Amarnath land transfer controversy

For the Amarnath cave temple see Amarnath temple

On 26 May, 2008, the Government of India and state government of Jammu and Kashmir reached an agreement to transfer 100 acres (0.40 km²) of forest land to the Shri Amarnathji Shrine Board (SASB) out of the total land area of 15,520.3 km² (5,992.4 sq mi) in the main Kashmir valley to set up temporary shelters and facilities for the Hindu pilgrims. This caused a controversy, with demonstrations from the Kashmir valley against the land transfer and protests from the Jammu region supporting it.

Srinagar protests

Six people were killed and 100 injured when police fired into a crowd in Srinagar protesting the transfer of forest land. Separatist JKLF (R) organized a march to the controversial land in Baltal. The death of a JKLF(R) activist in a fire opened by the Security Forces became the flash point for protests in the Kashmir valley region. Senior separatist leaders Shabir Ahmad Shah, Syed Ali Shah Geelani and Mirwaiz Omar Farooq, leaders of the All Parties Hurriyat Conference (APHC), which planned the protests, were placed under house arrest. Throughout the Srinigar area, most public buildings, including schools and government offices, and many businesses, have remained closed.

Environmental concerns

Initial opposition to the land transfer was based on environmental concerns. Some environmentalists argued that the land transfer would hamper the region's delicate ecological balance. However, hundreds of acres of forested land were destroyed for the construction of a road linking Poonch to Rajouri but environmentalist groups in the state didn't make objection to it and forested land transfer for the construction of telecommunication infrastructure was common in Kashmir valley.

Reports that the SASB was planning to construct dams across the river Indus to generate electricity for the shrine were unconfirmed.

Government response

The state government accepted the demands of the Muslim protesters from the Kashmir valley region by revoking the land transfer decision on July 1,2008 . Hindu groups in the Jammu region reacted by mounting their own counter-protests against the appeasement and called for the cancellation of the revocation decision.

Political turmoil

As the Kashmiri protests grew wider and more violent, the People's Democratic Party (PDP) said that it would withdraw support to the Indian National Congress (INC)-led state government if it did not revoke the land transfer agreement. Though the land transfer was revoked (after the PDP withdrew its support), the crisis deepened further when the PDP didn't lend support to the state government even after the revocation. Meanwhile, the Gulam Nabi Azad's minority government decided to step-down on July 7,2008.

The protests, however, took a more political tone as state elections are scheduled to be held later in 2008. With elections already due in the state, Omar Abdullah played down the incident and said that PDP's decision to withdraw was not a major constitutional crisis.

Jammu protests

In Jammu, mass protests erupted against the government's decision to revoke the land transfer. The people of the Jammu region generally supported the land transfer, and threatened to shut down the city on 26 June, 2008. 20 kilometers away, in Nagrota, BJP supporters blocked a highway

Hindu groups such as the Bajrang Dal and the Vishwa Hindu Parishad (VHP) protested in front of Kashmir House in Delhi in support of the land transfer . Low-key protests gathered steam after the suicide of an activist and a Jammu bandh call was given to resolve the dispute which had now entered its third week. Slowly, protests spread to other parts of Jammu. A curfew was imposed in many districts. Protesters enforced an economic blockade of the Kashmir Valley by stopping traffic on the Srinagar-Jammu National Highway. One person was killed and another injured on August 6 2008 when the Army fired to disperse a violent mob, which blocked the Jammu-Pathankot Highway in Kathua district.. Two protesters were killed and eight injured as police opened fire to quell a mob in Samba district on August 1 2008 Conversely there were also Muslims who, backed by the local Muslim federation and the Muslim Gujjar community, who supported the demands of the Hindus of Jammu. There were, however, reports of Hindu rioters in Jammu attacking and burning at least 72 Muslim homes during the weeks of violent protests.

Shri Amarnath Yatra Sangharsh Samiti convener Leela Karan Sharma said on August 6, 2008 that nothing short of revocation of the land transfer to Amarnath Shrine Board would be acceptable. He opined that the state government was responsible for flaring religious sentiments by allowing construction of the Muslim Jama Masjid at Baltal, yet not allowing a temporary structure for the benefit of Hindu yatris.

Government response

Despite the protests, the state government has not annulled the revocation decision. India moved hundreds of security forces into the region. Indian authorities restored the Amarnath pilgrimage route after a brief disruption. Opposition party BJP spokesperson Prakash Javadekar said on August 2, 2008 that “It seems the Centre only understands the voices of the valley and not of the Jammu region. It is trying to find a solution through force and is not initiating a dialogue”.. The prime minister Manmohan Singh spoke to BJP president Rajnath Singh and sought his party’s help in finding a solution to the issue.

Regional biases

The protests highlighted the eclipse of secularism in the state of Jammu and Kashmir It also highlighted widespread frustration among both Hindus and Muslims in Jammu with the appeasement of separatists in the Kashmir valley.. The separatist-muslim dominated north west (Kashmir valley), not ready to provide land for Amarnath yatris, succeeded in revoking the land transfer through violent protests. Jammu's Hindu and Muslim nationalists in the south west (Jammu) are equally opposed to the appeasement decision to revoke the land transfer. Thus, a regional divide emerged between Jammu and Kashmir., while eastern Ladakh remains aloof.

The Gujjar Muslim community strongly attacked the statement of separatist leaders that Muslims in Jammu do not want to live with Hindus of the region. They described it as "an attempt to drive a wedge between communities bonded with each other by language and culture for centuries".

Peace appeal

In a joint appeal for peace and normalcy, as many as 36 political parties —- the two main formations UPA and NDA and almost every regional party represented in Parliament —- underlined that “communalisation of the situation should be prevented at all cost as this would adversely impact on the secular fabric of the nation.”

Kashmir Fruit grower's protests

Kashmir Fruit Growers Association gave a 24-hour ultimatum to the government failing which they would start agitation for the opening of Muzaffarabad Road for export. “We will export our products to various Indian states via Muzaffarabad and Wagah border,” said president of the association..The Indian government alleges that the claims of an economic blockade were fabricated by the Hurriyat and the Inter-Services Intelligence to provoke locals into joining the pro-independence protests.. The Indian Home Minister Shivraj Patil, appealed to the fruit growers to call off their protests. He offered to buy all their fruit and also to pay compensation to those whose fruit has perished.During the home minister's visit to Srinagar, for unknown reasons, Patil did not meet with representatives of the fruit growers association. No announcements were made on the promised compensation.

Party wise stand

Congress Working Committee spokesperson, Veerappa moily, said "Providing makeshift and temporary accommodation for yatris and pilgrims all over the country is not a new phenomenon...the authorities spend a lot of money in providing temporary facilities during Kumbh Mela, Puri rath yatra festival". said that it was absurd to suggest all such temporary shelters could be made permanent. Moily said that the Hurriyat factions and other separatist groups had exploited the mood during the turmoil to revive their "diabolic agenda". He said that playing mischief, Hurriyat had spread rumours that the highways from the Valley to the plains had been blocked stopping movement of goods and essential commodities. Making use of this false propaganda, they organised the march to Muzaffarabad to seek market for the fruit, Moily said. Ignoring the Indian government's curfew orders, People’s Democratic Party and Kashmiri separatist leaders. backed the local fruit growers

Government position

Claiming that there is no blockade along the Srinagar-Jammu highway, the ministry said as many as 236 trucks and tankers carrying oil, gas, sheep, medicines and poultry products crossed the Jawahar Tunnel from the Jammu side early on Wednesday morning. Of these, 82 trucks and tankers had reached Srinagar by afternoon, it said. Referring to the stranded trucks in the Valley, an official said a fleet of them actually belonged to one individual close to the Hurriyat. The transporter refused to move his vehicles towards Jammu despite the promise of full security cover along the route. The Kashmiri media, however, reported shortages of food, drugs, and other essential supplies in the Kashmir Valley as a result of the alleged blockade.

March to the LOC

On 11 August 2008, 50,000 to 2,50,000 Kashmiri protesters) attempted to cross the LoC to Muzaffarabad, in violation of march ban orders. Despite intelligence warnings that the LoC march would gather tens of thousands of supporters, the State government and top police officials failed to act immediately and refused to impose a curfew. In the event, small groups of police personnel were left to hold back the marchers.

August 11 violence

Fifteen people were killed and hundreds more injured when police and paramilitary forces opened fire on protesters attempting to cross the LoC. All Parties Hurriyat Conference (APHC) leader Sheikh Abdul Aziz, a moderate separatist, was among those killed on August 11. Police say several of their personnel were injured by stones thrown by those at the protest.

August 12 violence

Following the death of the APHC separatist leader Sheikh Abdul Aziz and others during the police firing on August 11, the separatists in Kashmir region organized protests. Fifteen Kashmiri civilians were killed in the firing by Kashmir police and paramilitary forces. More than 100 people were also injured in a twelve separate incidents of police firing across the Kashmir valley region. Six protesters were killed in Srinagar police firing. In Lasjan, on the outskirts of Srinagar, four were killed after police forces opened fire on a protest lead by former government minister Javed Mustafa Mir. Police sources claim that the service weapon of one of Mir's personal security guards "accidentally" went off, injuring 7 Central Reserve Police Force troopers, and provoking the retaliatory firing that left four protesters dead. However, local villagers claimed that the CRPF forces opened fire on the protesters first, killing two, then opening once more when others went to help the injured, killing two women in the process. Three protesters, including a woman, were killed in firing at Paribal by the Indian Army. The army spokesperson for the 15 Corps said that the protesters were throwing stones at a military picket, and refused to disperse despite repeated appeals.Another protester was reportedly killed in Anantnag. In Kishawar, communal clashes broke out after Kashmiri Muslims began protesting the death of Sheikh Abdul Aziz. Muslim and Hindu owned homes and businesses were torched, and two protesters, including a 12 year old boy, were killed in the rioting. The burial of Sheikh Aziz, held in the Martyrs Graveyard in Srinagar, passed without incident.

August 14 Jammu death

A senior citizen swallowed poison at the site of a chain hunger strike called against the state government's cancellation of land transfer to SASB.

August 20 protests in Jammu and Kashmir

The peaceful demonstrations in this otherwise bustling Jammu city was in stark contrast to the high decibel protests in Srinagar . While in Jammu, women in jeans walked silently with candles in their hands demanding restoration of forestland to Shri Amarnath Shrine Board (SASB), in Srinagar, they joined their protesting men against perceived injustices. Shri Aamarnath Yatra Sangarsh Samiti which is spearheading the agitation in Jammu has called for civil disobedience On the third and final day of the "Jail Bharo Andolan" of Shri Amarnath Yatra Sangharsh Samiti (SAYSS), over 2,00,000 protesters, including thousands of children, courted arrest in the Jammu region on August 20, 2008 .In the violent protests and clashes between the protesters and security forces, which continued till late evening, one person was killed while over 60 people, including 6 police personnel, sustained injuries.

Meanwhile, National Security Adviser M.K. Narayanan reviewed the security and political situation in Jammu and Kashmir at a meeting with Governor N.N. Vohra. The government has also pushed Track-II activists into a dialogue process with the separatists even as a four-member panel is scheduled to talk with the Shri Amarnath Sangarsh Samiti on Thursday.

Recent developments

The 61-day old agitation in Jammu region on the Amarnath land row ended here in the wee hours of today following the signing of an agreement between the group leading the agitation and the Jammu and Kashmir Governor- appointed panel, under which the shrine board would be making temporary use of 40-hectares of land during the yatra period. The agreement was arrived after a six-hour-long fourth round of talks between the Shri Amarnath Sangarsh Samiti(SASS) and the four-member panel of the state government, under which the protesting group decided to suspend their agitation as the Government has agreed for temporary use of the land by the Shri Amarnath Shrine Board. "We have suspended the agitation for the time being and not called it off, as some of our demands are yet to be met," Samiti's convenor Leela Karan Sharma said after the meeting.

Reactions

Domestic

• Analysts have said that the environmental and political furor in the region is baseless as the government has not allotted land to SASB, nor has land been demarcated for this purpose.

• Government agencies also claimed that the land being considered for the transfer to SASB was barren and inhospitable and the political agenda of the groups opposing the land transfer was obvious.

• News agencies such as Times of India claimed that PDP's stance on the land transfer issue is a "political gimmick" as the current Forest Minister of Jammu and Kashmir, Qazi Afzal, and his predecessor are both from PDP and the proposal to transfer the land to SASB was examined by the state's forest department, law ministry and Supreme Court of India before being approved.

• Awami National Conference, alleged that political parties in Jammu and Kashmir were using the issue to divide the state on communal lines so as to gain political mileage.

• Jammu and Kashmir Chief Minister remarked that "things were blown out of proportion" and "the parties are playing politics over the Amarnath land row".

• Omar Abdullah, Jammu and Kashmir National Conference leader, accused the PDP of hypocrisy over the issue as PDP's minister was a part of the government that took the decision to transfer land to SASB. He also described the protests in the Kashmir region as "Kashmiri nationalism" and added that "[Kashmiri] people aren't against the Amarnath Yatra -- they are only protesting against the land transfer which is pure nationalism".

International

Pakistan On Wednesday August 6, 2008 the Pakistani Senate unanimously passed a resolution on the matter. The resolution expressed concerns over attacks on Muslims and their properties by Hindus.

• In response the Indian Foreign Ministry said, "We have seen reports in the Pakistani media that the Senate of Pakistan has passed a resolution about the situation in J & K. Such a resolution amounts to gross interference in our internal affairs. The Senate should attend to issues where it has a locus standi."

OIC On Thursday, August 14, the anniversary of Pakistan's independence, the OIC Secretary-General Ekmeleddin Ihsanoglu strongly condemned "the ongoing excessive and unwarranted use of force against the Kashmiri people." He urged the Indian government to end the violence so as to sustain the Indo-Pakistani peace process. He also called for steps on the part of international humanitarian and human rights organisations to address the situation in a manner that would prevent human rights violations in Indian Kashmir.

• Indian Ministry of Foreign Affairs spokesperson Navtej Sarna response: "We note with regret the statement made by the OIC Secretary-General on the situation in the Indian state of Jammu and Kashmir. The OIC has once again chosen to comment upon Jammu and Kashmir and India's internal affairs on which it has no locus standi. We reject such comments." In a strong reaction, he added, "To call for international involvement in the sovereign internal affairs of India is gratuitous, illegal and only reflects reversion to a mindset that has led to no good consequences for Pakistan in the past."

United Nations on Saturday, August 27 The Office of the High Commissioner for Human Rights called upon the Indian authorities "respect the right to freedom of assembly and expression, and comply with international human rights principles in controlling the demonstrators. The use of force should be proportionate to the threat posed and firearms must only be used in dispersing a violent assembly to protect individuals against an imminent threat of death or serious injury. The Acting High Commissioner calls for thorough and independent investigations into all killings that have occurred so far."

External Links

• Amarnath Temple
• Shri Amarnathji Shrine Board :: The Holy Shrine