The TLDR: The government issued a new notification that in one fell swoop ends Kashmiris’ exclusive right to land in their state. Now, any Indian can buy land in Kashmir. This significant policy is a direct consequence of the revocation of Jammu & Kashmir’s special status in August, 2019—and reveals how that move may irrevocably alter the state.

First, some background

The history: 

• In 1949, soon after Kashmir joined the Republic of India, Article 370 granted the state special status that exempted it from the Indian Constitution. 
• In 1954, in a move intended to seal this special status, a presidential order introduced Article 35A in the appendix of the Constitution. 
• This empowered the state’s legislature to define ‘permanent residents’ of J&K—and set aside special rights and privileges for them. 
• In order to qualify as a permanent resident, the person should have been a state subject in 1954—or lived in the state for at least ten years prior to 1954.
• And until last August, only such ‘permanent residents’ were allowed to own land or get a state job in Kashmir. 

After August 5:

• But the revocation of Article 370 and Article 35A in August ended that right— opening the door to outside buyers and investors.
• At the time, there was great talk of investing in Kashmir—with the BJP-led Maharashtra government promising to buy land to build resorts.
• But with the state in a near-permanent state of lockdown since August, few investors have actually followed up on that rhetoric.
• In March, the government replaced ‘permanent residents’ with ‘domiciles’ who would now have the right to own land. 
• These were defined as anyone who has lived in Kashmir for 15 years. Also eligible for domicile: Those who have been students in J&K for a period of seven years and appeared for their board exams there.
• Kashmiri leaders called it a plan for “slow demographic change”—but authorities insisted that the domicile certificate will be used for applying for jobs and “does not confer right to buy land.”

Ok, so what’s happened now?

The government issued a new J&K Development Act that does the following:

One: It gets rid of “permanent residency” as a requirement for land ownership. As a result, anyone can buy land in the state. As of now, this new law has not been extended to Ladakh.

Two: Farm land can now be bought and used for non-agricultural use with the government’s permission. 

Three: The military can take over land as a “strategic area within a local area” for direct operations and training with the government’s permission.

Four: It gets rid of a whole slew of other state laws that govern land ownership and use.

Why do this?

According to the Kashmir’s Lt Governor, this is about attracting investment: “On the areas identified as ‘industrial areas’, we want good industries to come up here, like in the rest of the country, so that there is progress, development and employment.”

According to Kashmiri leaders, the move enables the “loot of our natural resources and finally putting land in J&K up for sale.” 

Key point to note: The government has already consolidated 6,000 acres as a “land bank” to woo prospective investors.  But all its efforts to attract investment have targeted outside investors not local business. As Scroll points out:

“Almost 70% of mining contracts, for instance, have gone to non-local businessmen. Before August 5 last year, they would not have been eligible to bid for mining blocks in Jammu and Kashmir.

 

Since December, about 200 mineral blocks along the Jhelum river in Kashmir were opened for bidding online. With the internet blockade still in place in Kashmir, local businessmen could not even place their bids.”

The bottomline: Based on your politics—and likely whether you are Kashmiri—the new law is either highly overdue or just the latest in a string of betrayals. What remains true irrespective: The root word of democracy is ‘demos’, i.e. people. And in a democracy, a law has legitimacy only when it is accepted by the people it governs—and the authority issuing it is seen as lawful, as well.

Reading list

The Telegraph has the best reporting on the new law. Scroll has two very good deep dives: One on Article 35A and the other on changes in land laws in Kashmir since August, 2019. Indian Express explains Article 370.