Monday, April 21, 2014

Return Tosa Maidan to J&K

The Indian Army’s Tosa Maidan lease expired on the 18th of this month after 50 years. But the army continues to hold on to the 3000 kanals of land in flagrant violation of legal, moral and democratic norms. This is unacceptable.

The J&K government should show the courage to ask the Indian army to return Tosa Maidan to the people of the state, Defence Minister A. K Antony should show the sensitivity, at least in his last days as the country’s defence minister, to tell the men under his command to hold their fire, and the Indian Army should show the sense to get out of Tosa Maidan. But then, I don’t think it’s the army’s call whether or not to insist on retaining Tosa Maidan: it’s the civilians, in Srinagar and New Delhi who should show some respect for the sentiments of the people of J&K and rule of law. 

Shocking facts 
The Indian army was leased 3000 kanals of land in the Budgam district in 1964 by the state government which has now expired. Over the last five decades around 63 people from the nearby villages have lost their lives and around 43 have become disabled thanks to the irresponsible handling of the ammunition by the army. This is notwithstanding the amount of nuisance that this has been creating for the people of the locality for many decades now. The Indian army or the government has not paid a penny till date as compensation for the lives lost or for medical expenses to those injured. 

But the army continues to hold the land arguing that it needs the land for artillery training and drills. Only the uninitiated amongst us would think that there is some rationale in this argument of the Army because their demand does not really stem from a shortage of firing ranges in J&K but from their unwillingness to give up what they hold: it is no less than the arrogance of brute power and an example of settler mentality. The army’s claim that they can’t do anything about the deaths due to unexploded also ammunition makes no sense. The army spokesperson Colonel Naresh Vij argued the other day “We have disposal units that are tasked with clearing the area, but then some shells and bombs fall outside the firing range or are lost. This is what creates the problem. People step on them and are harmed.” Such an explanation is not good enough. If the army conducts firing practice near civilian areas, they better have the mechanism to clean up the place.

Lets look at the army’s argument that it needs to have an alternative firing range if it is asked to vacate Tosa Maidan. Even this demand makes no sense. Don’t they have 11 more places in the state of J&K where they can conduct their exercises? Indeed, as some analysts have pointed, out of the 66 firing ranges in the entire country, 12 are in the state J&K!

Systemic problem 
The issue is not just about Tosa Maidan. Tosa Maidan is only one small bit of the large tracts of land that the Indian armed forces have kept under their control in the state of J&K including in some of the best locations in downtown Srinagar. What is even more shocking is the amount of land that has been illegally occupied by the Indian army in J&K. According to the official records of J&K government, Army and paramilitary forces are currently in the illegal occupation of no less than 66,690 kanals of land in J&K. It is one thing for the army to demand that the Tosa Maidan lease be renewed but it is an entirely different thing to be in the illegal possession of 66,690 kanals of land (belonging to the government and private individuals).  

If the Indian armed forces are in the illegal custody of so much, and buildings, in J&K, how can anyone blame the people of J&K when they say that they live under the occupation of the Indian army? But even more importantly, how can the democratically elected government in New Delhi allow its armed forces to run riot and violate the rule of law? Don’t’ the laws of the land apply to the Indian armed forces? 

When I used to teach at the University of Jammu many years ago, there was an army camp on the University land which mostly housed living quarters of the Indian army personnel.  The university of Jammu had made a number of requests to the Indian army to return the land but the defence ministry refused to let that happen. If this is how the army and the defence ministry treat requests from other official institutions, one can imagine how they would treat the popular demands from the locals living around the Tosa Maidan area. 

Even if the army has deep-seated real-estate interests in holding on to the land it was once given on a temporary basis, why don’t the civilian authorities take it upon themselves to ensure that the law of the land is respected and the demands and requests from the state governments are heeded to? Has the ministry of defence in New Delhi become a law unto itself? 

New Delhi’s settler mentality in Kashmir should end. Only then can there be any meaningful reconciliation and peace-building possible between the people of Kashmir and the government of India.

(Source: Greater Kashmir, April 20, 2014. URL: http://www.greaterkashmir.com/news/2014/Apr/20/return-tosa-maidan-to-j-k-8.asp)

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