Thursday, April 18, 2024
 
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Malice against ‘outsiders’, BJP joins bandwagon?
Straight Talk



By K B Jandial


Winning elections is perhaps easier than running a Government, more so when it is a coalition of parties with opposite ideologies. Parties ‘sacrifice’ their ideologies, wittingly or unwittingly to remain in power. Nothing could be more demonstrative of this political compulsion than north pole-south pole alliance Government in India’s most sensitive state of J&K.

Some may call it political opportunism or lust for power as once die-hard political outfit doing just opposite to what its leaders had been propagating in the past. BJP, ultra nationalist party, is in alliance with Kashmir’s once soft separatist party-PDP since March last year.

Both parties have been accused by their political opponents of ‘sacrificing’ their core ideologies to ‘remain’ in power. Certain compromises from their stated positions may be disheartening for their cadre but at times, these are essential for peace and unity of the sole Muslim majority State with intense diversity. Successful Governments avoid joining issues with the people and prevent mass agitations or serious law and order situations without giving in much. But when they succumb to pressure on account of unreasonable and illogical demands in order to buy peace it can be accused of cowardice.


Last fortnight, two significant developments took place which put BJP to embarrassing position. The new Industrial Policy sanctioned during the apolitical Governor’s Rule was made a serious issue by the pro-Pak separatists supported by opposition parties & Kashmir’s civil society which threatened to launch mass agitation on three issues including new Industrial policy claiming that these are “conspiracies to settle non-State Subjects to change the demography of Kashmir”. Other two issues were separate KPs colonies and Sainik colony. All the issues were projected mischievously to whip up anti-India sentiments and the Govt. has surrendered in all.

The New Industrial policy designed to give fillip to industrialization in job starved state where one of the reasons for ‘unrest’ is attributed to lack of job opportunities in the under-developed private sector. The Policy aims at attracting Rs. 2000 cr. and creating 15000 direct and indirect employments annually. It also aims at creating industrial infrastructure in the form of Industrial Growth Centres/Estates, Industrial Parks on the pattern of SEZ. The State has developed 53 Industrial Estates while new 29 Estates are currently under development.


Since the Govt. doesn’t have much of state land left with it a new concept of development of state-of-art Industrial Estates and IT Parks through Public Private Partnership mode or exclusively by the private promoters.


While private promoters with in J&K would be encouraged for this investment, provision was made for attracting non-state subjects also as they alone could be the major source of investment. Keeping in view the State’s special laws restricting ownership to the permanent residents alone, due precaution was taken in the policy to make it in line with the state’s special laws.


Clause 2.11.2 provided that in case of outsiders “SICOP or SIDCO with the prior approval of the State Govt may acquire land through the concerned District Collector on behalf of the Private Promoter with the cost of land and agency charges as may be determined provided in full by the promoter and lease it on 90 years (initially 40 years, renewable for a period of 40 years at a time provided that the maximum period of lease shall in no circumstances exceed 90 years) on mutually agreed terms and conditions”.



A Srinagar daily touched Hornets’ nest on 12th May this year with its report that the policy has “opened gates for non-state subjects” in J&K. It quoted Federation of Industries & Commerce, Kashmir (FCIK) that “the Govt has laid thrust on bringing outside investors at the cost of locals”. The separatists immediately raised the banner against it that was supported by the mainstream opposition.


PDP’s think tank, Naeem Akhtar hurriedly convened a press conference to confirm apprehension of the news report, saying that “certain things” in the policy needed a re-look and assured that there would be no compromise on the State’s special status. Does the policy really “compromise” the J&K‘s special status? How? Alleged dilution of State’s special status also came under attack in the ongoing session of the Legislature.



While the PDP has been among the strong votaries of protecting state’s special status, the BJP had all along been agitating against this special status and campaigned for integration with India- emotionally and physically. Now, the same BJP has got everything wrong on issue of “integration” that dents her image as well as erodes its core constituency.


It appears that BJP, in fact, played the ball for PDP whose two ‘point men’ in the cabinet- Naeem and Drabu- publically found “fault” with the clause 2.11.2. Even though the Ministry of Industry and commerce is with BJP, the PDP ministers were calling the shots. After a month of Naeem’s assurance, the claimed offending provision was removed by none other than BJP Minister Chander Parkash Ganga himself. Now the investors are the hope of setting up planned SEZ type ultra-modern Industrial Estates which would remain a distant possibility as there are no investors in the State who could take up such projects. The popular perception is that state’s industrial culture is confined to subsidies and refund of excise duty. Policy’s targeted job creation shall remain only a dream.


There was no ambiguity of this issue. Section 4 (1) of the J&K Land Grants Act, 1960 says that no “land shall be granted on lease to the person, who is not a permanent resident of the state; except where the Government for the reasons to be recorded relax this restriction in the interest of industrial or commercial development or….” This being the legal position how the state’s special position was being compromised? More than 5000 outsiders’ units had been set up in the State without any problem. Sheikh Abdullah was pioneering in this drive and had successfully persuaded India’s Industrial biggies to set up units in J&K on 90 years’ lease basis that pushed growth of industrial sector in J&K.



As nothing of the sort was there in the Policy, the second point man of PDP Hasib Drabu justified deletion of “contentious” clause by saying that it had “potential of being misused”. How? According to the policy, it would be the Govt. which will approve the non-state subject investment cases and it would again be Government agency which would acquire land through prescribed Revenue authorities. Then how there is “potential” of being misused? Existence of Birla unit in Kathua since sixties is a testimony against “misuse” theory. He also aired reservation on dispersal of incentives- whether on unit basis or Estates basis. The Financial wizards should have evolved some way out and allowed industrial investment that would have generated substantial job opportunities.


Instead of educating the people of Kashmir on it and also the huge benefits following from this provision, the diehard in the ruling parties ensured yet another climb down. The Govt. has faulted by obliging the opposition and separatists by its ill-advised roll back. It should know that opposition parties are happy if people are disillusioned from the Govt. and separatists get ‘fertile’ ground for their anti- India machinations.


Close on its heels, BJP fired another salvo to “keep J&K away from the national mainstream” by canceling a mining contract as it was awarded to an outsider. Complying with “directions” of the Speaker, Industries Minister annulled the lease of Chandigarh party for excavation in Ravi Canal in Kathua and Director, Geology and Mining Farooq Ahmad Khan suspended. He had allegedly granted the lease rights when the relevant SRO 105 was put on hold and a House Committee was looking in to this contentious order governing the grant of mining lease rights. Action against officer for “disobedience” of the Speaker’s order is understandable but the issue is of the SRO. However, the impugned order was issued on 12 May, 2016 whereas the budget session started only on 25th May.



The SRO-105 came under sharp criticism in the Assembly because of its provisions for open auction for mining rights which would be open to non-state subjects also. The ‘offending’ part is inclusion of non-state subjects in auction. Some legislators called the SRO violative of special status. Resistance from Kashmir centric parties is understandable but why BJP is raising the banner?


How would the State suffer by allowing outsiders in open auction? Do they want to restrict the auction to limited hands to benefit a few under the garb of Article 370? How does it violate Art 370? Is there any vested interest in questioning this SRO?



It neither violates Art. 370 nor harmful for the State. By all means, it would be benefitted by higher bids. Going by the present anti- outsiders’ environment, not much is expected from the House Committee.

It is beyond understanding as to why BJP, or for that matter ‘bold’ Mehbooba Govt is turning against ‘outsiders’ when the State laws permit their participation and investment in ‘industrial’ sector? The new Industrial policy was designed to revolutionize industrial sector by adopting SEZ type private Industrial Estates on PPP mode that would have brought in fresh investment. But the problem is that political leaders are concerned with malice against outsiders and not the good of the people.


It a travesty of fact that while BJP Govt. at the Centre has opened 100% FDI in many sectors, the same BJP in J&K is a party to block ‘Indian’ investment? Such huge FDIs in critical sectors like Defence production pose no danger to India but J&K’s special status is threatened by Indian investment.

May be, Kashmir leadership had a feeling that given the security situation in Kashmir and mind-set of people, not many would be takers of private land in Kashmir and Jammu would be the sole beneficiary. But it forgot that enterprising youth of Kashmir don’t shy from serving in Jammu as is evident from the exiting Jammu scenario. It is high time that State leadership stops smelling threat to ‘special status’ and shed its malice against “outsiders”.







(The writer is former Secretary Information, health, transport, CAPD departments and a member of Public Service Commission, feedback: [email protected])




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