In J&K, Land Is Again The Centre Of Debate

July 18, 2023

GS Paper II Indian Polity and Governance

Context:

The Lieutenant Governor of Jammu & Kashmir introduced many schemes for homeless and landless people, and migrant workers, which led to debate there over land and its ownership.

Pradhan Mantri Awas Yojana-Gramin (PMAY-G):

Welfare Program: It is a social welfare program by which the Government provides financial assistance to houseless beneficiaries identified using Socio-economic Caste Census 2011 data to help them construct a house of respectable quality for their personal living by the year 2022.
Launched by: The Ministry of Rural Development.
Implementation: Under the scheme, the cost of unit assistance is to be shared between Central and State Governments in the ratio 60:40 in plain areas and 90:10 for North Eastern and hilly states.
Target for J&K: Under the scheme, the Union Ministry of Rural Development has set a target to grant 1.99 lakh houses to the homeless population in J&K by 2024.

Affordable Rental Housing Complexes (ARHC) Scheme:

Provision: It provides rental housing for Economically Weaker Sections (EWS) and Low-Income Groups (LIGs).
Inclusion: The scheme covers urban migrants including laborers, street vendors and rickshaw pullers working in the Union Territory.
Eligibility Criteria: Any citizen of India who migrated to Jammu from any part of India temporarily or permanently, for employment, education, long-term tourist visit, etc.

Concern Raised:

Domicile Issue to Locals: It is likely that migrant workers and their children would become eligible for domicile in J&K with this scheme.
Land & Job Competition: Locals of the UTs are concerning that children of migrant workers can apply for land and jobs if they have lived in the UT for 15 years or have studied for seven years or appeared in the Class X or Class XII examination, as per the new domicile laws passed after 2019.

Conclusion:

The central government should engage in constructive dialogue with regional political parties, civil society and other stakeholders to understand the concerns and aspirations. A cooperative approach is crucial for finding sustainable solutions.

Additional Information:

Constitutional Provisions for Land in India:

Subject: Under the Constitution, “land” falls under the State List while “acquisition and requisitioning of property” comes under the Concurrent List, empowering the Centre as well as the states to legislate on the matter.
Right to Private Property: It was previously a fundamental right under Article 31 of the Indian Constitution, which was ceased by the 44th Constitution Amendment in 1978.
- Now, it is a constitutional or statutory right under Article 300A, which requires the state to follow due procedure and authority of law to deprive a person of his or her private property.

Universal Declaration of Human Rights (UDHR) States:

Under Article 17 of the UDHR:
- Everyone has the right to own property alone as well as in association with others.
- No one shall be arbitrarily deprived of his property.

News Source: The Hindu