The Centre has recently announced the ‘Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Third Order, 2020’. According to this order, any Indian citizen is now eligible to buy land in Jammu and Kashmir (J&K), without necessitating a domicile status. This legislation has sparked significant discussions, as it involves the repeal of eleven land laws previously in effect in J&K.
Highlights of the New Order
Key features of the ‘UT of J&K Reorganisation (Adaptation of Central Laws) Third Order, 2020’ include the fact that no domicile or permanent resident certificate is required to purchase non-agricultural land in the Union Territory. Also, not just locals but people and investors outside J&K can now procure land in the UT which nullifies the exclusive rights previously granted to locals under Article 370.
According to the Centre, the former Article 370 hindered development in the U.T by preventing investors from acquiring land prior to 5th August 2019. The new order also amends the Jammu & Kashmir Land Revenue Act, 1996. Under the revised act, only agriculturists of J&K can purchase agricultural land, but agricultural land can be used for non-agricultural purposes if permitted by a District Collector.
New Notifications and Abolitions
The Centre has also notified the Real Estate (Regulation and Development) Act, 2016, allowing all Indian citizens to acquire land in J&K. This contrasts with the previous Article 35-A of J&K Constitution, which prohibited outsiders from buying land in the area.
In addition, the Big Landed Estates Abolition Act from 1950 was abolished. This Act had allowed for the redistribution of land, which helped end landlordism and foster rural prosperity. The new order also includes increased power for the Centre to label any area in J&K as ‘strategic’ and use it for the operational and training needs of the armed forces. However, this can only be done by an army officer equal to or above a corps commander.
Extended Definitions
The recent legislation also adjusts the laws regarding who is considered a domicile. Spouses of a J&K domicile and children of central government officials posted for over ten years in J&K are now also recognized as domiciles. Previously, spouses of domiciles were not granted this status.
Concerns and Issues
This legislative change comes at a time when J&K has been without an elected government for over two years. Consequently, all these changes have been introduced by the Centre rather than by the elected representatives of the people, leading to suspicions that the Centre is consolidating control and disempowering the local population through executive power.
Historical Land Reforms in Kashmir
Historically, the Kashmir Valley has seen its share of exploitation of tillers during the Afghan, Sikh, and Dogra rule periods. The Big Landed Estates Abolition Act in 1950, championed by Sheikh Abdullah’s government with the slogan ‘land to the tiller’, was a significant reform. The Act put a limit on land ownership and redistributed excess land among share-croppers and landless labourers without compensating the landlords. These changes led to a social transformation in J&K, ending landlordism and contributing to rural prosperity. Over the next quarter-century, the ownership ceiling was further decreased until the last reform Acts in 1975.