Govt. proposals aimed at dilution of State Subject Law: KCSDS

Srinagar:  Kashmir Centre for Social and Development Studies (KCSDS) and Jammu Kashmir Bar Association Saturday alleged that some treacherous proposals of the government that have been quietly and intriguingly thrown up during the past several weeks aimed at inflicting a body blow  to our psyche,  demographics  of the  state and creation of communal  balkanization and last but not least the tacit consent in handing over the  admission process of MBBS to central authority to further erode article 370 by virtue of the latest judgment of Supreme Court on the criterion  of admission to Medical colleges  referred to as NEET.

 Addressing a press conference here, KCDS Chairperson Professor Nayeema Hameed said that there are Government  proposals  to construct permanent residential accommodation  for retired  army men and construction of homeless non- state subjects through different  proposals  and the proposed construction  of separate enclaves for’ pandits’.  “These  are treacherous clandestine moves to dilute the state subject law and communalize  Kashmir valley in the most sinister manner,” she said.

“We have organized this press conference jointly  to warn the government  in strongest terms against  the implementation of these treacherous and illegitimate plans which are aimed at legitimizing the  illegal  settlements  and to make people aware of the nefarious designs of the present government.

 “First is the  construction of permanent shelters for non state subjects in Jammu and Kupwara districts under National Urban Livelihood Mission (N ULM) for the year 2015-2016.  We have come across a copy of the revised minutes of the Project Sanctioning Committee constituted for finalization of shelter for urban homeless in the two districts.

According to the minutes dated 8 January 2016, the commissioner housing and urban development pressed for the construction of similar facilities in other districts like Srinagar, Samba, Budgam, Reasi and Kathua in the near future. We   found the minutes  very confusing and deceitful.

In one sentence  it  states  that this component  will focus  on providing shelter to people  who are living either  on roadside or under flyovers or in the homes of their relatives.  In another sentence it states “the occupants will not be necessarily state subjects and that the facility thus created shall be transitory,”

It is common knowledge that there are no homeless persons in our state. Even the poorest person has a shelter in Kashmir. To that extent the attempt is to transplant a city like Delhi in Kupwara and Jammu to begin with. The issue of homeless persons is a feature of industrialized cities rather than broadly agricultural societies like Kashmir.

Viewed this way, the project is yet another attempt to drill a hole in the state subject law of the state under the garb of so-called humanitarian concern.  In reality, it is part of the state machinations to settle outsiders in the state of J&K to change its demographics,”

  “We believe NULM project does not apply to JK because the situation of homeless people does not exist here,” she said.

“Secondly, the state cannot provide this facility to outsiders precisely because state subject law does not permit it. The project is, therefore, a masquerade for diluting the state subject law by settling outside labour force, stray visitors and others in the state. The minutes are full of prevarications to deceive Kashmiris into believing that it is purely a harmless humanitarian project meant to serve ‘imaginary homeless citizens of the  state’  but actually meant to stab them in the back.”

 “Second is the latest directions from New Delhi to CM to identify 350 kanals of  land for sainik colony for    army men who have served Indian state by  ravaging Kashmir and her inhabitants  This  is the worst kind  of  charade governmentt is playing on the wounded psyche of Kashmir besides diluting the  state subject law. CM’s fast track directions to DCs of Srinagar and Budgam to identify land for Sainik colony  is highly deplorable  and must  be thwarted  forthwith. The plan of  constructing ‘ Pandit enclaves’  about which we have made  our stand clear many a times in the previous years  is again a  political move to settle non kashmirs hindus  in the state on the pretext of Pandits’ rehabilitation to grab land , hinduise Kashmir and  to create communal  balkanization in the valley.  Pandits could be settled in their own previous neighibourhoods. Around ten thousand families are living  here in mixed neighbourhoods and are sufficient  to  testify to the fact that they  can sink and swim with their muslim neighbours. The situation of   90s  does not prevail today.We warn this govt to  stop the implementation of these conspiratorial proposals meant  to  hurt kashmiris extremely, change demographics of the state and  in the name of pandits’ return create communal settlements to keep Kashmir in  a  perpetual state of  war to  provide ammunition for BJP-RSS  electoral  politics in the whole of  India. It is a shame for BJP-RSS Govt  that the entire electoral politics  of  over one billion people hinges  on the destruction  and devastation of  our  eco fragile landscape and an agenda  to hinduize and territorialize Kashmir, the only muslim majority state  under her forcible  control  with a population of 13 million  out of  over a billion strong  Hindu majority  population,” Hameeda Nayeem said.

“The third is the supreme court Judgment  on NEET which  is a direct ambush on our special status because the subject of  ‘Education’ in our case  is under the jurisdiction of State Govt.   The   42nd amendment which was brought in 1977 to put Education  on  the  concurrent list , did not   extend to our state because of Art 370. As such the subject of Education continues on  the state list  and only our state has exclusive powers to regulate and legislate on  this subject.  The Supreme Court Judgment can not apply to our State. If it is sought to be implemented here, that will constitute a direct attack on our  status and will be very  fiercely resisted  by one and all especially the younger generation whose interested  are projected to be  the dearest to the present govt.”

 “If the  process  of selection to medical  colleges in the state  is left with Indian authorities,  our students  will suffer  worst type of discrimination and  most of them would  be left out .We are already witnessing  our students  being   tortured in Indian colleges  and universities on flimsy  grounds like  cheering for   their favorite cricket teams , consumption of non-vegetarian food etc.  Therefore, the people of J&K won’t put their sons & daughters to risk in the company of   those who could  adversely affect their physical and mental health.”

 While talking about the ‘illegal’ confinement of Handwara girl and alleged harassment of youth Kashmir Bar Association President Mian Abdul Qayoom said that the minor girl in Handwara who reported alleged sexual assault by the armed forces has been in illegal police custody since April 12. “Her video statement  taken in police custody under coercion & undue influence  has been widely circulated in violation of the law which has sought to malign the image of the girl and vaguely absolve the armed forces of the complaint before any investigation of the allegations can take place. No action has been taken against  the army which has admitted to circulation of vedio in a statement before the Court.”

 “In police custody, the minor has been molested, pressurised and dealt with in an unacceptable, unethical and illegal manner. We urge the Govt. to immediately end her & her family’s illegal confinement fortwith, failing which the people of the state will be forced to come on roads to protect the girl from the predators,” he said. (CNS)




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