Dr Raja Muzaffar Bhat
Tosamaidan which is one of the largest meadow’s in Kashmir valley still haunts people as old unexploded shells and ammunition continue to kill or injure people. In a recent incident 15 year old Mohammad Asif from Dachan Beerwah in Budgam got seriously injured as some leftover ordinance went off in the area on May 26th. Asif along with his friends had gone to the meadow for an Eid outing on that fateful day. He was recently discharged from SK Institute of Medical Sciences (SKIMS) Srinagar. Asif is almost half dead , he neither talks nor is able to stand up. He is completely paralysed due to brain injury. Doctors who operated upon him have told the family that they have no idea if the young boy could ever live a normal life ? Asif and his three more friends were walking through Tosamaidan meadow on the fateful day and suddenly his foot went on an old live artillery shell. It exploded with a big bang and a metal splinter pierced through Asif’s skull damaging his right lobe of the brain. Asif was operated in the Neurosurgery department of SKIMS Srinagar on the same day. He was on the ventilator for two weeks and finally discharged from the hospital on June 17th .
In August 2018 a young man got killed in a similar explosion in the same area while as other three persons were injured.The deceased Wajid Bashir Ahanger of Zago Khareen village in Beerwah district Budgam had gone to Tosamaidan for an outing with his friends when his foot hit a mortar shell. The then Deputy Commissioner Budgam Dr Sehrish Asgar had told the media that a fresh clean-up drive would be taken up soon in Tosamaidan to check for any explosive devices in the area, but the drive was hardly undertaken until there was one more incident after almost 2 years on May 26th 2020.
NGT’s order
In 2016 I filed a petition before the National Green Tribunal (NGT) through my counsel Advocate Rahul Chowdhary seeking intervention for conservation of Tosamaidan by way of removal of unexploded shells. From 1964 to 2014 Tosamaidan was used as a Firing Range by the Army in summer months. Lots of artillery and mortar shells remain unexploded which are present in the meadow and adjoining villages. A Bench headed by the then NGT Chairperson Justice Swatanter Kumar issued notices to the Defence Ministry, J&K government and Forest department seeking their response. The case was listed several times and on July 11th 2016 the matter was disposed off by NGT directing the Government of India through the Ministry of Defence to clear Tosamaidan field from all waste material and unexploded shells by 10th August 2016. The Government of India had earlier said through a written affidavit that Tosamaidan was cleared of all unexploded material in 2014 under operation Fallah that lasted for 3 months between August 1st 2014 to October 22nd 2014. NGT’s final order reads
“Learned counsel appearing for the Respondent No. – 3 Ministry of Defence – submits that they have cleared the field from firing equipment and disposal in 2014. He further states that they would clear the entire field from any waste and remnants expeditiously and in any case not later than 10th August, 2016. In Fact it is stated that they have started using the said field for tourism purposes. We dispose of this Application with a direction to the Respondents to ensure that the field is not only clean but is kept clean and free for any waste and environmentally and ecologically friendly. All steps should be taken prior to 10th August, 2016 ”
Compensation to blast victims
Authorities at the helm have neither compensated nor initiated any legal proceedings against the guilty. From 1964 onwards people living in almost 10 to 12 villages located under the foothills of Tosamaidan have suffered tremendously as the unexploded shells kept killing and maiming people. Around 70 people have died in Tosamaidan during the last four to five decades and double than this injured. Almost 2 dozen have become completely disabled. It is a fact that many people got killed or seriously injured when they were trying to collect the ammunition scrap lying scattered in Tosamaidan but there are many cases wherein the unexploded shells killed people or injured them seriously when it went off accidently in the meadow or in the nearby villages as well. One such case dates back to May 19th 2014. Simran, a 6 year old girl, was killed in a blast near her house and her little brother Fayaz was seriously injured. Both the lower limbs of Fayaz were amputated and became permanently disabled. For the last 6 years Simran’s father Riyaz Ahmad a labourer is asking authorities to compensate him , but he didn’t get justice. In 2018 Riyaz was provided some relief amount out of legislators’ local area fund by Tasaduq Mufti , the then Tourism Minister. In addition to it Hope Disability Center (NGO) is providing artificial limbs to Fayaz which needs to be changed every year.
Operation Mission Fallah
In its response before NGT , Ministry of Defence (MoD) through a written statement said that around 2062 blinds (shells) were destroyed under its operation “Mission Falah’ which was taken up in August 2014 to clear Tosamaidan meadow of all live explosives, shells and other ammunition. Mission Fallah ended on October 22nd 2014. In its response the MoD counsel said in 2016 that no such information about presence of live shells was received from any civilians since the culmination of Mission Fallah and neither any incident of explosion has been reported from Tosa Maidan or any neighboring villages since the clearance activity. When there was a blast in 2018 August which killed Wajid Bashir the respondents did not utter a word and within less than 2 years there has been another incident which should be a wake up call for authorities. Only a few weeks back one more old live shell was found in village Drang of Khag but the same was destroyed by Army’s Bomb Disposal Squad (BDS) within hours. The prompt action by Army was appreciated by the locals.
Statement by Govt
Some years back former Chief Minister Omar Abdullah, while responding to PDP leader Naeem Akhtar had informed J&K Legislative Council that neither compensation nor any jobs have been provided to the families of deceased and injured persons due to artillery exercises. Under section 5 of the Manoeuvres Field Firing & Artillery Practice Act 1938 (MAFFAP Act), the monetary compensation has to be paid from the Defense Estimates for any damage caused to person or property. Section 5 of MAFFAP Act reads as: “Where a notification issued under section 2 authorizes the execution of military manoeuvres and the compensation shall be payable from the Defence Estimates for any damage to person or property or interference with rights or privileges arising from such maneuvers including expenses reasonably incurred in protecting person, property, rights and privileges”. I am unable to understand why this legal provision under MAFFAP Act 1938 is not put into practice by the Government ?
Conclusion
On one hand the Government has created a Tourism Development Authority for Tosamaidan and on the other hand unexploded shells continue to kill and injure people in the area. How can tourists visit this place in such a situation ? It is impressed upon the Government to clear the meadow from all the unexploded explosives. Moreover NGT’s July 11th 2016 order should be respected and the Ministry of Defence must direct authorities concerned to undertake a massive sanitization campaign in the area so that all the unexploded material is destroyed once for all. The Government must also compensate families whose loved ones lost their lives and those who became disabled should be provided some alternate livelihood. Asif who is totally disabled now should be given the best treatment and Govt must provide his family a monthly honorarium and a one time financial assistance as well . LG G G Murmu announced Rs 1 lakh relief for Asif but that is not sufficient even to meet his medical expenses. Ironically neither DC Budgam nor Additional DC who is also CEO of Tosamaidan Development Authority (TDA) have visited Asif’s family till date. Even most of the political parties too have remained tight lipped on this humane issue ….
(The author is Founder & Chairman of J&K RTI Movement)
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