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.
Mentionably that the inception of ‘so-called freedom movement’ of Kashmir in 1931, spearheaded by Sheikh Abdullah’s Muslim Conference (rechristened as National Conference) was communal. And the lead slogan of the stir was ‘Dogro Kashmir chorr do.’
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.
S. No. Province/region Average area
(Per Assembly) Average population
(Per Assembly) Average voters
(Per Assembly)
1 Jammu 710 square kilometers 149,749 souls 100894
2 Kashmir 346 square kilometers 145366 souls 87195
More so, 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.
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Going by the letter and mandate of the repealed Jammu and Kashmir Representation of Peoples Act, the central Representation of Peoples Act as well as Delimitation Act, criteria for allocating assembly seats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 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, Karnah 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 the people of Jammu unabashedly and unabatedly. Rather attempts have been made to cripple and virtually demean and debase nationalist people of Jammu and Ladakh. Possible with an overt motive to subjugate and block the path of a Chief Minister from Jammu to become.
I remember a lively interaction of J & K High Court Bar Association with Sh. Dilip Padgaonkar and Mrs 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 had 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 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.
Centre is learnt to have engaged MPs with the process of delimitation but it needs to o engage legislators of dissolved 11th Assembly in line with section 5 of Delimitation Act 2002. and the precedent followed by Delimitation Commission led by Sh. K. K. Gupta. While the Assembly stood dissolved, Justice KK Gupta had engaged members of dissolved Assembly with the process of delimitation.
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 fresh Assembly elections in J & K.
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. 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".
|
