When I was asked to deliberate on disposal of cases under Forest Rights Act -FRA especially Community Forest Rights-CFR during a national consultation at Nagpur, Maharashtra recently, I expressed my deep anguish about lack of elected panchayat bodies in J&K that would take up such cases. I along with some of my colleagues had gone to Nagpur to attend this national level programme titled “Bio-diversity Conservation and Sustainable Livelihood Through Community Forest Management”. The participants from almost one dozen states were shocked to know that for the last 2 ½ years Panchayat and Municipal elections have not been held in J&K ?
The 5 year term 4291 Panchayats in Jammu & Kashmir which includes 33,597 Panchayat wards officially ended on January 9, 2024. The five year term of Urban Local Bodies -ULBs also came to end in November 2023. It is now more than 2 ½ years and we have no elected members of Panchayat or Urban Local Bodies (Municipal Corporations , Councils and Committees). In addition to Manipur, Jammu & Kashmir is the only UT / State where we have no elected local bodies and our elected Govt is also not at all bothered about this? I remember when the last Panchayat and ULB elections were held in 2018, the Prime Minister and other top leadership of ruling BJP had highlighted that initiative for months. The ULB and Panchayat elections were followed by District Development Council-DDC elections which were held in November-December 2020. This was much appreciated as this ensured the setting up of a three tier panchayati raj system. The term of DDCs also ended early this year. For the last more than 2 ½ years we have defunct rural and urban local bodies and neither Govt of India nor Jammu & Kashmir Govt authorities are uttering a word ?
UNDERMINING DEMOCRACYThe absence of these local bodies is not only impacting our governance at village level but it also undermines democracy. For the last many weeks I am getting calls from different villages that their village development plans are not formulated in a transparent manner. The Block Development Officers-BDOs have been given the charge of Panchayat Administrators. On January 10th 2024 Jammu and Kashmir Government appointed Block Development Officers (BDOs) as administrators for running affairs of panchayat halqas under their jurisdiction for a period of six months. The order mentioned that the arrangement was made for 6 months or till further orders? It was assumed that by March or April 2024 the Panchayat & ULB elections in J&K would be held. But this didn’t happen and after some time Lok Sabha elections were held in April -May 2024. People were sure that by June or July 2024 the elections would be held and instead J&K Assembly Elections were held in Oct 2024. After CM Omar Abdullah came to power it was presumed that he would make sure to hold Panchayat and ULB elections , again that didn’t happen till date ? It seems the elected Govt is also not in favour of holding these elections?
SEC ASSURANCES?In March this year the State Election Commission-SEC said that Panchayat and ULB elections would be held soon and three months have elapsed. We see nothing happening on the ground? According to top Govt officials, elections to local bodies could not be held on time due to multiple factors, including the delimitation exercise and the reservation of wards for Other Backward Classes-OBCs, but this is a lame excuse as delaying election for more than 2 1/2 years is unacceptable. BJP MLA Baldev Raj Sharma raised this issue in the Legislative Assembly last year and Minister in charge of elections, Javed Ahmad Dar while responding to his starred question said that the election commission was making necessary arrangements for holding panchayat and ULB elections at the earliest. But nobody knows what the word “earliest” means ?
POLITICAL PARTIES SILENT?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 AjitDoval 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 and DDCs has come to an end 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? Ironically BJP and NC leaders are silent on this issue and so are other political parties like PDP, Congress, Apni Party, Peoples Conference, AIP, AAP and others ?
PM AT PALLI PANCHAYAT OF JAMMUI remember Prime Minister Narendra Modi visited Palli Gram Panchayat in Samba District of Jammu on April 24th 2022 to participate in the celebration of National Panchayati Raj Day. He addressed all the Gram Sabhas across the country through video conferencing. Almost all the Sarpanches and Panches of J&K went to participate in that programme in Sambha. Lt Governor Jammu and Kashmir Manoj Sinha, Union Ministers Shri Giriraj Singh, Dr. Jitendra Singh and Kapil MoreshwarPatil were among those present on the occasion. The Prime Minister said that “celebration of National Panchayati Raj Day in Jammu and Kashmir marks a big change.” He expressed deep satisfaction and pride that democracy has made way to the grassroots in Jammu and Kashmir.“Be it democracy or resolve for development, today Jammu and Kashmir is presenting a new example. In the last 2-3 years, new dimensions of development have been created in Jammu and Kashmir”,PM said.
FRA CASES NOT DECIDEDIn February 2024, 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 the then Civil Judge Senior Division 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 has not been enforced on the ground till date? Even till this date the gram sabha / halqamajlis meeting has not been held due to absence of an elected panchayat. The Govt officials who were supposed to hold the meeting under supervision of local BDO (Panchayat Administrator) are reluctant to hold the same as some officials were supporting people who had encroached upon grazing land in the PirPanjal forest division? Had there been an elected Panchayat the concerned BDO could not have issued orders last year to cancel the gram sabha meeting. Had there been an elected panchayat in Branwar Block Surasyar District Budgam the matter would have been addressed democratically by the gram sabha (halqamajlis) as mandated under Forest Rights Act -FRA.
CONCLUSIONThe absence of PRIs especially is having a huge impact on rural governance, especially how it is impacting the formulation of the village development plans. The HalqaMajlis / Gram Sabha meetings are not held properly. Even if these meetings are held the village plans are allegedly tampered with and changed by BDO offices . The cases under Forest Rights Act-FRA giving community rights to people are not addressed due to non holding of Gram Sabhas. There are lots of challenges and authorities are not bothered. The political parties in order to get political mileage ensured panchayat elections were held amid violence in 2018 but when things are better and educated people want to participate in these elections the Govt is completely silent ?
Dr Raja Muzaffar Bhat is Founder of J&K RTI Movement & Chairman J&K Climate Action Group