Land and its ownership have been at the centre of a debate in Jammu and Kashmir (J&K) since August 5, 2019, when the Centre revoked the special status granted to the erstwhile State under Article 370 of the Constitution. The special status contained protective provisions for land, housing, and jobs for State Subjects (locals).
Over the last few weeks, the debate has become more intense with the Lieutenant Governor’s administration introducing a slew of schemes for homeless and landless people, and migrant workers. Regional parties have expressed concern that these schemes will open doors for outsiders to settle in J&K.
A week ago, Lieutenant Governor Manoj Sinha announced a scheme to grant five marlas (252 square feet) of land to the landless population under the Pradhan Mantri Awas Yojana-Gramin (PMAY-G). Around 2,711 households have been designated as “landless” in the first phase. Besides this, the Union Ministry of Rural Development has set a target to grant 1.99 lakh houses to the homeless population in J&K by 2024.
Weeks earlier, Mr. Sinha had announced the Affordable Rental Housing Complexes (ARHC) scheme, which provides rental housing for Economically Weaker Sections (EWS) and Low-Income Groups (LIGs). The scheme covers urban migrants including labourers, street vendors and rickshaw pullers working in the Union Territory. Laying the eligibility criteria for this scheme, the J&K Housing Board said it would accept applications “from any citizen of India who migrated to Jammu from any part of India temporarily or permanently, for employment, education, long-term tourist visit, etc.” It is likely that migrant workers and their children would become eligible for domicile in J&K with this scheme. They can apply for land and jobs if they have lived in the UT for 15 years or have studied for seven years or appeared in the Class X or Class XII examination, as per the new domicile laws passed after 2019.
Regional parties are also concerned about constant amendments to laws. J&K has recorded the highest number of amendments to land laws and re-allocations in the past four years. The administration amended the rules of the J&K Industrial Policy 2021-30, the J&K Industrial Land Allotment Policy 2021-30, and the J&K Private Industrial Estate Development Policy 2021-30 to make make available 30,000 kanals (3,749.9 acres) for industries to woo outside investment. In 2021, amendments were made to land laws passed after 2019 to further liberalise the conversion of agricultural land for industrial purposes.
Even political parties which operate from the Jammu division, where the Bharatiya Janata Party (BJP) has significant support, have been critical of the latest moves. Various parties have pledged to oppose any move that seeks to provide land to outsiders. Peoples Democratic Party president Mehbooba Mufti quoted the Ministry of Housing and Urban Affairs which said that 19,045 people were homeless in J&K in 2021. She said that there was a glaring mismatch between the official figure for the homeless and the target to grant 1.99 lakh houses to the homeless. She said that the administration’s intent seemed to be to “settle outsiders” and “import slums” to J&K. Omar Abdullah from the National Conference and Sajad Lone from the Peoples Conference warned the administration against accommodating people beyond 2019 and sought clarification on the eligibility criteria.
According to the Lieutenant Governor’s administration, those residing on forest land, Rakhs, farmland and the Dachigam National Park, where construction is not allowed, will be provided land in the first phase. However, the administration remained silent on whether there would be evictions. It has also considered designating as landless those people who are occupying custodian land — pockets of land left behind by those who migrated from J&K to Pakistan or Pakistan-occupied Kashmir in 1947. Mr. Sinha has defended the PMAY-G saying it would enable the landless poor to own land and raise their standards of living.
However, faced with a public outcry, the administration hastened to clarify that only 2,711 landless families which were part of the 2018-19 Permanent Wait List of Homeless Persons of J&K (before the Centre ended special status) would be provided land under the scheme. The controversy reflects the growing chasm between the J&K political class and the BJP-ruled Centre.
