The battle for land rights in Jammu and Kashmir is a longstanding issue that continues to shape the region’s socio-political landscape. From historical conflicts to modern-day disputes, land rights in Jammu and Kashmir remain a contentious and deeply emotional topic. This article delves into the complexities surrounding this issue, examining its roots, the key players involved, and the impact on local communities.

Historical Context of Land Rights in Jammu and Kashmir

The history of land rights in Jammu and Kashmir is a tapestry of colonial legacies, princely state policies, and socio-political movements. The Dogra dynasty’s rule, which began in the 19th century, significantly influenced land ownership patterns, often favoring the elite and displacing local farmers. The region’s accession to India in 1947 further complicated matters, intertwining land rights with national security and identity politics.

Post-1947 Land Reforms

After Jammu and Kashmir’s accession to India, the government initiated several land reforms aimed at redistributing land to the tillers and eradicating feudal structures. The “Big Landed Estates Abolition Act” of 1950 was a landmark legislation that sought to transfer land from landlords to tenants. While it succeeded in breaking the back of feudalism, the implementation of these reforms was fraught with challenges, leading to new forms of inequity and unrest.

Article 370 and Land Rights

The abrogation of Article 370 in August 2019 marked a significant turning point for land rights in Jammu and Kashmir. This constitutional provision granted special autonomy to the region, including exclusive land ownership rights for its residents. With its revocation, the Indian government opened the doors for non-residents to buy land in Jammu and Kashmir, sparking fears of demographic changes and loss of cultural identity among the local population.

The Plight of Barwal Village

In the peaceful hills of Kathua district, a growing unrest is spreading among the villagers, one that has deep historical roots. This discontent is not born out of mere dissatisfaction but from a deep-rooted fear of losing the very land their ancestors bled, toiled, and thrived upon. This is the story of Barwal village, where the echoes of the past meet the stark realities of the present, and the battle for land rights takes center stage.

The Historical Context

In 1950, two brothers returned to Barwal village after spending seven long years in a foreign prison during World War II. Their return was marked not by rest, but by a new struggle against the arid and rocky hills they chose to cultivate. The mango trees they planted stood as a testament to their hard work. Yet, the land they nurtured and transformed into fertile ground is now under threat. The Union Territory administration is poised to transfer this land to the Jammu & Kashmir State Industrial Development Corporation (SIDCO), a move that threatens to uproot their descendants and destroy their legacy.

The Legal Tangle

The predicament of Barwal’s villagers is a consequence of the sweeping changes in land laws after the revocation of Jammu & Kashmir’s special status on August 5, 2019. Laws that once safeguarded the rights of local farming communities have been scrapped. Consequently, state land, community land, and evacuee land are now being reallocated, often at the expense of the local populace.

A retired veterinary surgeon voices the collective anxiety: “At least 80 percent of the villagers are dependent on agriculture and dairy farming. After losing state land, they will be economically ruined.” The plight of the villagers is further exacerbated by the indiscriminate felling of tens of thousands of trees, a symbol of their hard-earned prosperity now facing eradication.

Industrial Overreach and Environmental Concerns

The Union Territory administration’s push for industrial development, facilitated by the creation of land banks under the New Central Sector Scheme for Industrial Development, has met with significant resistance. Graffiti reading “SIDCO go back” adorns the walls of Barwal village, a stark reminder of the villagers’ defiance against industrial encroachment. They cite examples from nearby villages where industrial pollution has led to severe health issues among children.

A local activist highlights the environmental and economic implications: “SIDCO is retrieving 723 kanals (90.37 acres) of state land for new industrial clusters. In adjoining villages, many industrial units set up by SIDCO are inoperative. Non-local investors are coming here to enjoy government subsidies and incentives, while the local ecosystem and economy suffer.”

The Human Cost

The human cost of these changes is profound. A resident of Barwal who established a poultry farm three years ago is now being asked to vacate the land he purchased 40 years ago. The stress and uncertainty have already claimed the lives of his elder brother and mother. He laments, “Why can’t the government consider my poultry farm as an industrial unit? I too can generate employment if I am allowed to work peacefully.”

The villagers’ desperation is palpable. Many are selling their land out of compulsion, driven by the monkey menace that has rendered agriculture unsustainable. An advocate who is also a chairperson of a local association advocates for small-scale and agro-based industries instead of large industrial units that displace local communities.

The Broader Implications

The “anti-encroachment” drive extends beyond Barwal, affecting farmers across multiple districts. These farmers, who once held partial rights under agrarian reforms and the “Grow More Food Policy,” are now losing their land without any financial compensation. The situation is further complicated by a controversial act declared unconstitutional by the Jammu and Kashmir High Court in 2020. The Act aimed to transfer ownership of state land to its occupants for a fee, but its nullification has left many small farmers in a precarious position.

Future Prospects for Land Rights in Jammu and Kashmir

Looking ahead, the future of land rights in Jammu and Kashmir will depend on the region’s ability to balance development with the protection of local rights. Inclusive and participatory approaches are essential for addressing the concerns of all stakeholders. Policymakers must engage with local communities, ensuring their voices are heard in the decision-making process.

FAQs

What is the historical significance of land rights in Jammu and Kashmir?

Land rights in Jammu and Kashmir have deep historical roots, influenced by colonial legacies and princely state policies that shaped ownership patterns and social hierarchies.

How did the abrogation of Article 370 affect land rights in Jammu and Kashmir?

The abrogation of Article 370 removed the region’s special autonomy, allowing non-residents to purchase land and raising concerns about demographic changes and cultural identity loss.

What are the main challenges in implementing land reforms in Jammu and Kashmir?

Challenges include legal complexities, resistance from vested interests, and ensuring equitable land distribution without displacing local communities.

How do land disputes impact the environment in Jammu and Kashmir?

Land disputes often lead to environmental degradation, including deforestation and unchecked development, threatening the region’s fragile ecology.

What role do local communities play in the struggle for land rights?

Local communities are at the forefront of land rights movements, advocating for the protection of their ancestral lands and sustainable land management practices.

What are the economic implications of land rights in Jammu and Kashmir?

Land rights are crucial for the region’s agrarian economy, and equitable land distribution is vital for economic stability and growth.

Conclusion

The ongoing struggle in Barwal village and beyond is a poignant reminder of the complex interplay between development, environmental sustainability, and human rights. While industrial development is essential for economic growth, it must not come at the cost of displacing communities and destroying their livelihoods. The government must strike a balance between promoting industrialization and preserving the rights and welfare of its citizens. As the villagers of Barwal continue to fight for their land, their story serves as a powerful testament to the enduring human spirit in the face of adversity.