountain expeditions result in depletation of glacier and environmental degradation. He explained that “this depletion and degradation are the result of human breath, refuse and land erosion.” When snow turns into ice it allows galcier to gain weight and size. The top of the glacier is called accumulation zone and the base the abelation which register evaporation and melting owing the human ingress and global warming. Since the inception of militancy in Jammu and Kashmir in 1989 no field study on the behaviour of the glaciers in the Baltal area and other belts of Ladakh has been done because the experts could not work under stress and scare of militant activities.
Background
elements during the winters and also provide shelter to the pilgrims incase the weather turned hostile during the course of the Yatra. The need for such structures was reinforced in 1996 when a very large number of pilgrims died during a blizzard lasting 4 days. Thereafter, some structures in the form of toilets and sarais were put up at vulnerable points enroute the Shrine.
The pilgrimage to the Holy Shrine of Amarnath has been going on for centuries. The local population had always taken an active role in helping the pilgrims in performing the pilgrimage. The State Government also had been involved in making arrangements for the pilgrimage. Indeed, the Deputy Commissioner of the erstwhile Anantnag District used to be designated as the Yatra Officer and was made responsible by the Government for the smooth conduct of the Yatra.
Formation of Shrine Board In order to institutionalize the arrangements for the smooth conduct and management of the pilgrimage to the Holy Shrine of Amarnath the State Legislature passed the Jammu & Kashmir Amarnath Shrine Act 2000. The Bill had been piloted by the Tourism Department pursuant to the Cabinet
Need for permanent structures With the passage of time, it was felt necessary to build sufficiently strong structures enroute the Holy Shrine which could withstand the fury of the
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Let facts be facts BGSBU not on forest land; in fact land turned into forest When war breaks out truth is always the first casualty. What is happening in Jammu and Kashmir these days, following transfer of land to Amarnath Shrine Board, is purely the war of vested political interests and communalism. To give a communal colour to an issue of ecological concerns, several responsible political leaders and even much responsible media persons have questioned the allotment of land to the Baba Ghulam Shah Badshah University to justify the diversion of forest land to Amarnath Shrine Board. They question the silence of environmentalists and other passionate agitators transfer of 'forest land' to Baba Ghulam Shah Badshah University at Rajouri.
decision no. 182/16 dated October, 10, 2000. Amarnath Shrine Act received the assent of the Governor on November, 14, 2000 and the Act was enforced vide notification SRO 54 dated February, 12, 2001 with effect from February, 21, 2001. Demand for land A Project Report was received by the State Government in the Forest Department dated October, 15, 2004 from the CEO Amarnath Shrine Board requesting for the transfer of 3642 kanals of Land for 7 halting places on the Baltal Amarnath Shrine and Chandanwari Amarnath Shrine routes. The matter was examined in the Forest
The university is funded by Wakfs has Chief Minister as its chancellor and therefore such questions whether from politicians or media persons, have clearly communal overtones. The fact of the matter, however, is that not even a single inch of forest land stands transferred to the BGSB University. When the government was looking for land in 2004, a forest land had first come to mind. However, the idea was dropped even before putting it on any paper. The than project Director of the University, who later took over as first Vice Chancellor, Masud Chaudhary parleyed with the local people to acquire their private land. Out of the 6000 kanals of land over 90% was the ownership property of local people.
Department at various levels and the case was finally submitted to the Minister by the Principal Secretary of the Forest Department recommending that the proposal be approved. The Minister of Forests and Environment recorded his decision on March, 28, 2005 as under :“If there is no violation of the J&K Forest (Conservation) Act 1997 and the Cabinet decision regarding diversion of Forest Land, the proposal at para 13 & 14 of the departmental note file is approved with the conditions laid down in para m ante of the file.” The Forest Department then issued a Government Order no. 148-FST of 2005 dated March, 29, 2005 granting permission to Amarnath Shrine Board
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The university had offered to pay for the land but the local owners preferred to donate at VC’s behest. Leave aside the perceptions of forest land, the BGSB University offers a unique model of land acquisition with voluntary community participation which could have been replicated in places like Singur and Nandigram. The remaining portion of land belonged to the state as non forest nazool land and was subsequently bought at the prevailing rates. It is also interesting to mention here that the land under BGSB University Campus was a barren hillock which in last two years has been converted into a look like of forest with plantation of two lakhs of plants. Country's one of the best biodiversity park is now at BGSB University.
for using the Forest Land for constructing prefabricated structures for Yatris in compartment No. 21/AC. 8/AC. 6/AC of Lidder Forest Division and compartment No. 62 of Sindh Forest Division. In the meanwhile, it was learnt that some people had already agitated the matter before the High Court of J&K vide OWP No. 732/2004 in Rampal Bathonia Vs. State. The High Court on April, 15, 2005 ordered as under :“Since the Board intends to upgrade the infrastructure across the tracks and at different places, the State shall, immediately permit the use of Forest Land by the Board, if not already allowed, to enable it to carry out the developmental activities for the benefit of the Yatris. I am informed that Forest Department has already granted permission to the Board for the purpose”.
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Amarnath Pilgrimage : Legend And Faith Reportedly 5000 years old, the cave shrine of Amarnath, in South Kashmir Himalayas, finds mention in ancient Hindu texts. It is said that a Muslim family of Gujjar shepherd discovered cave in which a saint gave him a bag of coals which turned into gold coins. This had the village excited leading to belief that the cave is the home of lord Shiva. Another legend says that a Hindu rishi, Kashyap drained the lake of Kashmir and found the cave along with the lingam (stalagmite) in it. The recent history of pilgrimage dates back to some 160 years. Local
Court's opinion The State Government went in appeal to the Division Bench of the High Court. The Division Bench vide its interim directions on May, 17, 2005 ordered as under :“The land to be allotted by the Board would be only for the purposes of user and would remain limited for the duration of Yatra. The Board shall also identify the sites to be allotted for the purpose of Langar, erection of detachable/prefabricated Huts and toilets etc. which would not be permanent in nature and are liable to be removed after the period of Yatra is over. The Board shall identify the person/agency to whom the site would be allotted so as to enable the State Government to screen the antecedents of the said person/agency. Incase the State Government may have any valid objections in regard to any of the person or agency then permission shall not be granted to the person/agency and in
Muslims playing host to the pilgrims made it one of the most secular p i l g r i m a g e o f t h e c o u n t r y. Stalagmite in the holy Cave is a popular pilgrimage destination for Hindus - about 400,000 people visit around the festival of Shravani Mela in July-August, coinciding with the Hindu holy month of Shravan. Devotees generally take the 42 km pilgrimage on foot from the town of Pahalgam, about 96 km) from Srinagar, and cover the journey in four to five days. There are two alternate routes to the temple: the longer and more traditional path from Anantnag,
that eventuality the Board shall make alternate arrangement.”
The weeklong protests were rare in their terms of their spread across the length and breadth of Kashmir Valley including the rural areas. Kashmir Valley has a history of protests and shut downs but such responses mostly remained limited to the urban centers. This was first time that rural areas were equally involved Earlier, on May, 5, 2005 the Chief Conservator of Forests, Kashmir had sought a clarification from the Principal Chief Conservator Forests J&K whether the Land was to be allowed to be used by the Amarnath Shrine Board free of cost or on royalty basis. The Principal Chief Conservator of Forests J&K referred the matter to the Government for Orders.
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and the shorter route from Baltal (see map on Page 17). According to legend, lord Shiva is said to have recounted to Parvati the secret of creation in the Amarnath cave, and this has since become the sight of major annual pilgrimage. However, unknown to Shiva and Parvati, a pair of mating pigeons eavesdropped on this conversation and having learned the secret, are reborn again and again, making the cave their eternal abode. Many pilgrims report seeing the pair of pigeons when they trek the arduous route to pay obeisance before the icelingam, the phallic symbol of Shiva.
Controversy On receipt of the letter dated May, 20, 2005 from the Principal Chief Conservator of Forests J&K, the matter was re-examined. After reexamination, the following observations were made by the Commissioner/Secretary Forests and the case was submitted to the Minister for Forest on May, 20, 2005 :“It is apparent that the Government Order issued is not fully in the same spirit as the order passed at para 15. Same shall be withdrawn as proposed. The PCCF shall be asked to process the case on overriding priority basis under the relevant provisions of the Forest Conservation Act and Cabinet decisions on the subject. A fresh order shall be issued after the required procedure is followed (expeditiously) and all aspects, including the applicable Court directives, are taken into account”. The Forest Minister then approved that
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the Government Order No. 148 FST of 2005 dated March, 29, 2005 should be withdrawn. Accordingly, Government Order no. 210-FST of 2005 dated May, 20, 2005 read with corrigendum dated May, 20, 2005 was issued withdrawing the earlier Order. In the meanwhile, the Chief Secretary had received some complaints against Government Order no. 148-FST of 2005 dated March, 29, 2005. The Chief Secretary on May, 21, 2005 advised the GAD to call for the file of the Forest Department and examine the matter. The GAD called for the file of the Forest Department and reexamined it. The re-examination of the case revealed the following :The provisions of the Forest (Conservation) Act had been violated as the proposal was not considered or placed before the Forest Advisory Committee / Cabinet for orders. Unnecessary haste was shown to allow SASB to utilize the said Land. The Minister of Forests was not advised properly and his observations were not considered before issuing the Government Order no. 148-FST of 2005 dated March, 29, 2005 granting permission to the SASB for using the Forest Land for non forestry purposes. There were no compelling reasons for the Forest Department to issue the impugned Order. Governor writes to Government In the meanwhile, H.E. the Governor sent a message to the Council of Ministers on May, 25, 2005 under section 44(c) of the Constitution of J&K urging it to re-consider the decision to withdraw Government order no. 148-FST of 2005 dated March, 29, 2005.
The cabinet considered the message from H.E. the Governor in its meeting held on June, 7, 2005 and vide its decision no. 109/8 decided as under :“Cabinet desired that the copy of the reference from H.E. the Governor and the memorandum of the Chief Minister be circulated among all the Cabinet Ministers and the matter be discussed in the next Cabinet Meeting. – Memorandum of the Chief Minister and the message from H.E. the Governor annexed herewith.”
As learnt from the official records and file noting of three years, the Peoples Democratic Party had all along been a party to allotment of land to the Shri Amarnath Shrine Board. It was actually in 2004 when the Shrine Board put a proposal before the government requisitioning forest land for creating facilities for the pilgrims. The cabinet which decided the transfer of land to SASB had Ministers from both PDP and the Congress There is no record to indicate whether the matter came up before the Cabinet for discussion as desired by it. Fresh survey and expert opinion The case then remained under correspondence between the office of the PCCF and the Amarnath Shrine Board. The Land was jointly surveyed to assess the requirement of the Amarnath Shrine Board on the Baltal Amarnath Shrine axis in the first instance. As a
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result of the Joint survey an area of 39.88 hectares was recommended for being diverted for non forestry purposes for the use of the Amarnath Shrine Board in 2007. The Forest Land measuring 39.88 hectares fell under compartment no. 63a/Sindh, in Block Kullan, Range Sindh, Sindh Forest Division. The land was recommended for being used for raising prefabricated structures only for camping purposes of pilgrims, without going in for permanent structures at Baltal and Domail. The matter was placed before the Forest Advisory Committee, which is headed by the Chief Secretary and has among others, the Principal Secretary of the Forest Department, Principal Secretary Planning and Development Department, Commissioner/Secretary Finance Department, the Principal Chief Conservator Forests, the Chief W i l d L i f e Wa r d e n , F i n a n c i a l Commissioner Revenue, Director Soil Conservation Department, Director Environment and Remote Sensing Department, Sadiq Ali Ex-MLA, Dr. S.P.S Datta Ex-HOD Department of Environment Jammu University as Members. Conservator Working Plan and Research Circle is the Member Secretary. Commissioner/Secretary Law had been invited as a special invitee for this meeting. The Committee was initially supposed to meet on June, 28, 2007 but the meeting had to be postponed due to the visit of the Pa r l i a m e n t a r y C o m m i t t e e o n Environment. The meeting was finally held on July, 12, 2007. Since the proposed area was adjacent to the Thajwas sanctuary the Advisory Committee sought the opinion of the Chief Wild Life Warden. The Chief Wild Life Warden informed the Committee
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that he had already submitted his report under no. WLP/Tech/1971/07 dated June, 11, 2007 after spot inspection on May, 27, 2007. The relevant portion is reproduced as under:“It was noticed that the proposed site for construction of Amarnath Shrine Board Complex, falling in the compartment 63(s)/Sindh/Kullan is located on the right side of Sindh rivulet. The proposed complex does not seem to have any significant impact on the ecology of Thajwas Wild Life Sanctuary. The apprehensions of DFO Sindh and Wild Life Warden, Central, that the said complex may have adverse impact on the Wild Life sanctuary appeared to be 'Over Cautious' and environmentally conservative approach. It is also given to understand that the Amarnath Shrine Board is using prefabricated structures as such likely pollution due to discharge of muck and garbage etc. should not be significant.
It is presumed that Amarnath Shrine Board will take necessary environmental safeguards as applicable for such development Projects.” In view of the above report of the Chief Wild Life Warden, the Forest Advisory Committee cleared the diversion of the requisitioned Forest Land to the Amarnath Shrine Board on the standard terms and conditions of the Government.
expeditiously. The Supreme Court had stated that it would thereafter, examine each clearance and decide whether to grant or not to grant the approval thereto.” The Forest Department requested the Law Department on June, 4, 2007 to give its opinion on whether this order of the Supreme Court dated April, 27, 2007 was applicable to the State of Jammu and Kashmir. The Law department opined on July, 16, 2007 as under :-
Legal confusion Earlier on April, 27, 2007 in the case titled T.N. Godavaraman Vs. Union of India and Others the Supreme Court had directed that “all cases where clearance was given by the Forest Advisory Committee should be placed before the Supreme Court for approval …. A copy of the clearance should also be given to the Central Empowered Committee (CEC) so that CEC would give its response to the clearance
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“The order of the Supreme Court dated April, 27, 2007 is with regard to the Forest Conservation (Central) Act, and rules framed thereunder. The said Act is not applicable to the State as Forest continues to be in the State List. Earlier, similar case was examined and vide DO no. LD(Opn) 2006/77-FST dated March, 6, 2007 the Department was advised to move an application before the Court to the effect that Forest Conservation Act, 1990 (Central Act) is not applicable to
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the State. The State has its own Forest Act as well as Forest Conservation Act 1997 and seek clarification from the Court. The department is advised to pursue the said matter vigorously with the Supreme Court and await clarification in the matter.” The Forest Department then incorporated the view of the Law Department on the subject and prepared a memorandum for submission to the Cabinet. After obtaining the approval of the Minister for Forests on July, 17, 2007 the Forest Department referred the memorandum to the GAD for placing the matter before the Cabinet. The GAD returned the file to the Forest Department on August, 1, 2007 requesting them to intimate whether the Supreme Court has passed any Order in the case titled T.N. Godavarman Vs. Union of India and Others on July, 20, 2007, i.e. the date when the case was listed for hearing. Meanwhile, the Principal Chief Conservator Forests (PCCF) vide his letter no. PCCF/FC/GEN./5/106 dated July, 21, 2007 had approached the Central Empowered Committee constituted by the Supreme Court regarding clarification about the aforesaid order of the Apex Court. The Central Empowered Committee vide their letter no. 1/26/CEC/SC/2007-Pt. XXIII dated July, 26, 2007 opined as under :“The non forest use of the Forest Land falling within the State of Jammu & Kashmir is governed by the provisions of the Jammu & Kashmir Forest (Conservation) Act, 1990 and not by the Forest (Conservation) Act, 1980. In view of the above the CEC is of the view that the Supreme Court's order dated April, 27, 2007 regarding the functioning of
the Forest Advisory Committee constituted under section 3 of the Forest (Conservation) Act, is not applicable in respect of the proposals examined by the State Level Advisory Committee constituted under the Jammu & Kashmir Forest (Conservation) Act, 1990 as amended from time to time”
The cabinet which decided the transfer of land to SASB had Ministers from both PDP and the Congress. When the public outcry broke out in the Valley, the PDP sought to wash its hands off and shifted all blame on the Congress ignoring the fact that since 2005 the Forests Department, owner of the said land, had remained with the PDP's Minister in the Cabinet Deputy Chief Minister's approval The Forest Department again sought the advice of the Law Department on the opinion of the CEC on August, 4, 2007. The law department advised on September, 24, 2007 as under :“The views of the Central Empowered Committee regarding the applicability of the orders of the Supreme Court is their opinion. The said opinion confirms the views of this Department. However, it would be safe, as advised earlier to bring the legal position in the notice of the Supreme Court and seek their clarification as the State has its own Forest (Conservation) Act of 1990.”
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The Forest Department, thereafter, considered it appropriate to seek the opinion of the learned Advocate General in the matter. Accordingly, the matter was referred to the learned Advocate General for advice on October, 5, 2007. The learned Advocate General opined as under on November, 8, 2007 :“I have gone through the order dated April, 27, 2007 passed by the Supreme Court. Since neither the Forest (Conservation) Act of 1980 nor Forest (Conservation) Rules made there under are applicable to the State of J&K. J&K Sate is governed by the J&K Forest (Conservation) Act 1997 and Forest (Conservation) Rules 2000. The Forest Advisory Committee has been constituted under the aforesaid Forest (Conservation) Rules. Therefore, the order dated April, 27, 2007 does not have any applicability with respect to State of Jammu & Kashmir in as much as since the Forest (Conservation) Act of 1980 and the Rules made there under are not applicable to State of J&K. More so, a communication issued by the CEC on July, 27, 2007 which is on file had clarified that the order of the Supreme Court dated April, 27, 2007 regarding the functioning of the Forest Advisory Committee under section 3 of the Forest (Conservation) Act is not applicable in respect of proposals examined by the State Level Advisory Committee constituted under the J&K Forest (Conservation) Act of 1997. It is as such advised that order dated April, 27, 2007 does not pertain to J&K State and proposals in J&K have to be examined by the Forest Advisory Committee constituted under the J&K Forest (Conservation) Act of 1997 and Rules made there under.” Thereafter, the recommendations of
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the Advisory Committee along with the views of the Law Department and the learned Advocate General were placed before the Minister for Forest and Environment on November, 21, 2007. The Minister of Forests and Environment approved the submission of the proposal to the Cabinet on January, 3, 2008. The matter was then examined in the General Administration Department (GAD). The GAD again returned the file on February, 4, 2008 to the Forest Department with the remarks that it should be placed before the Deputy Chief Minister in view of two different opinions given by the learned Advocate General and the Law Department. The Forest Department then placed the matter before the Deputy Chief Minister (Minister in charge of Law) on February, 5, 2008. Deputy Chief Minister opined as under on February, 6, 2008 :“There is no material difference between the opinion of the learned Advocate General and that of the Law Department. Law Department, by way of abundant caution, seeks to obtain clarification of the Supreme Court. I concur with the view of the Central Empowered Committee and the learned Advocate General.” Forest Minister's approval
Warden vide Govt. order no. 108-FST of 2008 dated Marcy, 17, 2008 to examine the feasibility of diversion of Forest Land, viz a viz Wildlife perspective for various developmental activities including construction of Roads in Baltal – Ranga – Domail area of Ganderbal District as requested by Amarnath Shrine Board. The Committee submitted its report vide letter dated May, 7, 2008. The relevant extract of the Committee's report is reproduced as under:“The proposed camping sites of Amarnath Shrine Board (SASB), complex comprising 39.88 hectares of Forest Land (30.88 hectares at Baltal and 9 hectares at Domail) fall in the Forest Compartment no. 63/Sindh of Sindh Forest Division, Forest Department. These proposed camping sites are located on the right side of the Sindh River. The camping sites do not involve any area of Thajwas Wild Life Sanctuary, which is located on the left side of River Sindh. The Forest Compartment no. 63/Sindh and Thajwas Wild Life Sanctuary are divided by the Sindh River. The representative of SASB informed that SASB will be using prefabricated structures for the camping purpose of the pilgrims and will not go for construction of permanent structures.”
incharge of Law) and the report of the Committee constituted vide government order no. 108/FST of 2008 dated March, 17, 2008 the Forest Department felt that diversion of 39.88 hectares of Forest Land to Amarnath Shrine Board at Baltal/Domail be agreed only for raising prefabricated structures for camping purposes of pilgrims without going in for construction of permanent structures, after taking all possible environmental safeguards in consultation with the State Pollution Control Board prior to them being put to use by the pilgrims to ensure that no damage is caused to the ecology of the area. The matter was then submitted to the Minister for Forests and Environment. In view of the recommendation of the Advisory Committee, the opinion of the Law Department, the opinion of the learned Advocate General, the opinion of the Deputy Chief Minister (Minister incharge of Law) and the report of the Committee constituted vide Govt. order no. 108/FST of 2008 dated March, 17, 2008, the Forest Minister cleared the proposal of diversion of 39.88 hectares of Land to Amarnath Shrine Board and approved its placement before the Cabinet for consideration on May, 17, 2008. Cabinet Approval
After obtaining the opinion of the Deputy Chief Minister (Minister in charge of Law) the Forest Department resubmitted the case to the Cabinet. The matter was brought before the cabinet on February, 26, 2008. The Cabinet deferred the case along with a few other proposals for diversion of Forest Lands for non Forestry purposes. Subsequently, the Forest Department constituted a Committee under the Chairmanship of the Chief Wild Life
“The Committee also recommends that Amarnath Shrine Board should take all possible environmental safeguards in consultation with the State Pollution Control Board to ensure that no damage is caused to the ecology of the area.” In view of the recommendation of the Advisory Committee, the opinion of the Law Department, the opinion of the learned Advocate General, the opinion of the Deputy Chief Minister (Minister
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The Cabinet, on May, 20, 2008, vide its decision no. 94/7 approved the proposal of the Forest Department for diversion of 39.88 hectares of Forest Land to Amarnath Shrine Board at Baltal and Domail and Government Order No. 184 FST of 2008 dated May, 26, 2008 was issued containing the terms and conditions for the use of the Forest Land by Amarnath Shrine Board.
S E C U R I T Y NAXAL VIOLENCE
Understanding The Naxalite Movement : A Unique Report Devyani Srivastava
A
nalysis of the bourgeoning Naxal movement in India has often pitted itself through the security versus development framework, with an implicit assertion of the need to strike a balance between the two. Media reports, independent analysis, government accounts (mainly the MHA status reports), human rights organization's reports, and books by observers of the movement have each studied different aspects of the movement separately ranging from its historical genesis to its unique characteristics in the Naxal-affected states to its strategies and tactics. A comprehensive study of the causes and success of the Naxalite movement, particularly of its current phrase, has been missing from this repository of information. The Planning Commission's report successfully fills this lacuna. An Expert group was set up by the Planning Commission on “Development Issues to deal with the causes of Discontent, Unrest and Extremism” in May 2006 headed by D Bandopadhya, a retired IAS officer known for implementing land reforms in West Bengal. Its other members ranged from S R Sankaran, head of the Committee of Concerned Citizens in Andhra Pradesh, Prakash Singh, former DGP of Uttar Pradesh, Ajit Doval, former director of Intelligence Bureau, BD Sharma, a retired bureaucrat and activist, Sukhdeo Thorat, UGC chairman and K Balagopal, a human rights lawyer. The task set out before the committee was to “identify
processes and causes contributing to continued tensions and alienation in the areas of unrest and discontent…” in the background of mounting Naxal activities in Andhra Pradesh, Chhattisgarh, Bihar, Jharkhand, and Orissa. Through a series of meetings and couple of field visits, the report prepared by the committee accomplishes its objective in full spirit, and provides a comprehensive, insightful and a sensitive account of the Naxal movement. The most distinguishing feature of the report is its systematic deconstruction of the structural and historical injustices of the social and economic systems that has created space for the growth of the Naxalite movement. It therefore studies the various factors leading to unrest such as social and political discrimination of Dalits and Adivasis (comprising 16 per cent and 8 per cent of India's population respectively), lack of access to basic resources such as land and forests, and displacement of people from their land, through the lens of deep rooted social, cultural and economic practices. This explains why the various measures taken by governments, irrespective of party affiliations, have fallen short of ameliorating the conditions of the deprived. The health status, the literacy rate, and access to electricity in Scheduled areas are found to be far worse than that of other sections of society. The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, envisaged to
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penalize discrimination, has not been actualized to its full potential. Even the empowerment of the local bodies as envisaged by the 73rd amendment to the Constitution remains a mere promise. The social alienation of the deprived classes has been further compounded by the development paradigm pursued since Independence. Its emphasis on “modernization and mechanization, export orientation, diversification to produce for the market, withdrawal of various subsidy regimes and exposure to global trade,” has further hurt the poor in many ways. Through such an approach, the authors deviate from previous accounts of the movement in that they vest the responsibility of the rise of extremist movements such as the Naxalite on the society as a whole, and not just the government. While they rightly recognize that not all pockets of tribal communities or Dalit population have seen Naxalite influence, they go on to uphold that “the negative attitude engendered by the social culture needs to be filtered out before what is genuine can be seen and remedied.” Another commendable feature of the report is its critical assessment of both the Naxalites and the government. While it holds the police accountable for the indiscriminate use of TADA/POTA against landless poor fighting for their land, it also charges the Naxalites for committing excesses
S E C U R I T Y NAXAL VIOLENCE
against landlords for political reasons instead of the extent of their landholdings. While it applauds the Naxalites for providing assistance to the victims of enforced migration caused either by irrigation/mining/industrial projects or by social oppression, it also highlights the limitation of the recently enacted Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (w.e.f. 1 January 2008) in granting protection to tribes not included in a particular state's scheduled tribe list. As a result, an internally displaced tribe such as the Samantha in Orissa will get no protection in Andhra Pradesh since they are not recognized as a scheduled tribe by AP. Similarly, while the authors argue that the contribution of the Naxalite movement has been significant in ensuring the deliverance of basic services by the administration such as improvement of roads, school buildings, and most importantly, resolution of dispute through their People's Court, they also recognize that the Naxalites are not able to completely replicate the functions of the government even in areas controlled by them, thereby, leaving the dissatisfaction among a section of the people intact. By digging into the arguments of both sides, the report unravels the various dilemmas surrounding the issue, rising above, in turn, an impassioned critique against either side. Placing the growth of the Naxal movement in the context of “social conditions and experience of people who form a part of it,” the need to strive for social justice and equality underpins its recommendations to address the challenge. Be it effective implementation of legislations such as the above mentioned Forest Dwellers Act, the landmark NREGA or the National
Rehabilitation and Resettlement Policy, 2007; better coordination between different government programmes (including the Backward Region Grant Fund); or the proposal to engage with the Naxals in talks, the main emphasis of the authors is to win the confidence of the alienated people by tuning the state's policies with the interest of the deprived. Their call to view the Naxal movement as “a political movement with a strong base among the landless and poor peasantry and adivasis” is particularly pertinent in understanding that while social and economic deprivations provide fodder to the movement, the basic goal of the Naxal movement is to overthrow the state government and usurp power. Thus, while it is the prime responsibility of the state to remove the basic causes of discontent and protect its people from violence, the methods that it uses to achieve this are equally important, and are what will set it apart from the extremists. Therefore, security-centric approaches such as creation of vigilante groups like Salwa Judum in Chhattisgarh and the use of draconian anti-terror laws only further distance the people from the state and reinforce the perception of the state as an inherently violent entity. It is very crucial for the government to ensure that its image as the sole protector of the people does not get tarnished in the process. Ultimately, as the report concludes, the first pre-requisite for ensuring a life of respect and dignity for the people is to sensitize the administrators to the conditions of the poor; mere provision of laws will not suffice; it is important to ensure that their implementation is not appropriated by the dominant sections. It is very important, therefore, for the state and central governments to take cognizance of this unique report.
Epilogue Ø 21 × July 2008
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L A D A K H EDUCATION
Education Reforms Reverting, Results Nosedive Tsweang Rigzin Offering for replication, to rest of the country and even many parts of world, a unique model of schooling with maximum enrolment, , Ladakh's education standard is plummeting to an embarrassing seven year low as revealed by the recently declared secondary school results.
L
adakh is a place which has a history of education movements starting from the early 1950s. As a result of which school enrolment in Leh, which is over 98 percent today, is perhaps the highest in the country. In the last one and half decade efforts have been made through the Operation New Hope movement to bring the education system closer to Ladakh's life and culture. H o w e v e r, r e c e n t l y a n n o u n c e d secondary school (class 10) results, Leh had only 22 percent successful candidates thus recording the lowest
pass percentage in the last seven years. This dismal result brings to fore the negligence caused to the education sector by the concerned authorities. Such a low and discouraging result is seen as a clear indication of how the authorities have failed to maintain and carry forward the prestigious education movement of Ladakh which is being replicated in other parts of the country and the world today. There are four schools which have scored zero percent. The Government School regular students pass percentage is only 22 (including the private schools and private candidates
Epilogue Ø 22 × July 2008
the percentage is 25). There are reportedly some schools which have forced their academically weaker students to enroll in the exam as “private” students and not “regular”. Thus the actual pass percentage of students in some government schools is even lower than 22. The low results in Leh schools this year triggered strong reactions from the leaders of the opposition in the Autonomous Hill Development Council and also from some village education committees. Rigzin Spalbar, the president district congress committee and former chief executive councilor expressing dismay over the results held the LUTF-led Ladakh Autonomous Hill Development Council (LAHDC) responsible for derailing the improving state of education. “This is because of the visionless, directionless, and incompetence of the Council and its leadership who have messed up the handling of education” Spalbar told Epilogue adding that percentage went on decreasing and quality deteriorated due to its mismanagement and incompetence. Tsering Tundup a councilor in a press release accused the Hill Council for neglecting the education sector. Rigzin Wangdus, chairman block education submitted a memorandum to the deputy commissioner Leh requesting
L A D A K H EDUCATION
him to look into what he calls “the depressing state of affairs of the education department” and take timely necessary action. The compartmental (failing in one subject only) pass percentage which once recorded 56 % has also come down to 28 % this year. Compartmental pass are those candidates who have failed one subject but are still eligible for admission in 11th class. Until 1999, these compartmentally passed students were simply shown as “pass” in the J&K Board Result Gazette. This is of course very discouraging to know that after years of struggle to reform the education system things are once again moving back to square one. The most affected ones from such dismal results are mainly the voiceless and powerless children hailing from rural villages of Ladakh, because government schools are a ray of hope for quality education for all – rich and poor, rural and urban. The 10th class results this year has put the LUTF-led Hill Council in a very challenging situation because the Hill Council has claimed to give the top priority of the present Council since its formation in 2005. Accepting the dismal results this year Tsering Norbu Lampa executive councilor for education assured to constitute a committee that would look into the lapses in the education sector which might have led to decrease in the pass percentage of these exams.
Operation New Hope (ONH) in collaboration with the community and an NGO called Students' Educational Cultural Movement of Ladakh (SECMOL) – the architect of ONH – to make education system more relevant to Ladakh's life and culture. Since its inception in 1996, the Hill Council government has declared education as its top priority and Operation New Hope as its official policy on education. Due to these initiatives many things started changing in the otherwise given-up government schools of Ladakh. One simple indicator of success success has been the matriculation results, which rose up to 56% pass by 2004, after being a mere 5% pass continuously until 1998. It was indeed a significant achievement in a span of one decade, yet there are lots of things to do to achieve the goals envisaged through the Operation New Hope. Ladakh Model of Sarva Shiksha Abhiyan
Shiksha Abhiyan (LMSSA) or the second phase of Operation New Hope by the then President of India, Dr. APJ Abdul Kalam in Leh in the year 2006 was another historical event in the process of education reform movement. This program was formulated to further address the remaining ills in the government school system if they are to survive as a source of quality education for all. This document aims to present the major challenges facing our schools today due to which the government schools show very poor results making them unable to attract children, despite the fact that in Ladakh the government spends more than a staggering Rs. 1,500 per child per month, which is comparable to any best private school. Thus the program aims to overhaul the government schooling system in Ladakh and make our otherwise neglected rural government schools comparable in quality to any other private or public schools. The vision statement of the program states: “The ultimate vision of the programme would be to jump-start the government educational machinery
The launch of the Model of Sarva
The Operation New Hope In the last one decade Leh-Ladakh has taken a quantum leap in the field of education sector through an educational reform movement called
(R-L) CM Ghulam Nabi Azad, the President of India Dr APJ Abdul Kalam and then J&K Governor SK Sinha on the launch of LMSSA in Leh in 2006 (File Photo)
Epilogue Ø 23 × July 2008
L A D A K H EDUCATION
to a level of quality where the educated and the influential of the society can also entrust their children to state schools. It may sound farfetched for the rest of the country but in Ladakh, after ten years of reforms, this process has already started and there are instances of people including some leaders bringing their children from private schools into an improved local government school.” LMSSA Suspended Regretfully this program now stands suspended on account of some differences arose between Mr. M K Dwevidi, the then deputy commissioner and chief executive councilor of the Hill Council and SECMOL, the organization which partnered the Hill Council for LMSSA and ONH movements. The chairman/chief executive councilor (CEC) of the Hill Council had requested SECMOL to continue its support to the Hill Council by “providing expertise in teachers' trainings and mobilizing and training the Village Education Committees” to realize the goals envisaged through such movements. But on the other hand, Mr. M K Dwevidi ordered a complete ban on SECMOL's collaboration with any line department. SECMOL since then suspended its activities with government schools. Consequently this ambitious program which was launched none other than Dr. APJ Abdul Kalam had to be suspended. Today even the Hill Council and other concerned officials are silent about this program. Dr. Kalam was so optimistic about the education reform movement in Ladakh that he even appreciated the launch of the Ladakh Model of Sarva Shiksha Abhiyan in his speech on the eve of the Independence
Day 2006. The State directorate of Sarva Shiksha Abhiyan had hoped that this program to become a paradigm shift in the educational system at elementary level.
not been posted with the required number of lecturers. Around 50 posts of lecturers remain always vacant because lots of non-Ladakhi lecturers who get posted in Leh never join and subsequently their orders get cancelled.
Four years for College Degree Another ray of hope for higher education was seen when the Leh Degree College was opened in 1994 and started with first bath of 55 students. With the opening of the college it was felt that the college would become a place for obtaining graduate degrees at home without becoming educationally refugees in cities like Jammu, Chandigarh, and Delhi. But the enrolment in the college has been very low since then on account of several reasons. The college takes four years for students to complete their graduation because of the college being affiliated to the University of Kashmir which has a different exam season. Whereas 10th and 12th exams in Leh are affiliated with the J&K Board of School Education Jammu which have exams in the months of March-April and they get their results by May-June. A student passing out from a higher secondary school and taking admission in the Leh college in BA-I year will have to wait till Oct-November months of the following year for his first year results. To streamline and synchronise the exams systems of the Leh College with the board exams, Leh's all political leaders have been demanding the affiliation of the college with Jammu University but the demand has not been considered by successive governments at the State. Shortage of lecturers in higher secondary schools There are 13 higher secondary schools in the district but these schools have
Epilogue Ø 24 × July 2008
The government has a provision of engaging lecturers on contractual with a monthly honorarium of rupees 7,000. The Hill Council has added rupees 4,000 from the district plan increasing the honorarium rupees up to 11,000 otherwise no one is ready to work as contractual lecturer for a monthly rupees 7,000. Such lecturers on contractual don't become a permanent solution to this problem because they can leave the temporary job and to take up some other profession if opportunities came up. The Hill Council has added 'free tuition' to the lists of schemes permissible under Councilor Constituency Development Funds (CCDF) as an alternative solution to this existing problem. History of Ladakh's education reform movements Ladakh has had a tradition of education movements starting from the early 1950s, when its leaders' launched a movement for school enrolment bringing the enrolment rates far above the national average despite all the disadvantages that Ladakh suffered. In the recent past the Hill Council, in partnership with Ladakhi NGOs and village communities, addressed the quality through the Operation New Hope (ONH) by organizing massive teachers training drive, using of appropriate medium of instruction, introducing and forming of VECs (Village Education Committees) for local ownership and accountability in schools, and publishing locally appropriate early primary textbooks.
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THE GRAND PLAN
Let’s Revive Silk Road
Mehbooba Mufti
F
or viable and effective crossborder cooperation between India, Pakistan, Afghanistan and Iran, there is need for designing a new regional cooperation program between the Asian countries inspired by the age-old Silk Road tradition. A grand r e g i o n a l S i l k Ro u t e e c o n o m i c cooperation project can include oil and gas pipelines, a separate independent communication corridor, free trade by abolishing barriers, harmonization of trade facilitation procedures, increased accessibility and regional-level capacity building. Towards achieving this end, convening a 'Silk Route Investment Forum' preferably in Jammu and Kashmir can kick-start the process. The Silk Route Forum can also serve as an effective platform for resolution of ethnic, religious, interstate, and intraregional conflicts and support political, economic, and security cooperation in Central Asia and the South Caucasus in the interest of fostering regional stability through economic interdependence. The region could coordinate in developing indigenous defense capabilities, securing borders, and implementing effective controls to prevent the proliferation and trafficking of weapons and narcotics. Energy is certainly an area that could bring the cluster of region's distant neighbors together. Extensive trade relations with the energy-producing states of Central Asia will enhance subcontinent's accessibility to
diversified energy resources, thereby strengthening its energy security. If the proposed gas pipeline between Iran, Pakistan and India works out well, it could lay foundations for long-lasting energy cooperation in the region. Similarly, the Central Asian oil and its demand in the huge Indian market could become another lifeline for peace and cooperation in the region that could build considerable and perceptible economic stakes for ordinary citizens of India, Pakistan and Afghanistan in the process. Through such cooperation the region can become an energy cauldron, coordinating business community projects and promoting investment opportunities in trade as well as infrastructure for the production, transportation, and refining of energy and petrochemicals. Other areas can, of course be, agricultural development, handicrafts, infrastructure planning and construction, democratic development, banking, finance, and legal reform. A serious effort is on since 1990 to start renegotiating routes which connect Asia with Europe. By 2002 step by step through mutually beneficial arrangements, a modern version of the ancient Silk Route has gradually taken shape. Also known as Asian Highway, this route is expected to start in Tokyo and terminate in Istanbul passing through North and South Korea, China, Vi e t n a m , C a m b o d i a , T h a i l a n d , Myanmar, India, Pakistan, Afghanistan,
Epilogue Ă˜ 25 Ă— July 2008
Iran and Armenia. In terms of promoting tourism, World Tourism Organization (WTO) can identify cities along the route to be awarded the title of "International Silk Road City" in an effort to encourage their commitment and long-term planning to the protection of cultural assets. India, Pakistan, Iran and Afghanistan are states in the midst of a very complex transition. It is not that they lack the potential for development and prosperity in the longer term, but in the immediate future, they do face major challenges. One way to overcome these uncertainties is through greater regional linkages formal and informal. It is easier to restore these rather than start new ones and revival of Silk Route could mark a grandiose beginning. The Silk Route has always played a role as a 'connecting' bridge between Asia and Europe, serving as a fundamental link for exchanging cultures, crafts, ideas, technologies, and beliefs. Apart from being a major trading route the Great Silk Road was of immeasurable significance in the establishment and maintenance of political and diplomatic relations. The Silk Route holds a special significance for Jammu & Kashmir as the State has historically enjoyed a distinct place in the region. Though Jammu & Kashmir's roots are firmly grounded in South Asia, the place has been a part of the cultural landscape
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THE GRAND PLAN
of central Asia for the past seven centuries. The closure of traditional routes, connecting Jammu & Kashmir with rest of the World, has acted as a severe constraint on the economic dynamism of Kashmir. We will need an access to Mansarovar and rest of China through Ladakh and a link to Central Asia with Kargil as the take-off point and
What is Silk Road? The Silk Road, or Silk Route, is a series of trade and cultural transmission routes that were central to cultural interaction through regions of the Asian continent connecting East and West Asia by linking traders, merchants, pilgrims, monks, soldiers, nomads and urban dwellers from China to the Mediterranean Sea during various periods of time. The trade route was initiated around 114 BC by the Han Dynasty, largely through the missions and explorations of Zhang Qian although earlier trade across the continents had already existed.
restore Kashmir's only link through nonsnow area to explore out traditional markets beyond Pakistan with rest of the region. Kashmir has been at the receiving end of the painful recent history of the region as much of its fragmenting geography and thus of course proved a stumbling
geographer Ferdinand von Richthofen in 1877
Silk Road and Kashmir The Silk Road was linked with Leh and Srinagar and Gilgit. Not only precious cargo passed through the Silk Road but also culture of various countries and nations. Hieuen Tsaing , the great Chinese traveler came to Kashmir walking on this road. It was the road through which, the Kashmiri Buddhists
Geographically, the Silk Road or Silk Route is an interconnected series of ancient trade routes connecting Chang'an (today's Xi'an). It was used to transport silk to the world plus to be a great source of information with people getting transported to different parts of the country in China, with Asia Minor and the Mediterranean, extending over 8,000 km (5,000 miles) on land and sea. Trade on the Silk Road was a significant factor in the development of the great civilizations of China, Mesopotamia, Egypt, Persia, Indian subcontinent, and Rome, and helped to lay the foundations for the modern world. The first person who used the terms "Seidenstraße" and "Seidenstraßen" or "Silk Road(s)" and "Silk Route(s)", was the German
Epilogue Ø 26 × July 2008
block in the full realization of the potential of world's largest human mass that shares not only a common heritage but definitely a joint future. Ironically, the State was hit the hardest even though it was never a party to the bitter sub-continental politics that led to its partition in the last century. The people of Jammu &
entered Central Asia and China spreading the message of Buddhism. This road was also used by the great Sufi saints of Central Asia who came to Kashmir and spread the light of Islam. According to noted historian, Prof Fida Muhammad Hasnain, “Kashmiris used to import Shahtoosh and wool from Yarkand and Kashgar through this route. Even Maharaja deputed his spies to Russia through this road. One of them was Abdullah Joo Kishtwari”.
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THE GRAND PLAN
Kashmir, therefore, have the highest stakes in peace, progress and regional cooperation. The aim should be creation of a Silk Road sub-global region. Such an alignment will lay a favorable foundation for new economic relations between Silk Road countries. The dynamic development of
Recent Expeditions In a path-breaking expedition, a group of European travelers took the remains of traditional Silk Road to reach Kashmir Valley in October 2007. Tina Jokinen, 42, an Estonian national, and her team covered over 11,000 kms through dense forests, deserts, rivers, rough roads, and mountains of different countries in their 45-day trip to reach Kashmir. Tina and her colleagues
political, trade and economic relations needs strengthening if mutually advantageous partnerships are to develop between all States on the Silk Road. The Silk Road Strategy has to encompass issues of democracy, economic integration, strategy, and economic and political stability in the region.
achieved the feat of being the first after 1947 to reach Kashmir through the route which had direct bearing on the history, economy and culture of Central Asia. “We have done it; we feel proud to see traces of the ancient route which has played a major role in modern human civilization,” an elated Tina and members of her group known as “Discover Silk Route” had told Srinagar based English daily Greater Kashmir on their arrival in the Valley in a cavalcade of cars. Tina who is also team leader of
Revival of the Silk Road will strengthen and stabilize the situation in the region and promote the integration and self-reliance of States. This will in turn have a positive effect not only on the economic and political scene in the countries of the region, but also, on their security.
the group said it was her dream to tread the Silk Route. “When I was 16, I had a desire to travel through the Silk Route. However, it was during my stay in India in early 1990s that I developed more interest in the route by reading about it in books. I shared the idea with one of my friends, and we formulated a plan to join the silk route caravan,” Tina said. It was however not an easy task. After many meetings and a lot of convincing, Tina was able to gather a team of 17 members, mostly her friends. “It took us three years to get our travel documents, cars, and money for the trip. But the trip won't have been possible without the assistance of my Kashmiri friends, Altaf and Bilal Chapri of Discovery Journeys who facilitated our visit from China,” she said. Only five members of the group are its permanent members, the ones who travel from beginning to end of the journey. The other 12 join the group at different places. One of them is Muhammad Yousuf Chapri, an international renowned Kashmir explorer. He joined the group from Wagah border. According to Bilal Chapri of Discovery Journeys, “it is for the first time after 1947 that somebody had undertaken journey from Silk Road to reach Kashmir”.
Epilogue Ø 27 × July 2008
R E P O R T TOURISM
Ecotourism in J&K :
Grapping For Inspiration Epilogue News & Analysis Jammu and Kashmir State has always remained as the most sought-after tourist destination – be it the picturesque valley of Kashmir, the cold desert of Ladakh, wetlands or the areas of wilderness. But an insight into the tourism industry of state reveals that the priority has always remained on traditional tourism with ambition of attaining heights in number of tourists and returns on investment year after year. Of late this is turning some of the tourism destinations as disappointing ones. Still there remains tremendous potential for a sustainable environment friendly tourism.
A
quick review of the tourism scenario in states like Karnataka, Uttarakand, West Bengal and the like reveals that compared to them Jammu and Kashmir, besides having incomparable tourism resources still has to go a long way for optimum utilization of its tourist destinations in an environmental friendly way and generating more strength for the economy as well. It is a matter of fact that the percentage of forest area to that of total geographical area is 50.97 for Kashmir and 45.89 for Kashmir, whereas in Ladakh it stands at 0.06 bring this percentage of total forest area of the state to 19.95. The Forest Conservation Act, 1997 is strong enough to prevent the use of forest land for any non-forestry purpose (tourism being a non-forestry purpose) and at the same time the J&K Forest Act and J&K Wildlife Protection Act reinforce the stronghold of conservation laws.
Epilogue Ă˜ 28 Ă— July 2008
R E P O R T TOURISM
If the data of past ten years is analyzed ( post 1997 Forest Conservation Act) it is revealed that wherever there had been a need of forest area for development of tourism destination that land was transferred to tourism department after depositing cost and compensation of forest land under Forest Conservation Act for 'NonForestry Use'. The latest in this row is the famous tourist destination Patnitop which has been cleared to face the axe for installation and development of a cable car. Forest land has been diverted for tourism like that for any other development purpose like construction of roads, building dams, infrastructure projects etc which reveals that tourism for the purpose of the Forest Acts is considered as another 'non-forestry use'. Although, for the time being it seems to serve the purpose of expanding tourism base but its repercussions at the same time should not be overlooked. When it comes to Ecotourism, the state of Jammu and Kashmir stands nowhere in the national scenario especially when compared to states like West Bengal, Karnataka and even neighbours Uttarakand and Punjab. Last week of May this year, the J&K Tourism Department donated three battery operated vehicles to the Dachigam national part as a part of the Ecotourism initiative. Although it is a move towards understanding the need of switching to ecotourism but instead of such sporadic gestures the state needs to move forward and scale heights in ecotourism which will help attract more tourists to hitherto unexplored destinations. Ecotourism contributes actively to conservation of natural and cultural heritage and includes local and indigenous
communities in its planning, development and operation, contributing to their well being; at the same time interprets the natural and cultural heritage of destination to visitor. The state has a tremendous potential for ecotourism in the areas set apart under various laws which can be brought under ecotourism map without either the violation of conservation laws or need for following a cumbersome procedure of transferring forest land to non-forestry purpose. Often the forest department is blamed for its antidevelopment attitude, given the stringent conservation laws and policies. But lack of coordination between the conservationists, estate managers and the tourism policy makers has emerged as a major stumbling block in the way of harnessing the optimum potential of ecotourism in the state. When contacted, over this issue, a senior forest officer revealed that Government of India formulated ecotourism policy in 2001 and during last cadre restructuring of J&K's IFS cadre, a post of Chief Conservator of Forests (ecotourism) was created in the state so as to develop ecotourism destinations in the forest areas and directions were given to all the states to formulate a white paper on ecotourism development. While other states took lead and even emerged on world map of ecotourism, Jammu And Kashmir State is yet to take the first step as even after seven years' lapse the post of CCF Ecotourism is yet to be filled. The issue has been brought to the notice of Government time and again but no development in this regard seems to be in offing. But still the forest department has to be held
Epilogue Ø 29 × July 2008
responsible for not coming forward with a ecotourism plan, since the 50% geographical area in Kashmir and 46% in Jammu region is under forest laws, so the onus lies on forest department to come forward with an ecotourism development plan for the destinations in forest areas. The tourism department making an ecotourism plan for forest areas will amount to making undue inroads to the mandate of forest department. Whenever enquired about the need for ecotourism, its potential and steps being taken by the department in this regard, the officers at the helm of affairs have one and only thing to say that M/S Jungle Lodges and Resorts, a Government of Karnataka undertaking, has been entrusted with development of ecotourism plan, this has been the lone answer for past four years and still continues. The Managing Director of Jungle Lodges and Resorts, N. D. Tiwari while speaking at a function organized at Bannerghata National Park, last month said “Jammu and Kashmir has tremendous potential for ecotourism and Jungle Lodges and Resorts is helping the State in identifying the locations, which are potential ecotourism sites.” The gathering there was astonished to learn that J&K is still at an identifying stage of ecotourism and even requires assistance from Karnataka for 'Identifying' places having potential for ecotourism. There is no harm in hiring consultancy services and in deed it is required for being competitive in the tourism market but it should have been done for developing eco-tourism facilities and working out the economics as well rather than identifying the places which can be done better by our local resource persons in the concerned
R E P O R T TOURISM
departments. The natural resource managers, field officers and our technical experts could have done it in a better way as they are well aware of the local socio-economy, culture, norms and values as well. Since ecotourism also involves the components of culture and heritage so the consultancies like the one mentioned above may not be better than what can be done by our own professionals for the basic work of pinpointing the potential ecotourism sites in the state. Another thing we are lagging in is out of box thinking and being innovative. This also raises a serious question of the lackadaisical approach of the officers borne on the J&K cadre of forest department. The managers of natural resources who have worked at the gross route levels for so many years and have the basic training in ecotourism can perhaps be the best resource persons for developing an ecotourism plan for the state. The consultancies can be hired on later stages but the forest department seems to have begun with an upside down approach. Moreover, there is not a single incidence reported from the department where a plan of ecotourism was developed and proposed by any officer of the department for a particular area and not processed by the government. The first step needs to be taken by the estate managers to begin with. Another serious concern is the bureaucratic compartmentalization as regards developing a comprehensive plan for tourism development in the state. The Tourism department has been entrusted with tourism development and management but faces the problem of its inability to
take over the forest areas which have tremendous potential of tourism development. The forest department on the other hand is not willing to either move forward to ecotourism, giving several reasons for it, or develop an easy procedure wherein the tourism department could be given the responsibility. Over and above this the government has yet to give due attention needed to the need for developing an ecotourism development strategy and planning. The state government came forward with the concept of Tourism Development Authorities, with the aim to take the concept of tourism development at gross root level. TDAs were also meant to develop the unexplored area for tourism especially harnessing the local tourism potential. It was indeed a decentralization of tourism development and was expected to give a boost to the tourism industry, given the strategy proposed and amount of funds being granted for this purpose. But till date most of the TDAs working on Adhoc basis are yet to acquire the land identified for tourism development. Most of the officers heading TDAs are doing so as an additional responsibility with no fulltime CEOs being posted till date in most of the case. But some Development Authorities with full time chiefs have in deed done excellent job in tourism development and management in respective areas e.g TDAs of Gulmarg, Pehalgam, Sonmarg and Patnitop have registed more than double the annual tourism growth of previous financial year. Going by the figures, the J&K Cable Car Corporation's revenue earning went up from Rs 279 Crore in 2004-05 to Rs 658
Epilogue Ă˜ 30 Ă— July 2008
crore in 2006-07 after Javed Iqbal Punjoo took over as the Managing Director of State Cable Car Corporation. The MD's initiatives and the right selection by the government are to share credit for this doubling of the revenue earned by this corporation. This instances of excellence show that neither human resource is a scarce nor the natural resources at the receiving end, the only thing required is a multipronged strategy for development of ecotourism in state and an umbrella organization to design and coordinate the development of ecotourism in the state. The missing links are visible and the need of the hour is to do away with the bureaucratic compartmentalization in the field of tourism and a coordinated efforts of different agencies and stake holders for optimum harnessing of state's ecotourism resources on a sustainable basis which will also raise the graph of tourism earnings of the state and at the same time lend protection and development of our areas of wilderness. While states of Uttarakhand and West Bengal are contributing a major chunk to the state's GDP from ecotourism, J&K with incomparable resources can click the magic and become leader in filed of ecotourism. The government of Jammu and Kashmir has already notified 16000 Sq Km as the protected Area Network (PAN) to develop facilities for Eco-Tourism. The areas notified comprise of 5 National parks 14 Wild Life sanctuaries 35 conservation Reserves. The next step is an effective coordination and implementation of ecotourism development by different agencies under a unified command.
D I G E S T
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INDUSTRY
Industry
Epilogue News & Analysis Industry in Jammu and Kashmir has shown tremendous growth in past decade and it has set a stage for a further rising graph. The state is on the path of industrialization in a modest way despite various factors and topographical limitations. The state has declared industry as its main agenda for speed up of economic activity and for generating employment. Industrial development is on top priority for the government to provide basics for the industrialization, the prerequisite for any industry is its infrastructure, skilled human resources, pro-industry environment, good governance and financial incentives and it has always remained the endeavour of the government to provide all the above for the industry and its growth. In the state for the multi-dimensional growth of the industry, Industrial and Commerce department has been established with a strong and well equipped system and powers. The Industries and Commerce department is focusing to explore possibilities for investment in the state for developing a standard world class Infrastructure to make the state a production state rather than a consumer state only and explore available resources in the state. The main focus of the Industries and Commerce department is in the sectors like, food Processing, Pharmaceuticals, textiles, sports goods, information technology and biotechnology.
Economic Profile of Jammu and Kashmir As per 2001 All India Census the state has following statistics of various aspects of population and economics:POPULATION (2001 census) 10143700 MALES 5360926 FEMALES 4782774 SEX RATIO (females/1000 males) 900 DENSITY OF POPULATION (Persons/ Square Km) URBAN POPULATION % 24.85 LITERACY RATE (census 2001) in % 55.5 MALE LITERACY in % 66.6 MALE LITERATE in numbers 3060628 FEMALE LITERACY in % 43 FEMALE LITERATE in numbers 1746583468 NSDP at current prices 12805 Rs Crores (2002-2003)* Rs Crores *(2000-2001) PER CAPITA NSDP (2002-03) Rs12781 at current prices Rs *(2000-2001
Jammu a couple of years back and now it has been extended to Udhampur. Work of Rail Line upto Qazigund is on full swing and trial run has been successful in the Kashmir part of this line while the work is under progress from Jammu link. Road J&K is very well connected with the rest of the country through National Highway upto Leh through Kargil (Ladakh). Airports Jammu, Srinagar and Leh town in Ladakh are connected by air with the rest of the country. Indian Airlines and Jet Airways operate regular flights to the three principal airports of the state from various cities of the country. Srinagar has got its international airport which promises direct export of the famous fruits to the markets in Gulf countries directly and in a shortest possible time avoiding the 'Transmission Losses in Economy' as well as the quality of the products.
Economic Infrastructure
Railways
Connectivity through road and Air transport is the main lifeliene of the economy. The Railway connectivity was upto
Full fledged operation of Railways extended to Udhampur. Further extension to valley is under progress. It will give tremendous boost to the economy of state
Epilogue Ă˜ 31 Ă— July 2008
D I G E S T
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products
Industrial Policy
industrialists. On the other side industrialist also complain about non availability of skilled humane labour in the state.
· CST exemption. To step in the era of industrialization government has brought a new industrial policy which came in being in 2004-05 for the period up to 2014-15. The policy has been framed in a manner to help the state to become an industry state which is predominantly known as consumer state. The policy is to make the state self sufficient for its requirements and to decrease import of goods. The pro-investor industrial policy 2004 is to promote rapid industrialization with world class infrastructure. To industrialize the most backward areas in the state and modernization of the existing units.
·
VAT exemption
·
Stamp duty exemption
Industrial Infrastructure (SIDCO & SICOP)
Central package Fiscal Incentives · 15% subsidy on capital investment on plant and machinery. · 3% interest subsidy on working capital.
The Department of Industries and Commerce has 37 existing Industrial estates in the state under the control of Directorate of Industries and Commerce and SIDCO/SICOP.
Existing Industrial Estates in the State
The state has the distinction of having two sets of incentives one from the Centre and the other from the state. ·
100% insurance cover to Industrial units.
·
90% transport Subsidy.
State Package. Fiscal Incentives
Industrial Estates In The Pipeline In addition to above 37 Industrial Estates there, 6 new Industrial Estates are also in the pipeline.
Tax Incentives · 100 % subsidy on purchase of new Diesel Gen-set.
· 100% excise refund
· 100 % subsidy on project report and quality testing equipment.
· Total income tax exemption
· 75% subsidy on Research and development.
90 percent Compulsory employment For Permanent Residents
· 5% rebate on interest on term loan for technocrats. · Special incentive for brand promotion and modernization. · Land and power at concessional rate. Tax Incentives · Toll tax exemption on import of raw material and export of finished
The state govt. has made its mandatory for all Industrial units to employ 90% permanent residents of the state in their Units in a phased manner, otherwise the incentives provided under the Industrial Policy of the State Govt. shall not be available to them. However this order of the govt. has not been implemented in a rightful way. There are various allegations that this order has not been followed by
Epilogue Ø 32 × July 2008
1 2 3 4 5 6
Industrial Estate Chotipora Industrial Estate Utikoo Pattan Industrial Estate Gran Reasi Industrial Estate Billawar Kathua Industrial Estate Sangram Bata Kishtwar Industrial Estate Khurbalang Kargil
Infrastructural
Projects
1.
Industrial complex Bari Brahamna, Jammu
2. 3.
Industrial Growth Centre Samba Export Promotion Industrial Park K a r t h o l i J a m m u Industrial Growth Centre Lassipora P u l w a m a Software Technology Park Rangreth Kashmir
4. 5.
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Major Industries With Sidco The role of SIDCO is manifold. One such role is to create the industrial infrastructure by development of industrial complexes within the state and make available all basic amenities like road net work, water storage and distribution network, drainage system street lightening etc. The second role is to provide term loan lending facility to industrial units in medium sector under the refinance schemes of IDBI and SIDBI. However, the term lending is made available to small scale sector in the electronics sector as well. SIDCO does not own or run any major industry of its own but only helps as a catalyst in the industrialization of the state by providing promotional input i.e. identification of viable projects, providing escort and pilot services and arranging various clearances from State and Central Governments. Besides providing industrial infrastructure and finance as elucidated above. The following prominent industrial venture is either existing in various industrial complexes managed by SIDCO or in locations outside the SIDCO complexes in Kashmir valley which have come up with the promotional efforts of SIDCO.
Industrial Growth Center
Chenab Textile Mill at Kathua
To assist the Industrial growth in state of Jammu and Kashmir, the Central Govt. has approved Industrial Growth Centers in the backward districts to provide them best infrastructure facilities like power, water and telecommunications etc. Government of India has sanctioned two growth centers for the state.
Chenab Textile Mill at Kathua started its operation in the year 1978, since then it is helping the state to generate employment and currently more than 5000 workers are earning their livelihood with their association with the mill. The legend in the state industry, Chenab mill is equipped with modern techniques and contributing to the state's revenue also. It is among one of the private leading enterprise in the state.
In Jammu Region: Annual Survey of Industries (ASI) In Samba District of Jammu region one such growth center is established & SIDCO is the implementing agency. An amount of Rs. 100.00 Lakh has been incurred by the State Govt. on this growth center during the period 2006-2007, and the approved outlay for the year 2007-08 is Rs. 120.00 Lakh. In Kashmir Region One such Growth center is also being established in Lassipora (Pulwama) of Kashmir region. The amount of Rs. 49.79 lakh has been incurred by the State Govt under Centrally Sponsored Scheme. And the approved outlay for the Year 2007-08 is Rs 100.00 Lakh. Small Industry Cluster Development Programme ( SI-CDP) To help the Bat Industry at Sethur (Anantnag) and for common Facility centre for wooden Furniture/Joinery Clusters at Srinagar two clusters are being developed in the state under SSIGovernment of India's Small Scale Industry Cluster Development Programme. Action plan for both the above clusters is approved by the central Govt with an estimated cost of Rs. 572.71 Lakh and out of which the central share is Rs. 246.46Lakh.
Epilogue Ă˜ 33 Ă— July 2008
Only 342 factories in the J & K were covered, Under Annual Survey of Industries in the year 2003-04. The average investment on fixed capital per registered factory in the state was Rs 117.70 Lakh. At all India Level it was Rs. 366.71 lakh. The generation of employment per factory was 79 person. Average net and gross value added per factory was Rs. 54.97 lakhs and 67.54 lakhs respectively. Small Scale Industries Sector To ease the registration process for the Industries the sate Govt. has simplified the procedure, one district industry center has been established in each district for registration and to provide other facilities to the industries including to arrange credit facilities. District Jammu has the largest no: of registered SSI units i.e 9871 as on 31-03-2007, Dist: Srinagar at no: two with 9141 registered SSI units as on 31-03-2007 and District Kargil has the lowest no; of registered SSI units, only 627 Units are registered in the District. Year-wise Growth in SSI Units
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Prime Minister's Rozgar Yojna
business sectors an amount of 2.00
12432 cases during the period 1996-97
(PMRY)
lakh can be granted.
to 2005-06 of which only Rs. 7109.42 (62.55%) lakhs was
Physical/Financial Achievements of PMRY ( Rs.in Lakh)
disbursed to 9501 cases. The huge gap of over
37
%
of
sanctioned cases still r e m a i n e d undisbursed.
The state's record of implementing
Main Findings of the Directorate of
the PMRY is better than many other
Economics and Statics at the instance
states . In the state the schemes under
of state level committee are as
PMRY are Implemented under the
follow : ( With reference period
supervision of Directorate of
2001-02 to 2005-06).
*73% out of 381 contacted units were found functional, 17% non functional while as 10 % though found functional were fighting for survival as these were not functioning to the extent as desired. *78 % of beneficiaries sated that it took them much time of moré than 9 months to avail the loan.
Industries and Commerce with its allied departments. For individual's
*The banks had sanctioned Rs.
loan upto Rs. 1.00 lakh and for
11366.57 lakh as loan in favour of
9 % stated that it took them more than A Year to avail the loan amount.
Enterprises
Employment
According to 5th economics survey conducted by Central Statical Organisation in 2005 along with the Directorate of Economics and Statistics, Jammu and Kashmir, 324908 enterprises in the state were found engaged in different economic activities (other than crop production and plantation), as compared to 215600 enterprises recorded by 4th Economic Census 1998.
751525 persons were engaged in these enterprises out of which 367044 persons are from rural enterprise and 384481 persons from urban Enterprise. Annual average growth of 6.03% was recorded by number of enterprises and 6.82 % in employment during 1998-2005.
Number of enterprises engaged in Rural areas is 183118(57%) and no of enterprises in the urban areas is 141790 (42.85%). 322393 (98.40%) enterprise are engaged in non-agricultural activities and only 2585 (1.60%) are engaged in agricultural activities other than crop production and plantation.
A Number of 5980 enterprises employed more than 10 workers or more accounting 1.81 of total enterprises. As per 4th economic survey corresponding number of enterprises employing more than 10 employees was 3200. The proposed outlay for 11th plan for Industry Sector as a Whole is Rs.80666.58 Lakh. During Annual Plan 2006-07, outlay for Industry Sector was Rs. 10154.82 Lakh which has been spent in full
Epilogue Ø 34 × July 2008