Land grapping on the rise

IIOJ&K facing unprecedented censorship and colonialism under BJP: LFK’s fact sheet

ISLAMABAD: Indian Illegally Occupied Jammu and Kashmir (IIOJ&K) is under unprecedented censorship and facing Israeli style settler colonialism since India unilaterally and illegally revoked its Special Status under Article 370 and 35-A, said a recent fact sheet report issued by Legal Forum for Kashmir (LFK).

It stated that the massive administrative and legislative changes in IIOJ&K has removed the restriction that prevented a non-Kashmir to buy any property for residential or commercial use. The annulment of erstwhile state laws also allows the Indian armed forces to take over land wherever they desire and gives sweeping powers to the government to take over any land and property for ‘industrial’ use.

UN-recognised disputed region is witnessing a new level of state persecution under the pretext of an anti-encroachment drive of alleged ‘state land’ aiming to disempower Kashmiris and uproot them from their homes.

The demolition drive has picked its pace in 20 Districts of IIOJ&K where revenue officials, counter-insurgent cops and bulldozers remain active affecting the livelihood of Kashmiris.

The Legal Forum for Kashmir (LFK) has prepared a fact sheet report titled “The Great Land Grab: Disempowering People in Indian Illegally Occupied Jammu & Kashmir”.

The fact sheet has exposed the occupying state’s Israeli model of systematic settler colonial process in IIOJ&K by allowing an alleged ‘Anti- encroachment drive’ against the civilian population of Jammu and Kashmir with the aim to dislodge them from these agricultural and non-agriculture properties, which would lead to their economic disempowerment, said a press release issued last week.

The fact sheet has prepared the list of the Tehsil/Village wise area of land under the proper description and identified that land measuring 178,005.213 acres in Kashmir region and 25,159.56 acres in Jammu forcibly taken by occupying authorities without serving any notices to occupants. Most of these landholdings sustain the livelihood of the people. These landholdings have been molded into units of economic activity and sustenance over decades.

The report adds that the Revenue departments’ 11,737 pages list of the alleged ‘State land’ issued in 20 districts of IIOJ&K is basically owned by the Kashmiris under the Big Landed estate Abolition Act (Agrarian Reforms Act) , JK State land vesting of ownership Act 2001, JK Evacuees (Administration) of Property Act, Jammu and Kashmir Tenancy Act 1980, Jammu and Kashmir Common Lands (Regulation) Act, 1956 and other numerous orders passed by the erstwhile state government in favor of Landless peasants.

The occupying authorities are retrieving the alleged encroached land to facilitate the creation of private land banks under the Central government’s New Central Sector Scheme for Industrial Development of the Union Territory of Jammu & Kashmir, which was notified under the J&K Industrial Policy, Jammu & Kashmir Private Industrial Estate Development Policy (2021-2030), and J&K Industrial Land Allotment Policy. The anti-encroachment drive is a process of demographic engineering to establish outside business and give them the voting and other aligned rights.

The Occupying authority is violating the Human right and Humanitarian principle and also the 13 United Nation Security council resolutions on Jammu & Kashmir.

The fact sheet also recommends that Secretary General United Nation under Article 99 of UN Charter should use all diplomatic, humanitarian and other peaceful means to assist IIOJ&K in meeting its responsibility to protect its people from forced eviction, genocide, crimes against humanity and war crimes. It should take collective action in accordance with the United Nations Charter, as necessary.

The Security Council should ensure accountability for crimes under international law committed in IIOJ&K, preferably by referring the situation to the International Criminal Court or alternatively by creating an ad hoc international criminal tribunal. Further, the Security Council should adopt targeted individual sanctions, including travel bans and asset freezes against those who appear most responsible for serious crimes under international law.

Until the Security Council acts, the General Assembly, or alternatively the Human Rights Council should create an independent, impartial mechanism to collect, consolidate, preserve and analyze evidence of violations of international humanitarian law and human rights violations and abuses and to prepare files to facilitate and expedite fair and independent criminal proceedings in international courts or tribunals. APP