Ranbir Singh Pathania
Delimitation juggernaut is on the roll in J & K. And so is the hope and longing for political justice hereinover.
Although Constitution of India enshrines social, economic and political justice to ‘We the People of India’. But people putting up in and around the erstwhile kingdom of Raja Jambu, have been purportedly deprived of political justice since 1952.
First delimitation in J & K was carried without relying on a population census. Unlike, other states, J & K had not seen population census in 1951. This skewed the pans highly in favour of Kashmir. Although having greater area and population and lesser accessibility and tougher topography, Jammu was allocated lesser seats in State Assembly – 30 seats for Jammu region and 43 seats for Kashmir region.
Whereas, the inception of ‘so-called freedom movement’ in 1931, spearheaded by Sheikh Abdullah’s Muslim Conference (rechristened as National Conference) was communal. And the lead slogan was ‘Dogro Kashmir chorr do.’
According to the 2011 census, the population of Jammu division was about 54 lakh, while total area is spread over 26,293 sq km. While population of Kashmir division is 68.88 lakh, and area is 15, 948 sq km.
Therefore, in Kashmir region an MLA is elected per 349 square kilometer while in Jammu region an MLA represents the area of 710 square kilometer.
The average constituency size in Jammu is 212 square kilometres as compared to 37 square kilometres for Srinagar district. This is roughly six times larger than an average constituency of Srinagar (212/37=5.72).
Moreso, this discrimination percolates even to the Lok Sabha and Panchayat level.
If we compare Srinagar and Udhampur parliamentary constituencies. Udhampur has an area of about 20,000 square kilometers and 1490244 voters whereas Srinagar has an area about 5000 square kilometers and 1205233 voters.
As an obvious corollary whereof, the elected parliamentarians/legislators from Jammu were made to justify themselves before greater number of people and developing greater area with same funds and time in the Parliament/Assembly, DDB meetings and other developmental forums.
And Kashmir was allocated a greater majority in the State Assembly thereby virtually sealing the way of a person from Jammu to become Chief Minister.
The discrimination was allowed to flourish till 1995 when Delimitation Commission led by Justice (Retd.) K. K. Gupta set up in Governor’s rule again perpetuated the bias.
Going by the letter and mandate of the repealed Jammu and Kashmir Representation of Peoples Act, the central Representation of Peoples Act as well as Delimitation Act, criteria for allocating assembly seats remains:-
(i) Population as ascertained at the last preceding census of which the relevant figures have been published;
(ii) Geographical compactness;
(iii) Nature of terrain;
(iv) Facilities of communication;
(v) The like considerations.
Not only population and area, the remaining criteria have also been unabashedly torn to shreds by successive regimes and governments in J & K.
If we consider “facilities of communication’ Jammu has road connectivity of about 5000 kilometers which comes out to be 0.17 km per square kilometers of roads. And Kashmir has a road length of about 8000 kilometers which comes out to be 0.50 %.
Now that once we consider ‘nature of terrain’ and ‘geographical compactness’, just alike Gurez and Nobra, why cannot thereby separate assembly segments for Dudu-Basantgarh or Panchari or Bhamag in Udhampur/Reasi, Marwah-Dachan in Kishtwar, Siraj and Gath in Doda, Machedi/Lohai in Kathua, Sunderbani, Mandi, Budhal in Rajouri-Poonch, etc etc.
And last criterion ‘the like considerations’ pivots around infrastructural parameters, schools, hospitals, anganwadis, medical facilities, etc. Whereas, hereinover too, Jammu lags far behind as compared to Kashmir.
The powers-that-be have exploited and demeaned people of Jammu on account of no justifiable cause or reason. Rather attempts have been made to cripple and virtually demean and debase nationalist people of Jammu and Ladakh. Possibly with a over motive to subjugate and block the path of a Chief Minister from Jammu to become.
I remember summer of 2012 with a lively interaction with Dilip Padgaonkar and Radha Kumar, Centre’s interlocutors on J & K at Hotel Ashok, Jammu. And the concluding remarks of Mr. Dileep Padgaonkar, “This is the most fruitful interaction I have ever had regarding this job of finding a permanent political settlement in J & K”.
I made it clear to the team of interlocutors that Jammu, Kashmir and Ladakh are three distinct areas with people in these regions speaking different languages, wearing different attires, having different cultures, feeding habbits, climates, topographies, developmental needs and political aspirations too. For purposes of study, analysis and making recommendations, the entire state needs to be taken as one cohesive unit. Fact remains that despite having bigger area and more electorate, Jammu has lesser seats in the Parliament, State Assembly and Panchayats. I had also quoted figures in support of my argument:
I had propounded a novel idea of rationalization of the Lok Sabha, Vidhan Sabha and Panchayat seats in J&K by adopting a fair/uniform criterion in delimitation of constituencies in the State proportionate to the electorate so that inequities and injustice could be plugged out. And a platform for a more strong and cohesive J & K is laid out. But this should be done only by conduction of a fresh, fool-proof population census. There need to be separate, intelligibly differentiated parameters in urban, hilly, semi-urban, areas with references to geographical compactness, accessibility and terrain and means of communication.
And let us see if Jammu or Kashmir win or loose, but the idea of ‘political justice to the people of J & K’ shall triumph. And there shall no more be region vs region or religion vs religion tug-of-wars.
A fact which has amused and surprised political pundits as yet remains that Kashmir has been shown to have an edge in population growth despite large scale migration of Hindus as well as Muslims from Kashmir. Earlier Jammu had an edge over Kashmir in terms of population. But censuses of 1991, 2001 and 2011 have witnessed a rabbit-jump in population figures of Kashmir.
Another lead question remains. What to do with ‘so-called fudged’ census figures of 2011?
If we run a rabid risk of obviating 2011 census figures, unanswered question remains what is the data/figures Delimitation Commission will rely upon.
Rumours are flowing thick and fast that till Delimitation Commission meanders through its dreary, long-drawn course and wait till a full-proof, comprehensive census of 2021 concludes, Centre may go ahead with the idea of Assembly elections.
Or, there may be chances of formulation of a ‘nominated interim government’ as envisaged in Article 239-A read with section 13 of J & K State Reorganization Act.
Nonetheless, it is neither wise enough nor practically possible to run J & K for a long time without a truly representative set-up.
Whatsoever, may be the Centre’s next move on J & K, answer lies hidden in the womb of future. I could scarcely restrain an inclination to recite the golden words of the Nobel laureate, Sh. R. N. Tagore:
“Where the mind is without fear and the head is held high…….
Into that heaven of freedom, my Father, let my country (J & K) awake.”
Let us conclude with a parting note that let this be a final milestone in the journey for securing political justice for Jammu.
Fiat iustitia, et pereat mundus is a Latin phrase, meaning “Let justice be done, though the world perishes”.
(The columnist practices law in the J & K High Court.)
feedbackexcelsior@gmail.com
Trending Now
E-Paper
Follow our WhatsApp channel