The Jammu and Kashmir Government is discriminating between victims of the Kishtwar riots of August 9, 2013 in matters of relief, on grounds of being ‘State Subject’ and ‘Non-State Subject’. While the exact compensation to be disbursed to the victims is still undecided, the Government Order cited by Chief Secretary Iqbal Khandey to assure the Supreme Court that compensation would be paid was challenged by Prof Bhim Singh of the Panther’s Party, who brought these glaring anomalies before the startled court.
A Supreme Court bench headed by Chief Justice P Sathasivam, with Justices Ranjana Prakash Desai and Ranjan Gogoi, directed J&K Chief Secretary to clarify the issue after Bhim Singh pointed out that the rules of compensation cited by the State Government vide GO No. 723-GAD of 1990 dated 10.07.1990 divide citizens of India into ‘State Subject’ and ‘Non-State Subject’, with sharply lower rates of compensation for the latter.
The State Government claimed before the Apex Court that it had issued a notification dated August 18, for payment of special ex-gratia relief of Rs 5 lakh to the next-of-kin of the civilians who died in the incidents of violence. This order (not implemented so far) is based on Govt. Order No. 723-GR (GAD) of 1990 is highly discriminatory as it differentiates between the life of a policeman and Ex-serviceman/Special Police Officer as also a Magistrate. This makes a mockery of justice, as in the event of the death of a policeman, Rs 5 lakh is given to next-of-kin; but compensation is only Rs 2 lakh for a policeman working as SPO/Ex-serviceman or a Magistrate who dies in similar circumstances.
The worst discrimination pertains to the next-of-kin of personnel of paramilitary forces – Rs 5 lakh if the person is a permanent resident of J&K and Rs 2 lakh if he is an Indian citizen.
The State Government Order lists permanent residents of J&K as ‘State Subject’ – a category created by the last Maharaja Hari Singh to protect his subjects and prevent land alienation as rich Englishmen and Europeans wanted to buy up prime properties in the State, with long term deleterious effects for the citizenry. But after independence and accession, J&K became one of the provinces of the Union of India under Article 1 of the Indian Constitution, and its residents are no longer ‘State Subjects’.
Yet the State Government continues to divide Indian citizens as ‘State’ and ‘Non-State Subjects’, and vide GO No.179-GAD of 1994 dated 17.02.1994, a Government employee other than Police Personnel is sanctioned only Rs1 lakh if he is not a permanent resident of the state.
Similarly, the rules laid down by the State Government regarding the amount of relief to be granted for damage to immovable or moveable properties are discriminatory, illogical and superfluous. Thus, GO No 710-GAD of 1991 dated 30.07.1991 allows compensation/relief to 50 percent of the loss as assessed by the Executive Engineer (R&B) of the area concerned or Rs1 lakh (whichever is less).
The J&K Government, on being prodded by the Supreme Court on August 13 regarding the damage/loss of property in Kishtwar on August 9, vide GO No.1158-GAD of 2013 dated 16.08.2013, stated that Rs 5 crore have been placed with the Department of Revenue Relief and Rehabilitation for providing ex-gratia relief to victims of riots and other extraordinary law and order disturbances in respect of destruction/damage to immoveable property.
However, the quantum of relief to be paid for the loss of the property has not been specified. As many as 107 persons lost properties worth about Rs 80 crore, including houses, shops and vehicles, in Kishtwar. Some victims lost their entire property and source of income due to loss of their shops; and hence they need to be fully compensated. Meanwhile, interim relief should be disbursed so that they can begin to rebuild their lives and save their families from starvation.
On August 12, (GO No. 2254 of 2013) the State Government set up a Special Investigation Team (SIT) to investigate cases of arson/ violence/rioting in Kishtwar from August 9 to 12. But local people have lost faith in the lower rungs of the administration and the police and are demanding that the investigation be conducted by an outside agency, preferably the CBI.
The Kishtwar riots left three civilians dead (two died in Kishtwar on August 9 and one in Padar on August 10); several were injured. Properties were destroyed by miscreants in broad daylight, in the presence of the police and administration officials. Yet over a fortnight after the incident, not a single FIR has been filed on behalf of the aggrieved victims.
The State Government delayed calling the Army once trouble broke out. When the Army unit arrived, the District Administration refused to provide a Magistrate to accompany it, with the result that the Army was held up on the outskirts of Kishtwar town for two hours. Had the Army been facilitated in entering the town in a timely manner, a major part of the destruction of properties and perhaps the death of civilians might have been averted.
Moreover, on August 17, 92 police constables and head constables were indiscriminately transferred out of Kishtwar District without any enquiry, reason or explanation. The District Magistrate and Senior Superintendent of Police have also been transferred out. This could affect the judicial probe into the causes of the riots and non-responsiveness of the police and administration at a time when the then Minister of State for Home was camping in the town for three days prior to the outbreak of violence. He later resigned under pressure.
The Special Investigation Team set up by the State Government is headed by Superintendent of Police, Kishtwar. The Panthers Party points out that as the role of several high-ups and ministers has come into question during the riots, and a junior officer can hardly question sitting ministers and senior officers named by the public as abettors to the riots, the investigation should be handed over to the CBI or a senior police official of the rank of Additional DGP.
Niticentral.com, 27 August 2013
