Ranbir Singh Pathania
Rob Peter to Pay Paul. This is precisely what has happened in J&K in the past few decades.
Two yardsticks for two divisions: According to the 2011 census, the population of Jammu division is 53,78,538, while total area is spread over 26,293 sq km. While population of Kashmir division is 68,88,475, and area is 15, 948 sq km. As per a Government reply in Lok Sabha last year there are 37,33,111 voters (100894) in Jammu division, 40,10,971 (87195) voters in Kashmir division.
- No. Province/region Average area Average population Average voters
(Per Assembly) (Per Assembly) (Per Assembly)
1 Jammu 710 square kilometers 149,749 souls 100894
2 Kashmir 346 square kilometers 145366 souls 87195
Moreso, this discrimination percolates even to the Lok Sabha and Panchayat level where.
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.
It is in the same vein, Kashmir has greater number of sarpanches/panches as compared to Jammu.
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.
A Delimitation Commission with Justice (Retd) Ranjana Desai as its Chairperson has been set up with a view to assessing the peoples’ pulse and conducting a fair demarcation of assembly seats in J&K. Thoughts and theories have flown thick and fast on public platforms. Some say Jammu will be a gainer. Others say Kashmir will win the see-saw battle.
What Delimitation Commission Can Do: – As per Section- 9 of Delimitation Act, 2002, “The Commission shall, in the manner herein provided, distribute seats assigned to the Legislative Assembly of each State and delimit them on the basis of the census figures …”
” …All constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience”
Question marks on 2011 census: – Serious question marks have been placed with regard to credibility of figures detailed in 2011 census. The birth rates in a few districts of Kashmir have shown an unusual spiral. Greater number of people have not yet turned up for enrolling themselves under Adhaar. There is comparatively bigger gap between voter/population ratio in Kashmir. Interestingly, number of non voters in many areas of Kashmir is greater as compared to that in Jammu.
One thing is clear that for purposes of delimitation, neither Jammu nor Kashmir in isolation is a unit. Delimitation Commission has to divide the entire UT of J&K into ninety units with a particular set of population, means of communication, terrain and like considerations. Nonetheless, treating unequals equally is itself a violation of ‘Right to equality’.
Uttarakhand model of delimitation: – Once we address the issue of ‘rationalization of assembly seats’ we should be pretty open to discussing Uttarakhand model of delimitation. As per the model, J&K shall be divided into three zones- ‘Plain’, ‘Hilly’, ‘Semi Plain and Semi Hilly’. The number of points to be allocated to population should be lesser in category – 03 (semi-plain) and much lesser in category -02 (hilly). Fact will remain not only the population, the drinking water, road connectivity, infrastructure requirements do need to be echoed on the floor of Assembly. To put it the simpler way, the people should be easily able to reach to the elected representative. Conversely, the elected representatives should be in a position to better reach out to their electorate.
Political justice for all: The basic object of Delimitation Commission should be ‘political justice for all’. Without allowing itself to be pigeon-holed into a narrow, otiose and unworkable construction of rules and procedures, it should rely on principles of equity, justice and good conscience. If it sincerely wishes to deliver political justice to the people of J&K. To set at rest the ever increasing gulf between two regions as well as cries of discrimination and neglect. The war cry remains now or never.
Jammu or Kashmir win or loose, is a smaller question. Bigger view of the matter remains that political justice to the people of J&K is delivered. The cat is belled permanently.
Representation for the unheard: – J&K is a miniature India. A small and a sparsely-spread state having number of cultures, castes, creeds and religions. And to ensure that a almost every ethnic group finds a voice, a formula needs to be devised out in line with section-13 of J&K Reorganization Act and Article-239(a) of the Constitution of India, reading as “- (1) Parliament may by law create for-
(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory ”
Let us hope jugglery and jarred figures at least give way to healthy political discourse and a vibrant, balanced political setup in J&K with least friction between regions or religions.
Let us wait and watch with our fingers crossed, toes upped and breaths gasped.
(The author was member of 11th J&K Legislative Assembly)
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