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MONDAY, JULY 17, 2017 DAILY EXCELSIOR, daily Excelsior Established 1965 Implications of SHRC order Founder Editor S.D. Rohmetra Gautam Sen polling personnel and some vot- Chairman of JKSHRC and the way, on the spur of the moment and the Army is duly empow- allowed himself to be used as an ers inside and security forces in august institution he heads, when the situation was fast dete- ered under the Armed Forces instrument and an accomplice ammu & State the immediate periphery. A col- reckoned the fallout of the rul- riorating and about to spin out of Special Powers Act which oper- towards causing public unrest. Funds not utilized Human Rights Comm- umn of RR had responded to the ing, on the political and the control and involve further may- ates with the consent of State There is therefore enough raison Jission (JKSHRC) has in a local police`s call for help, human rights scenario of the hem. Loss of lives and individ- Government only, for a range of d`etre for the State Government ruling on 10th July this year, under the leadership of Major state in its totality. ual and public property was action in its security duties to move the Jammu & Kashmir everal departments have failed to utilize funds awarded a compensation of Rs. Leetul Gogoi, had observed Dar, The answer to the first point avoided owing to Dar being which are beyond the pale of High Court for initially obtain- sanctioned to them for the financial year 2016-17 ten lakh to Farooq Ahmed Dar a local Kashmiri, inciting the may be viewed in the affirma- made a shield against the further judicial review. ing an injunction in execution of and directed the Jammu & Sunder Prime Minister’s Development Package. local mob to pelt stones and tive. Jurisdictionally, the assaults by the mob on the secu- The State Government will the JKSHRC order and subse- Kashmir Government to comply We know our State does not have a strong econo- burn down the booth with peo- JKSHRC has acted within its rity forces. Justice Nazki and the be justified if it takes a stand quently its modification of the within six weeks. The compen- my and most of the developmental schemes are ple inside. terms of reference and legal JKSHRC had instead, taken a contesting the JKSHRC ruling JKSHRC order of 10th July, sation is in response to petition The image of the Dar being authority. This view is substanti- high moral ground referring to reckoning that, Dar was not tor- 2017. Those who goaded Dar to dependent on the financial support received from the filed by Mohammed Ahsan moved around seated and tied to ated when justaposed with its the eminent Indian Supreme tured in the strict sense, nor hurt incite the local marauders, the Union Government. Despite this, when funds are made Antoo, Chairman, International the bonnet of the RR jeep had decision not to impose any Court Judge, V. R. Krishna Iyer while being moved around tied circumstances of his action and available, the State Departments are unable to utilize Forum for Justice & Protection gone viral in social and electron- penalty on Major Gogoi as by citing one of his judicial pro- and seated on the jeep`s bonnet. the proportionality of Major of Human Rights against the 9th them optimally. What are the reasons for this contra- ic media. The incident had demanded by the petitioner. This The resultant acute stress disor- Gogoi`s action could then be April, 2017 incident when, nouncements wherein, the latter dicting phenomenon? What is more surprising is that drawn criticism from various is borne out by the JKSHRC der of Dar which is mentioned delved into within a realistic Farooq Ahmed Dar, a resident of had opined that ``zoological cul- quarters, human rights groups, order which mentions on the in the Medical College political framework. the departments that have failed to utilize the funds in Chill Khansahib in Beerwah ture cannot be compatible with limited applicability of the & Hospital, report and cited in In the circumstances prevail- full are also the departments that are earmarked for police station`s jurisdiction in civic society in the Valley. A for- reverence for life, even of a ter- Jammu & Kashmir Protection of the JKSHRC order, was trig- ing in Jammu & Kashmir today, lowest performance. Two of these are the R&B and Budgam district, was tied to an mer Northern Army rible criminal``. Commander, retired Lt. General, Human Rights Act-1997, which The Union Information & gered by his actions only. There it may not be inappropriate to School Education Department. Both of these depart- Army jeep`s bonnet and driven was no direct threat to life and recall the famous British mis- around by a unit of Army-affili- H.S.Panag has tersely observed governs the functioning of the Broadcasting Minister has how- ments are directly connected to public service meaning that the image of the incident JKSHRC to areas not covered ever, gone on record strongly limb of either Dar or the protes- sionary, Tindale Biscoe, who that these are involved in providing service to the pub- ated Rashtriya Rifles (RR) to act tors, from Major Gogoi and his came to Kashmir at end of the as a deterrent for stone pelters will haunt the Army for a long under Lists I and III of `s criticising the JKSHRC ruling. lic directly. time to come. The incumbent Constitution and its consequent He has his reasons for taking RR unit. nineteenth century. Biscoe had violently protesting against observed in his epic work About roads, in Jammu province, the R&B Army Chief have however, handicap in examining the con- such a stand when, the Central The JKSHRC had ratio- holding of the bi-elections to nalised its order for compensa- `Kashmir in Sunshine and Department was released Rs 20000 lakh but it utilized Srinagar Lok Sabha constituen- commended Major Gogoi for duct of the Army. security forces and the Army are However, the JKSHRC at the receiving end of unmiti- tion to Dar by mentioning the Shade` that, ``Kashmir has been Rs 16358 lakh thereby leaving Rs 3641.71 lakh as cy on 9th April, 2017. his so-called innovative way of conquered and reconquered by seems to have totally de-linked gated violence being perpetrated `public humiliation, physical The context of the RR unit`s combating the unrest and saving invaders, who have murdered, unspent. However, in Kashmir province the R&B its decision to the causes and by the separatists` backed street and psychological torture, action was widespread opposi- lives, notwithstanding that a oppressed and enslaved their Department utilized Rs 19545.82 lakh against release protestors and the militant-infil- stress, wrongful restraint and tion and civic unrest against the court of inquiry was constituted circumstances leading to the ancestors, and so ground the life of Rs 20000 lakh thereby leaving only Rs 454.18 lakh by the Army with tacit consent incident. These have not been trated mobs in the Valley. confinement` suffered by him. bi-election in Srinagar in the The JKSHRC has overlooked and heart out of them that their as unspent Anybody who happens to move across of higher defence authorities accorded due weightage or Nonetheless, it may be appro- backdrop of continuing distur- the nexus between the genesis of better selves have been apropos the sensitivity of the deemed mitigating factors priate for the Central authorities some of the crowded areas of Jammu city will find that bances post-killing of Burhan the circumstances leading to the crushed.`` A new incarnation of matter. against the RR officer`s action. to let the State Government deal the roads are in very bad condition and not really Wani-a Hizbul Mujahiddin mili- unique restraint imposed on Dar invaders from within and with- The point at issue is whether, Major Gogoi had candidly nar- with the implications of the motorable. The condition of roads in various parts of tant last year. There was riotous and consequent reduction in vio- out seems to be trying to crush the JKSHRC has acted true to its rated in the public domain the JKSHRC order. This will be the Kashmir`s spirit from within. Jammu region particularly in district headquarters and situation created by marauding lence in the affected zone and legal ambit and spirit of its circumstances of his action, as politically and legally prudent (The author is a retired IDAS officer mobs who had surrounded a obviating deaths or maiming of rural areas is worse. The quality of material used for statutory jurisdiction. Another an outcome of his individual considering that the State con- who has served in senior positions in polling station and was about to individuals on the scene. Prima black topping is of low quality and can hardly bear one pertinent factor is whether, spot decision and not driven tinues to have constitutional Government of India) burn down the booth when facie, it appears that Dar monsoon season. Leave aside the rural and district polling was in progress with Justice (retired) Bilal Nazki, institutionally in a premeditated responsibility for law and order [email protected] areas even in the city of Jammu and within the munic- ipal areas of the town, the condition of most of the Dr Bharat Jhunjhunwala roadblocks. Thus the cost of the roads is deplorable. Though in the region of Kashmir land for the Indian businessman emand is being raised China and the rot within India becomes Rs 15 lakhs. The not a big amount remains unutilized on roads yet what- that Indians should boy- Chinese bureaucracy takes cott Chinese products. ever remains unutilized shows that there is slackness D tion in the PWD leads to poor small businessmen difficult. countries. We are using the the electricity lineman. His cost bribes for putting mobil oil in Indeed, it is a matter of deep at some level. repair of road in his village. The These have to spend more receipts from these sources to of production is less than India. the economy while the Indian concern that our imports from The reality about the School Education Department road is dilapidated and the truck money and time in complying import cheap electronics goods He sells large quantities of his bureaucracy takes bribes by China are nearly ten times our owner charges more for lifting with the new regulations. Our from China and living a com- produce in the market. He uses applying brakes to the economy. is disheartening. In the floods of 2014, wide scale dam- exports to that country. More goods from his village. He picks farmers and businessmen are fortable life just as the farmer the money received from this China's income from age was inflicted on school infrastructure. The funds alarming is the fact that our up labour in his trolley from the not able to stand up to global was using receipts from sale of sale to buy land in the city. His exports is more and expenditure allocated to the department should have been utilized exports of goods have been town but loses valuable working competition. Farmers and busi- land and from remittances from income is more and expenditure for imports is less. They use the shrinking continuously in the 18 for reconstructing the infrastructure. But the School time in reaching them to the nessmen in other countries pro- his sons and daughters working is less. earnings for buying up proper- months to May 2016. Our Education Department has miserably failed in its per- field because of these bad roads. duce cheaper goods because in the cities to live a comfort- Another major difference in ties in the United States. exports to Latin America, His cost of production is more infrastructure is good, and regu- able life. the Indian and Chinese models Chinese companies have pur- formance in regard to reconstruction of damaged infra- Commonwealth of Independent while price in the market is less. is of the nature of our bureau- chased large plots of land in structure. Further, there are a number of damages in States (formerly Russia), and He is not able to make a profit cracy. Both are corrupt but in Africa. The Chinese structures which could be repaired within a small sum Africa have contracted by about We are similar to the farmer from crop cultivation. However, different ways. One Indian Government has purchased one third in 2015. The problem, of rupees 1 -2 lakh but even that has not been done. he has two other sources of importer of Chinese electrical large amounts of bonds issued therefore, is not that our exports who earns less from the sale of Obviously, it reflects the incompetence of the authori- income. He has sold part of land goods told me that the Chinese by the United States' to China are less. The problem to a businessperson wanting to ties at the helm of affairs as also of the senior bureau- Government has provided a par- Government and successfully is that our exports are shrinking establish a factory. He has wheat but spends more in the crats who are at the top of administrative pyramid. But ticular incentive to exports. The put a noose around their neck. across the world. The cost of money from this sale. His son is Government refunds 5 to 7 per- Our trade deficit with China most of all, the onus should go first to the doorsteps of production is high in India and working in the city and sending purchase of a bike and a flat cent of the taxes paid if a single is mainly because of high cost the MLAs/MLCs as well as the Ministers. If the MLAs we are being priced out of the money home every month. He of production which, in turn, is are sincerely dedicated to the development of their world markets. On the other uses the money received from screen TV. The farmer earns less invoice is raised for exports of a full container of goods. There due to the roadblocks made by respective constituencies, it is their duty to be on spot hand, we continue to import these sources to buy the bike the bureaucracy to extract goods in large quantities. Result and the flat screen TV. He lives because infrastructure is poor. are no hassles. The exporter has at the place of operation. It seems the elected repre- to file the invoice with the bribes. We must tackle this rot is that we are running a huge a comfortable life despite agri- within rather than blame the sentatives are least concerned about their responsibil- trade deficit. culture being a loss proposition The corruption in the Irrigation authorities and the refund is ities and duties. Why don't they raise their voice and received almost instantaneously. Chinese for our woes. We are similar to the farmer for him. I support the call to boycott There is corruption in that coun- invite the attention of the concerned in the Government who earns less from the sale of That is the state of our econ- Department leads to poor Chinese goods. But this will be try but the corruption is to the slackness of Government functionaries. Why wheat but spends more in the omy. We are earning less from counterproductive if we do not anchored in encouraging busi- don't they raise questions in the Legislature and why purchase of a bike and a flat the exports but spending more upkeep of the canal in his village. handle our bureaucracy first. We screen TV. The farmer earns less nesses and exports. Say, a busi- don't they establish liaison with the heads of the on the imports of Chinese elec- must take measures to lower the because infrastructure is poor. tronics, Washington apples and lations are less cumbersome. The Chinese model is alto- nessman wants land to set up a departments/Secretaries and demand answers to cost of production for our farm- The corruption in the Irrigation Swiss chocolates. The infra- Therefore, price in the world gether different. Their farmer factory. Chinese officials will ers and businessmen. We must questions like why roads are in a dilapidated condition Department leads to poor structure in the country is dilap- market is less and we are unable earns more from the sale of take bribes and make available place the dream of buying the and why infrastructures damaged way back in 2014 upkeep of the canal in his vil- idated. Businesspersons have to to earn monies from exports. wheat and spends less in the the land worth Rs 10 lakh in Rs world before our countrymen. It have not been repaired. If the MLAs find that the rea- lage. That leads to a lot of seep- pay bribes to the inspectors However, we are getting money purchase of a flat screen TV. 5 lakhs. The cost of production will be good to boycott Chinese son for delay or suspension of work are genuine, they age and he does not get ade- from the labour, industries, elec- from Foreign Direct Investors The canal in his village is main- of the Chinese businessman is goods after we have repaired quate water. He has to use diesel tricity, GST, and weights and who are buying land and setting tained well and he has cheap consequently less. Our bureau- our internal governance. should take up the matter with higher authorities and engine to draw water for irriga- measures departments. The up factories here. We have water available at all times. The cracy, on the other hand, will (The author was formerly Professor of get things done. In our opinion, there should be some tion leading to an increase in his push to digital India and GST remittances coming from road to the village is good. He create roadblocks. They will Economics at IIM Bengaluru) cost of production. The corrup- constitutional provision of holding respective elected has made lives of millions of Indians working in the Gulf does not have to pay bribes to take bribes to remove these [email protected] representative also responsible for slackness, delay or other faults happening in proper utilization of funds. We Suhasini Gupta activity, the Valley is heavily dependent feel that the Government shall have to evolve a modi- on pilgrims and tourists for revenues ammu and Kashmir which is Tourism Vs Terrorism in J&K and employment. This sector has been fied system in which the people’s elected representa- called "Switzerland of East" con- a saviour for even unskilled workers as tives are given powers and privileges to monitor, sists of three regions Jammu, tion. The state is also blessed with var- ing place since 1998 in this state badly defined as crossing of another red line J it provides direct employment to advise and report on the on-going projects in urban Kashmir and Ladakh. Jammu and ious shrines like Shri Mata Vaishno affected the various macroeconomic by militants. In this attack, 7 persons guides, ponywallas, jobs in Kashmir "the Paradise on earth" is well Devi Shrine, Shri Amarnathji Shrine, indicators like standard of living, GDP, were killed and 19 persons were and rural areas. Their opinion and experience should hotels/houseboats, besides those work- known for its scenic beauty. Tourism Sukrala Devi Shrine. It has been esti- income level etc. Strikes, curfews, injured. Terrorists are not killing pil- be given priority in the meetings of District mated that handicrafts (Wood carving, stone pelting prevent the tourists from grims but are killing Kashmir's fragile ing in allied sectors like handicrafts, Development Boards held annually. industry is one of the major industries of J&K for which contributes to its Pashmina shawl) in J&K generate a visiting this state. There was an ongo- economy. The various parts of Jammu handlooms and transport. But an Gross Domestic Product (GDP). revenue of more than Rs.1000 cr with ing conflict in J and K after the killing and Kashmir observed bandh in order increasingly hostile situation in the Protected Monuments Tourism is an essential source of rev- about 4-5 lakh artisans being employed of a militant to protest against the terror attack. Valley has worsened the economic sce- enue generation and thus, a major fac- in this sector (J&K Economic survey). . Lot of violent activities Moreover, mobile internet service nario. According to the Jammu and ncient nations all over the globe have main- tor for economic development. J&K is a suitable destination for sever- have taken place after this incident and remained suspended after killing of Kashmir's Economic Survey, total tained their valuable and historical monuments. Tourism is a single industry and it al other types of tourism which are yet it shook the State with an unnecessary Amarnath Yatris in this deadly attack. number of tourists in Kashmir valley Perhaps Great Britain, Russia and some includes hotels, restaurants, travel to be exploited like Adventure tourism, anger. Educational institutions were According to the Jammu and was 15.15 lakhs in 2013, which A Medical tourism, Eco-tourism, Polo closed in some parts of Kashmir region Kashmir's Economic Survey 2016, the declined to 6.2 lakhs in 2016, including European countries are ahead of the rest of the world agencies etc. However, Tourism Product can be defined as all those tourism and Leisure tourism. and students suffered unnecessarily in industrial activity came to halt due to 2.2 lakhs Amarnath Yatra pilgrims. in maintaining their heritage icons. It gives pride and products with which a tourist comes in Handicrafts of J&K like pashmina these regions. Services of IT sector the ongoing turmoil last year. The Thus, due to terrorism and conflicts, honour to the people to have these monuments pre- contact during his visit. Basically, it is shawl and paper mache is famous in the were withheld in few parts of Kashmir industrial units in industrial estate J&K lags far behind in terms of eco- served and protected over generations and come a composite product. It includes attrac- whole world. J and K is also well Valley and in Poonch, Rajouri District Lachipora, Khonmoh, Rangret, nomic development as compared to down to them as part of their history. tion, accessibility and attraction. known for its Cricket bat industry. of Jammu region. Therefore, these con- Anantnag, Baramulla, Bijbehara, other states. Moreover, the Tourism acts as a catalyst in the devel- flicts over the terrorist killing, hamper Kashmir has a long history and a close study shows Tertiary sector plays a crucial role in Kupwara etc came to a halt which Government should do its level best to opment of backward and far flung the economic growth and hence, eco- that it has gone through phases of prosperity as well as economic development of an economy. resulted in the idle payment of wages to provide more security to pilgrims. The famous tourist destinations in regions of a particular area. Developing nomic development of the State. the skilled labour for more than 4 adversity. In A.D. 1586, Mughal Emperor Akbar's army the tourism industry can significantly The Amarnath Yatra started from However, more and more areas should Jammu and Kashmir are Patnitop, months and loss of production in be explored as tourist spots which will commanded by Raja Man Singh conquered Kashmir Sanasar, Nathatop, Pahlgam, Gulmarg, impact the overall growth rate of the 29th of June this year. The first attack Kashmir valley. That brought an esti- help the Government in earning rev- and annexed it to the Mughal Empire. Mughal Sonamarg, Shanti Stupa, Baramulla state. This tourism industry is responsi- on this pilgrimage took place in 1993 mated loss of Rs 13,291 crore during enue which will ultimately help in Governors were appointed to function as the head of and many more. Besides these, Dal ble for generating direct as well as indi- when Pakistan-based Harkat-ul-Ansar the last year comprising Rs 6,548.00- rect employment. announced a ban on the annual yatra. development of J&K. Government and were responsible to the Royal Court Lake, Wular lake, Manasbal Lake, crore from private sector and Rs Sheshnag , Achabal spring, Anantnag Terrorism and conflicts create The attack on Amarnath pilgrims on (The author is Student of M.Sc. Economics in in Delhi. The first Mughal Emperor to visit Kashmir was 6,713.00 crore from the government spring are the various water bodies that obstacles in the path of development of Monday (11th July, 2017) who were sector on account of hartals/curfews Shri Mata Vaishno Devi University, Katra) Jahangir. He was gifted with a sense of love for nature are the major sources of tourist attrac- J&K. The terrorist attacks that are tak- returning from Amarnath shrine can be (130 days). Without much industrial [email protected] and it is he and then his son Shahjahan who ordered laying of world famous Mughal Gardens of Kashmir namely Shalimar, Nishat, Chashma Shahi and Relation of humanity Acchhabal. The first three gardens are located on the Sir, foothill of Zabarwan around the Dal Lake and the fourth This has reference to the news item'Pranab cared for me like a father would:Modi'(DE, July3, 2017).It Vanishing forest cover one is in District Anantnag. These gardens are of prime is heartening to read that Prime Minister Narendera Modi, while releasing the book 'President Pranab attraction to the tourists all over the world. The great Mukherjee-A Statesman at the Rashtrapati Bhawan', admired President Pranav Mukherjee saying that Sir, I would like to draw the attention of the concerned authorities towards the problem of reducing peculiarity about these is that they stand at the foothill the President cared for him like a father would for his son.The Prime Minister has exploded the myth green cover in Jammu city. It's been witnessed that over the years, a significant portion of green cov- of beautiful Zabarvan Mountain out looking at the spa- that there are no moral values in politics.Admitting that he was saying this from deep within, the PM er has reduced due to unabated urbanisation and industrialization. And the situation worsens, when one cious Dal Lake with the hillocks of Sharika Parbat and turned emotional and said that the President was always worried about him and asked him to cut down sees complete apathy of the concerned department over this problem. Forest Department has not tak- Shankaracharya in the far sight in their stately his programmes and take care of his health.The President, on his part, expressed his deep gratitude and en significant measures to restore forest cover in the city and as a result of which, pollution levels have grandeur. This combination the best in the nature is appreciation for PM Modi and said that divergence of views between the two didnot affect the relation- significantly risen. ship between the President and the Prime Minister, between the titular head and the actual head of the rarely found anywhere. One must appreciate the intel- Jammu, since 1980s has witnessed exponential growth which has resulted in unplanned colonies administration and that the functioning of the Government was never disturbed, never stopped, never ligence, vision, tastes and skills of the engineers of the mushrooming all across the city. This growth has been followed by unabated deforestation and reduced dealyed.This is the beauty of democracy and hall mark of humanity that both the President and the green cover. Ideally, every state should have one third of their area under forest cover but contrary to Mughal Court who laid the plan of these gardens. Prime Minister of the largest democracy of the world have brought before the world and proved that this J&K has just 20 percent area under forest cover. This reduced forest cover is already showing its We highly appreciate Government's decision to the divergence of views must remain confined to oneself but it should have no adverse effect on the repurcussions. Weather is turning unpredictable, temperatures are on the rise and irregular rainfalls are declare these gardens as Protected Monuments. This functioning of the Government.President Pranab Mukherjee is one of the most popular and versatile happening. These effects of weather,thus, are posing serious threat to our civilization. declaration protects the gardens for encroachment or Presidents India has ever had.He is known to be a workaholic, who works for as long as 18 hours a Thus, its high time the Forest Department takes this matter on priority basis to enhance the forest tampering of any kind like raising new structures or day.He has been a popular statesman who is credited with handling all the major portfolios such as cover of the State. If needed, some foreign guidance can also be taken. Vacant plots can be used for Finance, Defence, Commerce etc.and presenting seven budgets of the Union Government and serv- afforestation. New saplings can also be planted on the road sides and likewise a comprehensive poli- pulling down the old structures for affecting any change ing as Finance Minister both before and after Liberalisation eras.He has proved that the President's post cy should be drafted to deal with this very problem.This matter is of utmost importance in the public in the existing layout etc. In a sense these become is above party politics and that humanity transcends all relations in this world. interest at large and must be taken seriously. untouchable. It ensures maintaining pristine purity and Yours etc.... Yours etc.... beauty of these rarest of rare gardens and this is a boon Ankita Sharma Ansh Chowdhari to the tourists and also to the people of the valley. Udhampur Delhi University