Pussyfooting on panchayats

It does not suit Pakistan-based terrorists to have institutions in Jammu and Kashmir, particularly in the valley, work smoothly. Reason? Kashmir would then look less disputed and more integrated into the Indian mainland. For cross border operators, that is bad news.

For both Indian and global watchers, the 2011 Panchayat elections in the state marks a watershed in a region plagued by strife and violence. After a gap of 30 years, 4,128 panchayats, with 29,719 panchs and 4,130 sarpanchs in Jammu and Kashmir were elected when 79 per cent registered voters (or roughly 5.07 million inhabitants) polled for them in a much-hyped elections. And this in the face of consistent threats issued by militants exhorting them not to reach the polling booths. By any yardstick, it reflected Kashmir’s increasing amalgamation into the Indian mainstream.

So it was only a question of time before extremists hit back. Terror has resurfaced  after the chief of the United Jehad Council (UJC), an amalgam of terror outfits based in Pakistan, Syed Sallah-ud-Din, send out an unequivocal threat to panchayat’s elected representatives.

“Panchs and sarpanchs are exploited by India to project Kashmir as pro-India, and as such, they will continue to be targeted. No matter how much the government tries to secure them, they will be attacked. This is why we call on them to resign from their posts and not allow themselves to be used to undermine the liberation movement in Kashmir,” Sallah-ud-Din told a Delhi based newspaper in an interview on November 2.

The threat has led to panic, evident in the fact that more than 60 panchayats announced their resignations through local Urdu newspapers within two days of the announcement.

Not that the terror threat is brand new. Even a few months after the elections, hundreds of village heads were forced to announce their disassociation with the panchayats through newspapers and declarations at village mosques when militants started threatening and targeting them. Since the elections, five panchs and sarpanchs have been killed and several others wounded in daring attacks by militants.

The fear has been compounded by the fact that Chief Minister Omar Abdullah has ruled out providing security to the terrified public representatives.  "We never said we will provide security to each and every panch and sarpanch-- we had said that whenever there is a threat assessment and we feel that there is need to do more -- we will do that", Omar told media person in winter capital Jammu this Monday.

The blunt statement by the head of the state government has come as a terrible let down to the besieged panchayat members. “We are even more scared after seeing our Chief Minister speak so irresponsibly,” Shafiq Mir, chairman of All Jammu and Kashmir Panchayat Conference (AJKPC) told TSI. He added: "If the Chief Minister is not capable of providing safety and security, then he has no right to continue in office.’’

Unfortunately for the strife-torn state, insecurity is not the only thing weighing heavily on their minds. Their lack of empowerment has added to their woes. Nearly two years after their elections, the panchayats are yet to be given powers.

On this issue alone, there is a widening rift within the ruling coalition of the National Conference and the Congress.

Congress is vigorously demanding the implementation of 73rd amendment of the Indian Constitution in the state which contains provisions for devolution of powers and responsibilities to the panchayats preparing economic development plans and for furthering the cause of social justice. But the National Conference has categorically turned down the demand saying that the implementation of this crucial central law will erode the state’s autonomy – a matter close to the heart of the state and its citizens.

“The state government either has to implement the 73rd amendment of Panchayati Raj Act or it needs to incorporate the provisions of this act into state law so that the empowerment of the panchayats is complete,” Saif-ud-Din Soz, state Congress president told TSI.

Added Soz, "We (Congress party) are working on it and we are in touch with experts at Delhi and in Srinagar because this is something which needs to be done for grassroot level development.”

Taking a diametrically opposite view, the National Conference claims that enough powers have been given to panchayats. "We have already transferred sufficient powers to the panchayats through the Panchayati Raj Act of 1989 and several Cabinet orders. There are as many as 14 different government departments under the purview of the Panchayati Raj institutions,” senior National Conference leader and the state’s Rural Development Minister, Ali Muhammad Sagar, told this magazine.

However, Sagar admits that the bureaucracy has created hurdles in implementing government orders on empowering panchayats. "The government has decided to take a strong action against officers who are creating problems,’’ he asserts.

Ironically, Congress scion Rahul Gandhi’s visit to the valley last month indirectly helped the National Conference to stall Congress pressure for implementing the 73rd amendment as Rahul chose not to speak on the subject.  And he said as much. At a gathering of about 3,000 panchayat members in Srinagar, the Congress general secretary said: "I am nobody to announce implementation of 73rd amendment of Indian Constitution here. It is the state’s prerogative."

Rahul’s stand has disappointed not just the state Congress who were expecting him to pressurise Omar Abdullah, but also panchayat members.

“Rahulji disappointed us. We were expecting him to support the people of Kashmir by backing the demand for implementing the 73rd amendment. But he only talked about his family's  ties with the Abdullahs – Sheikh (Abdullah)- (Pandit) Nehru, Rajiv Gandhi – Farooq (Abdullah) and Rahul – Omar relationship. We are disappointed,’’ said Shafiq Mir.

Politically, it is pertinent to mention here that panchayat elections were held on a non-party basis in the state and there is a common perception that most of the elected members are supporters of Congress or the opposition Peoples' Democratic Party (PDP), which is why it does not suit the National Conference to empower them.

The issue has created a huge rift within the ruling front and the slip is showing. The Block Development Council (BDC) polls, the second tier of the three-tier Panchayati Raj system, have been deferred. The chief minister had earlier announced that BDC polls will be held in the first week of November, followed by a formal notification on October 4.

The formation of District Development Councils, the third tier of the Panchayati Raj, was supposed to have been done soon after BDC polls. But after this build-up, Omar Abdullah was forced to announce the cancellation of the BDC elections on October 15 as the Congress warned its ally against holding elections without incorporating the 73rd Amendment.

Clearly, the dire threats issued by terrorists and the lack of empowerment of panchayat members are twin causes leading the incipient and ambitious panchayat raj system towards failure. The only credible chance of its taking off now remains if Delhi takes a direct hand in settling matters. As of now, there is no indication that an embattled UPA in the national capital has the energy or the inclination to do it. 

haroon.reshi@thesundayindian.com