As debate on holding of assembly elections in J&K is gaining momentum, nobody is talking about the Panchayat elections. The panchayat elections were supposed to be held by the end of last year as the 5 year term ended in December 2023. Even the term of Urban Local Bodies -ULBs came to an end last year and since then we have neither elected Municipal Corporations nor Councils or Committees in J&K. The absence of these local bodies is not only impacting our governance mechanism but it also undermines democracy as well.
On various occasions in the past, PM Modi and Home Minister Amit Shah have been highlighting the way the Govt of India took initiative to conduct Panchayat and ULB elections in J&K amid violence and militant threats in 2018. A group of elected Panchayat Members from J&K led by Chairman J&K Panchayat Conference Shafiq Mir had even met with PM Modi in presence of National Security Advisor -NSA Ajit Doval in New Delhi around December 2018. BJP’s national leadership and those from J&K have been highlighting the role played by Modi Govt in conducting 2018 panchayat and ULB elections when the PDP & NC had boycotted them. But as the term of these PRIs & ULBs came to an end last year, people are unable to understand why the fresh elections have been kept on hold by the same Govt which seemed a great proponent of local self governance.
This is a matter of serious concern and no political party in J&K has seriously highlighted this issue in the last 9 months. The politicians in J&K seem to be more concerned about holding of J&K Assembly elections which indicates that they also don’t want to make PRIs and ULBs stronger.
This article particularly focuses on the absence of PRIs and its impact on rural governance, especially how it is impacting the implementation of Forest Rights Act-FRA. I will come up with a separate article on the non-existent elected Urban Local Bodies -ULBs and its impact on development of cities and towns in J&K.
After article 370 abrogation, around 900 central laws were extended to J&K. Out of these laws, around a dozen legislations are quite beneficial for the people of J&K like Right to Education Act (RTE), Right to Information Act (RTI), Prevention of SC ST Atrocities Act, Forest Rights Act, Right to Fair Compensation Act, Consumer Protection Act etc. I have extensively written about these laws in the past.
There are some laws like the Forest Rights Act which cannot be enforced or implemented without holding a Gram Sabha – Halqa Majlis. But who will conduct these village assemblies? There are no elected Sarpanches or Panches and Block Development Officers have been appointed as Panchayat Administrators by Govt in January this year. I had, in fact, written a separate article in March this year, impressed upon the BDOs to conduct Gram Sabha to decide Forest Rights Act related cases.
I don’t think even a single Gram Sabha has been held on FRA till date in more than 4000 panchayats in J&K from January 2024 to July 2024. Even after court orders the Gram Sabha has not been held for one reason or the other.
Case study Branwar Budgam
In February, the Court of Sub Judge Chadoora in Budgam district had ordered that the Gram Sabha decide on the issue of granting of grazing rights to the local population of Branwar and its panchayats in Block Surasyar as mandated under the Forest Rights Act -FRA. The order issued by Civil Judge Senior Division Mr Mir Wajahat had issued directions to the Gram Sabha to consider the rights and preferences of both the parties within 30 days from the date of issuance of the order so that there is equitable distribution of resources. But the order passed on Feb 28th 2024 was not enforced on the ground until July 25th 2024 when the court issued the final verdict.
The same court while pronouncing the final judgment again ordered that a Maha Gram sabha be held to decide granting of grazing rights to the local population of Branwar , Neegu , Jabbad and adjoining villages as mandated under the Scheduled Tribes and Other Traditional Forest Dwellers (Reignition of Rights ) Act also known as Forest Rights Act 2006 -FRA. While disposing of the case titled Ghulam Mohammad Jahara & others v/s Ghulam Qadir Thekrey and others Sub Judge Chadoora (Civil Judge Senior Division) Mir Wajahat on July 25th 2024 ordered that defendants can utilize the 12 designated pasturelands in Doodh Ganga forest range in Budgam until the final call was taken by the Gram Sabha. The order reads as:
“In presence of all parties to the suit it was agreed that all disputes would be settled if a Maha Gram Sabha for all the pastures is conducted under the supervision of an expert lawyer designated by the court, involving all sub division heads of the concerned departments and in accordance with the law, rules and guidelines issued by the Hon’ble Supreme Court of India. Until Maha Gram sabha is conducted any person enjoying rights recognized by the Forest Department shall continue to do so without interference, until the Maha Gran sabha has the opportunity to deliberate and decide on the rights and preferences regarding this land to avoid any dispute pending decision by Gram Sabha. The defendants are permitted to utilize 12 designated pasturelands till then if permitted by law and officers at the helm of affairs.”
Background of the case
Pertinent to mention that plaintiffs Ghulam Mohammad Jahara alias Mama Chowdhary and others had claimed rights over Chaskani Nad meadow which is spread over an area of approximately 20,000 kanals of land located in Doodh Ganga forest range of Pir Panjaal forest division Budgam. Chowdhary family claims that this land was given to them on a goodwill gesture by the local pastoralist community around 50 years back when Ghulam Qadir Jahara alias Qadir Bakshi who is father of Ghulam Mohammad Jahara ( plaintiff) had prevented Bakerwals of Rajouri to encroach Chaskani Nad meadows. Since then he and his family claimed to have rights over this pastureland. This report has been submitted by the DFO Budgam in Sub Judge Court Chadoora.
The other party Ghulam Qadir Thekrey & others (defendants) who also belong to Gujjar community of Branwar allege that Ghulam Mohammad Jahara alias Mama Chowdhary and his father late Qadir Bakhsi had forcibly taken control over such a huge chunk of meadows and were allegedly earning money from it as the family takes money from Bakarwals of Rajouri and Poonch for grazing their animals in summer months while as majority of the local Gujjar and other pastoralist communities were deprived of these rights. They claimed that after extension of Forest Rights Act -2006 to J&K post article 370 abrogation, such undemocratic practices ceased to act .
The matter finally landed in court last year and Sub Judge Chadoora had earlier also issued some orders and repeatedly it was ordered that the Gram Sabha must decide the matter. Pertinently under Forest Rights Act 2006 also Gram Sabha is the supreme authority to decide upon the claims filed by local population. The Gram Sabha is the adult population of the village (18 years and above) and 50 % quorum is necessary to decide on the Forest Rights Act (FRA) related cases.
Withholding Gram Sabha
On June 28th, one of the applicants (plaintiffs) in the case Saifudin Jahara who is brother of Ghulam Mohammad Jahara along with Abul Rashid Jahara alias Hangdar had requested DC Budgam to withhold the Gram Sabha which had to meet on July 1st 2024. The Chief Planning Officer-CPO Budgam had written to concerned Block Development Officer -BDO Surasyar to postpone the Gram Sabha. Since then Gram Sabha also Halqa Majlis hasn’t been held. Had the BDO not been the administrator of panchayats this would not have happened.
The officer has to abide by the orders of his seniors but the elected Panchayat won’t get such orders at all. Both Saifudin and Rashid as per the local sources are Chairpersons of the Forest Rights Committee-FRC in Branwar and Jabbad panchayat halqas and Gram sabha has the power to change these Chairpersons as well. The people apprehend the decision of gram sabha will go against them and all the locals will get grazing rights plus new Chairpersons for local FRCs would be elected.
Conclusion
The J&K Assembly, Panchayat and ULB elections should all be conducted urgently as people are suffering a lot. Even the village development plans are not prepared democratically as Gram Sabhas are not held at all. Until fresh panchayat elections are held, the Secretary Rural Development Department & Panchayati Raj Department and all the Deputy Commissioners must issue a circular to Block Development Officers (BDOs) to conduct gram sabha at least once in a week in at least one Panchayat halqa. Lastly, the Maha Gram Sabha to decide grazing rights in Chaskani Nad meadows of Pir Panjal Forest division in Budgam should also be conducted without any delay as soon as possible.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
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