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India Must Seize the Opportunity

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By Prem Shankar Jha

When opportunity comes knocking, unbidden, to one’s door, a wise person does not let it slip away. India has done this twice in the past 70 years: First when it shooed away American companies that came to Asia in search of a cheap labour platform to manufacture goods for the world market, and sent them on to Southeast Asia.

It did this a second time when risk averse advisors in both India and Pakistan succeeded in delaying the fleshing out of the Manmohan Singh-Pervez Musharraf framework agreement to end the Kashmir dispute signed in Delhi in 2005, till Musharraf lost his power to push it through the Pakistan national assembly in 2008.

 

The monumental silence with which Prime Minister Narendra Modi greeted Pakistan’s offer three months ago, the curt reassertion last week by foreign minister Sushma Swaraj that India would not attend the SAARC summit in Pakistan, and the Congress leadership’s tepid reaction to the initiative, has made it likely that we will send it away yet again.

The reason for the Modi government’s lack of enthusiasm is written in saffron across the sky: having wrecked the economy, failed to create any jobs and alienated each and every one of India’s neighbours, it has nothing left to fall back upon in its bid to win the 2019 general elections except the whipping up of paranoia towards Muslims, towards Pakistan and towards China.

But how does one explain the ambivalence of the Congress? For was it not Prime Minister Manmohan Singh who said in 2007 that his dream was to be able to have breakfast in Delhi, lunch in Islamabad and dinner in Kabul on the same day? Was it also not Singh who fashioned the Delhi Framework Agreement? If these initiatives were not popular, why did the Congress win the 2009 election with a near-majority of its own?

The opportunity created by Kartarpur Sahib must not be allowed to slip away, for it is born of radically different and deeply enduring roots. While previous peace initiatives originated in the corridors of Islamabad and New Delhi, this one has originated in a small village close to the India-Pakistan border. While previous negotiations have been carefully planned and orchestrated, this one is unplanned, disorderly and very largely spontaneous. Finally while all previous initiatives have started at the top of the social and political pyramid, this one has been born out a yearning among the poorest people on both sides of the Punjab border for peace and reconciliation.

The gurudwara at Kartarpur Sahib was established by Guru Nanak in 1522. It was there that he lived for 18 years, wrote the Guru Granth Sahib and, in all probability, died. It is therefore the second holiest shrine in the Sikh religion.

Partition forced the Sikhs of Punjab to one side of the newly created border, but left Kartarpur Sahib a bare three km on its other side. As a result, for 70 years Sikhs have been going in their hundreds of thousands to the closest point on the border, from where they can see the domes of the gurudwara, to pray.

The idea of a visa-free corridor from the border to Kartarpur Sahib was first mooted by Prime Minister Atal Bihari Vajpayee during his bus journey to Lahore in February 1999. Despite the Kargil War, the Nawaz Sharif government responded positively the next year, but the Pakistan Army, which was smarting from its defeat in Kargil, was in no mood for compromise. The spate of ISI-backed terrorist attacks on high value targets in India that followed and eventually triggered Operation Parakram, and the ISI’s reckless use of mujahideen in Kashmir put an end to any further discussion of the subject.

The possibility of a corridor was raised by Navjot Singh Sidhu three months ago when he attended Imran Khan’s swearing in as prime minister. Sidhu had gone in his personal capacity, as one of the three Indian cricketers whom Khan had invited. According to his account of what followed, not only did Khan leap at his suggestion but General Bajwa, the Pakistan Army chief, who was present at the function, immediately offered to build a barricaded corridor from the border to the gurudwara. This would prevent any actual contact between the pilgrims and people in the intervening area. It was this spontaneous offer that made Sidhu give Bajwa a Punjabi jhappi.

Was the offer from Khan and Bajwa really a spur of the moment reaction to Sidhu’s suggestion? It might have been had only Khan made it, for he has been saying from the day of his inauguration, “If India takes one step forward, then we will take two steps forward toward friendship.”

But why should General Bajwa have gone that step further? A knee-jerk assessment would be that he saw it as a propaganda opportunity and, in case Delhi reacted negatively, a chance to rekindle disaffection in Punjab. But Khan made it crystal clear in his speech and press conference that he and the army are “all on one page” in wanting to mend ties with India.

Is such a radical change of heart in the Pakistan Army really possible? The answer, with suitable caveats, is ‘yes’, because seven decades after independence, its policy of jumping from the back of one circus-horse to another, while keeping its gaze locked firmly on Kashmir, has reached its pre-destined end – there are no more horses left to ride.

Thirty-five years ago, General Zia-ul-Haq felt that he could afford to adopt a forward policy because Pakistan’s GDP had been growing at 5-6% percent per annum for three decades; it was an indispensable ally of the US in the latter’s proxy war against the Soviet Union in Afghanistan, and therefore had no dearth of foreign exchange to buy military toys.

Today’s Pakistan could not be more different. It has been chastened by its failure to spark secession in Punjab and Kashmir: Despite every pain that India has inflicted on Kashmir, a 2009 Chatham House poll in the Valley showed that while a majority of its people wanted a radical change in Kashmir’s relationship with India, only 2.5% to 7.5% wanted to join Pakistan.

Not only has it lost the patronage of the US, but the Donald Trump administration, and most of the world, considers Pakistan to be a dangerous and unpredictable breeding ground for terrorists, and the principal threat to Pax Americana in Afghanistan.

Islamabad has attempted to replace the US with China and Saudi Arabia as its political, military and economic sponsors, but China has been far less tolerant towards its use of terrorism to realise its regional aspirations than Washington was three decades ago.

This is because, contrary to the prevailing impression in India, Beijing’s huge investment in the Karakoram-Gwadar transit corridor is, like other projects of its Belt-Road Initiative, more defensive than offensive. It is primarily intended to create one of several backdoors for its trade with Asia, Europe and Africa to pass through in case the US and its allies decide to block the sea lanes through which most of its imports and exports currently pass.

Its fear of the US’s naval power is understandable, because its dependence upon trade for economic growth is the highest for a large industrial economy that the world has ever known. China’s dependence on trade to generate employment is even greater. So from the early days of its investment in Pakistan, Beijing has been putting a quiet but unrelenting pressure on Pakistan to crack down on terrorist groups and maintain peace with India, especially in the Karakoram region.

Till the end of February this pressure was private and bilateral. Then, on February 23, China stopped shielding Pakistan and agreed to put it on the “grey list” of the Financial Action Task Force, a global body created to monitor the financing of terrorist organisations all over the world. Pakistan was put on the list in June. It now has till June 30, 2019 year to show that it has taken decisive action against organisations in the country that are sponsoring terrorist activities.

This withdrawal of support could not have come at a worse time for Pakistan, for it is facing its worst economic crisis in a decade. In 2017-18, it recorded a $19 billion balance of payments deficit, amounting to 5.7% of its GDP. The Pakistani rupee has depreciated by 20% in less than a year and its foreign exchange reserves have fallen to under $10 billion.

Till now, Islamabad has relied upon loans from China and Saudi Arabia to remain solvent, but Saudi Arabia too agreed to put Pakistan on the grey list last February. Pakistan has therefore been left with no option but to go to the International Monetary Fund for another – its 13th – bailout. That loan will now almost certainly come with conditionalities that will cross the border between economics and politics.

Finally, the Pakistan Army has been locked in a civil war for more than a decade. It has managed to establish a semblance of peace in the tribal areas by denuding its Indian border of troops. But insurgency and sectarian killings have continued to grow in other parts of the country. It would be surprising indeed if it had not begun to look for a way out of the morass.

To the army high command too, therefore, peace with India must have begun to look like the silver bullet that can end most of its miseries. The is almost certainly why General Bajwa seized the olive branch that Sidhu innocently extended at Khan’s swearing in with such alacrity.

What Pakistan has essentially done at Kartarpur, therefore, is to ask for India’s help in ending its own impossible predicament. Peace with India will remove the very ground on which much of the Islamist extremism which has spawned terrorism feeds in Pakistan. Since these groups gain legitimacy by posing as the champions of the oppressed in Kashmir, finding a solution to the dispute that Islamabad can present to its own people as a fulfilment of its commitment to them is the best way forward.

It would therefore be folly for India not to seize the opening that Kartarpur Sahib has created to end the Cain versus Abel conflict that has held both countries back, while the rest of Asia has raced ahead. An immediate cease fire along the Line of Control in Kashmir, the resumption of talks, involving Kashmiri leaders in the deliberations, and an agreement to review the Manmohan-Musharraf framework agreement will get the ball rolling towards peace.


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Religion and Religions

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By Amir Suhail Wani

Religion, as far as dictionary meaning is concerned is “the belief in and worship of a superhuman controlling power, especially a personal God or gods” or else as American heritage dictionary puts it “The expression of man’s belief in and reverence for a superhuman power recognized as the creator and governor of the universe”. These two definitions vaguely convey the meaning of religion in general, but it is highly impossible to give a harmonious and comprehensive definition of religion.

The issue of religion is a very subtle one and different people interpret it differently as demanded by their religion. The Islamic concept of religion may not be compatible with that of a Buddhist interpretation and alike the Christian picture of ascetic and celibacy may seem alien to Islam. But one thing that is invariably common in all religions is their allegiance and subordination to some superhuman powers.

 

All religions hold that the mechanism of universe can’t be self-substantial, but needs a divine will, divine power and divine energy to maintain its system. Religion teaches us to bow before this divine will, which permeates the whole universe and even what lies beyond the cosmic edges. By this subordination, religion wants to harmonize our position in the universe and to frame our actions according to the dictums of divine will.

The domain of religion is mainly spiritual, though it aims at the overall wellbeing of humans and aims at helping them to attain highest ideals of life. But before man could master his universe, religion teaches him to master his own self and helps him in unleashing the infinite power that already lies in the matrix of his constituents. The central point all thesis of knowledge be it philosophy, sociology, psychology, metaphysics or religion is man.

All the subjects try to see man from a particular view point and from a particular frame of reference. But religion transcends all frames of reference and analyses man in his totality. It takes into consideration his physical, mental, spiritual as well as metaphysical needs and thus aids him in perfectioning his attitude in this perfect universe. Religion prompts man to believe in supernatural, not on dogmatic basis, but on sound rational and analytic grounds. As Allama lqbal says:-

“Indeed in view of its function, religion stands in greater need of a rational foundation of its ultimate principles than even the dogmas of science. Science may ignore a rational metaphysics; indeed it has ignored so far Religion can hardly afford to ignore the search for a reconciliation of the oppositions of experience and a justification of the environment in which humanity finds itself.

That is why Professor Whitehead has acutely remarked that ‘the ages of faith are the ages of rationalism”. And by anchoring man with supernatural, religion next guides man through this infinite universe. It refrains from piece meal treatment of reality, rather sees reality as an organic whole and it does not see universe merely as a dichotomy of matter-energy but infuses in it a new spirit — the spirit that gives life even to pebbles and stones.

No matter how diverse their beliefs are, I pretend that the followers of all religions will agree upon these characteristics of religion, for they do not belong to any religion but to the religion on the whole. The historical evolution of religion is still another facet of religions that will require large amount of space for full description. But suffice to say that from theist’s point of view, religion was revealed upon the mankind by the supreme deity, to guide their conduct and to escort their transactions with the rest of universe. Time and again, God choose some blessed men and through them guided the whole of humanity from gloom to gleam.

Thus the origin of religion is divine, as opposed to atheistic stand who believe that religion is a social phenomenon which arises purely on the basis of man’s interaction with his universe. The atheists believe that due to his sheer fear of natural phenomenon like thunder, earthquakes and other natural calamities the early man reckoned the concept of divine to interpret these phenomenon. They are correct in saying that man needed explanation for these phenomenon’s and was scared by them. But to say that this fear gave birth to god hypothesis is highly unjustified, for man was already conscious of Supreme Being and thus sought refuge with him.

The lure towards religion and the concept of God is engraved very much in the psychology of man and to say that religion is something which arose as a social phenomenon and was imposed on the nature of man is highly disturbing—. Even most of the world’s greatest scientists were theists and openly confessed that the interpretation of this universe is impossible without invoking the presence of supreme conscious who directs its course. C.S. Lewis wonderfully wrote in The Problem of pain that “A man can no more diminish God’s glory by refusing to worship Him than a lunatic can put out the sun by scribbling the word ‘darkness’ on the walls of his cell”. So the existence and acceptance of religion is a universal phenomenon even one may comply with it or not, its worth cannot be diminished. We shall now take up the concept of man in different religions keeping their implications in mind for future use.

Hinduism: – Hinduism is regarded as one of the most ancient religions of the world and in fact its origin is obscure to researchers and scholars. For academic purposes it can be said that Hinduism is the group of religious and philosophical traditions of India that accept the doctrinal authority of the Vedas and Upanishads, comprising the schools Mimamsa, Sankhya-Yoga, Nyaya-Vaishesika, and Vedanta. J.L. Nehru writes in his magnum opus the discovery of India, under the title “What Is Hinduism” that “In this quotation Vincent Smith has used the words ‘Hinduism’ and ‘Hinduised’. I don’t think it is correct to use them in this way unless they are used in the widest sense of Indian culture.

They are apt to mislead today when they are associated with a much narrower and specifically religious concept. The word ‘Hindu’ doesn’t occur at all in our ancient literature. The first reference to it in an Indian book is, I am told, is in a Tantric work of the eighth century A.C., where ‘Hindu’ means a people and not the followers of a particular religion. But it is clear that the word is a very old one, as it occurs in the Avesta and in Old Persian”. He further goes on to say that “The famous Chinese pilgrim I – Tsing, who came to India in the seventh century A.C., writes in his records of travels that the northern tribes that is the people of Central Asia, called ‘Hindu’ (Hsin-Tu) but, he adds, ‘this is not at all a common name … and the most suitable name for India is the Noble Land (Aryadesha)’ The use of the word ‘Hindu’ in connection with a particular religion is of very late occurrence”89.This account compendiously sums the rhetoric aspects of Hinduism. Now coming to its main tenets, we note that Hinduism is based upon diverse beliefs, rituals, customs and practices. Hinduism is also called the Vedic religion as is based upon the teachings inscribed in Vedas. Vedas form the fountain head of Hinduism and are the ultimate sources to which legacy of Hinduism can be traced. Although, it is difficult to fix any timescale for the composition of Vedas, but it is believed that around 1500 B.C., the Vedic age started, when the Aryans arrived in India.

It is believed that the facts mentioned within Vedas are infallible and invariable. It is also believed that Vedas were revealed to early mystics in course if their spiritual discourses, who expressed them in words. Thus it is assumed that the origin of Vedas is essentially divine. As Witzel puts it “We owe the transmission and preservation of the texts to the care and discipline of particular religious, or better, priestly schools (or, sakhas).

It should also be emphasized that both the composition and the transmission of the texts was completely oral for the entire Vedic period and some considerable time afterwards”.Thus the study of Hinduism is essentially the study of Vedas and affiliated texts. For convenience, the Vedas are divided into four main categories viz Rig Veda, Yajur Veda, Sam Veda and Atharva Veda. Each Veda deals with a particular aspect of human life. Besides Vedas, the religion of Hinduism stands on the texts of Upanishads. One of the most important doctrines in Hinduism is that of the theory of Karma, which states that action and its consequences are inseparable. Any deed, any thought that causes an effect, is called Karma. The Law of Karma means the law of causation. Wherever there is a cause, there an effect must be produced.

(The author is a freelance columnist with bachelors in Electrical Engineering and a student of comparative studies with special interests in Iqbaliyat & mystic thought. He contributes a weekly column for this newspaper that appears every Monday. He can be reached at: amirkas2016@gmail.com

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Criminalisation of Indian politics

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Shabbir Aariz

India after independence adopted the parliamentary form of government for it being the largest democracy in the world and a constitution with secular and democratic features as envisioned by its leaders who were part of the freedom struggle with laudable credentials.

Indian parliament was graced from the prime minister to the smallest member by the individuals who were like institutions unto themselves, the feature that continued, unfortunately not very long.
Soon after the first crop of leaders of independent India kicked the bucket, the degenerative metamorphosis of the system started setting in. People like Shashtri and Gulzari Lal Nanda and likes of them suddenly disappeared and the citizenry started suffering. Nehrus and Aazads those adorned the parliament were replaced by Pholan Devis and individuals with criminal background.

 

And as recently as 2018, the supreme court of India in its five judge bench including the chief justice, on a PIL by Public Interest Foundation & others V/S Union of India, observed that the citizenry suffers at the hands of those “who are nothing but a liability” to the country. The said bench however left it to the parliament to make a law to ensure that persons facing serious criminal cases do not enter the political stream.

The bench maintained that criminalization of politics strikes at the very root of democracy. This unsettlingly increasing trend of criminalization of politics, to which the country has been witness, tends to disrupt the constitutional ethos and strikes at the very root of its democratic form of government.

The judgement has also come under a great criticism for the reason that the Apex court instead of laying law has passed on the task to the parliament and the critics say that the judgment is disappointing because of the inconsistency and the fact that it “misses the wood for the tree”.

The apex court while sharing the petitioner’s concern about the growing criminalization of polity, which is a threat to the basic structure of the constitution. Still, it has expressed its inability to go beyond what it did, on the ground that it is bound by the doctrine of separation of powers between the legislature and the judiciary not to cross the “Lakshman Rekha’. The bench has ignored the precedents which it had set to determine what constitutes Lakashman Rekha. Petitioners had wanted the court to step in as the parliament had not enacted the requisite law to fill the void for so many years.

It was believed that politics is the last resort of the scoundrel and in India this is loud and clear as we see that criminals seek shelter in politics after contesting elections and even getting elected either to the parliament or state legislature.

It is also no secret that nexus between the criminals and some politicians exists.

Criminals need patronage and politicians need money and muscle that comes from the criminals to enable politicians to win elections.

And criminals also directly contest elections. Booths are captured, goons hired to mobilize or suppress turnout, criminals protected from the reach of law, favors showered and the competitive search for underground financing by the parties has made criminals most sought after commodity who in turn have sought space for themselves in the political stream and got it.

Studies suggest that a substantial percentage of individuals with criminal record of serious crimes like rape and murder, over the years have made it to the parliament and state legislatures. There have been political murders in India and the killers controlling the system never were brought to justice. Much of the nexus between the criminals and politicians has remained covert in the past but for the past few years it has not only been overt but also glorified in the ugliest manner.

We are witnessing mob lynching, killings, destruction of properties, humiliations and organized targeting of under privileged and voiceless citizens brazenly defended by the politicians in power. Meanwhile Sadhvi Pragya Thakur, 2008 Malegaon blast accused has been favored with a ticket by BJP for parliament elections in Bhopal.

The scnario does not only threaten the democracy but the basic edifice of India and there are no regrets or remorse for this socio-political degeneration and undermining the very constitution of India. So much so people involved in terror attacks that consumed lives of innocent people, have earned their freedom from the clutches of law through powerful political patronage. Feeble voices against the trend are indicted and gaged. The situation has come now to such a pass that it has attracted the attention of world bodies which have reported their concern on various happenings in India and have linked it to the human rights, which even if rubbished by the ruling class, does not do any good to the image of India.

It is, therefore, high time for the saner India to effectively rise against the menace and brave the adversity as that wrestles with you shall only strengthen your nerves and sharpen your resolve. Otherwise a society which is incapable of ridding itself of such barbarian element is indeed plunging into a primitive state of moral chaos and lawlessness.
(A leading lawyer and eminent poet, author contributes a weekly column. He can be reached at: vaklishabir@gmail.com)

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Refractory Brick Kilns operators in the State

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By Bhushan Parimoo

Was it a coincidence or the preponderance which accorded an opportunity to this writer to have privy to a deliberations, providing answers to many of unsolved riddles plaguing the J&K State Pollution Control Board.

It so happened the other day in one of the Office Chamber of the Board at Jammu Tawi. Discussion was between an owner of the daily English Newspaper and the coordinator of the Board, who had come to expedite the clearance of Plastic Bottles Manufacturing Unit.

 

To give legs to the file to run faster he raised the issue as a pressure tactics about the operation of Brick Kilns against norms.

Emphasising upon that he has raised the issue number of times, but things continue to be carried on unabated before the very eyes of the Board. The officer in chair meekly had no answerer to offer.

This refreshed the memory about the lines by Pearl .S. Buck Noble Prize novelist. In one of her novels The Promise “And promises were nothing but words, and words were bubbles of air, falling easily from men’s lips and broken and gone as though they had never been”.

What surprised this writer all the more that the coordinator took liberty knowing well that whole scenario in its totality is known to me as well .Because the matter had been consistently raised at various forum including him by me since 2014. Besides media has been consistently raising this serious issue umpteen times over the years.

It was last September on way to Pilgrimage to Badekali Shrine Handwara, I found Brick Kilns spewing huge quantity of smoke from their chimneys .The emission of  carbon dioxide  cause  serious  polluted air related diseases  beside adverse impact  on the environment.

Same was brought in to the notice of the authorities who concurred with the concern. Beyond it matter continued as it was being carried.

Still on pilgrimage I learnt that Advisor to the Governor Vijay Kumar had already held a meeting at Srinagar with regards to Brick Kilns functioning against Environmental norms, which was attended by Commissioner –cum-Secretary to the Government for Forest, Environment and Ecology Department, the Chairman and Member Secretary of State Pollution Control Board, Divisional Commissioner Kashmir and others.

It was deliberated in the said meeting that in Kashmir Division none of 334 Brick Kilns active in manufacturing Burnt Bricks have Environmental Clearance. Badgam has the highest number 212, Anatnag 55, Pulwama 41,Kulgam 21, Shopian 3, Baramulla 2. While as Jammu South 44, Jammu North 85, Samba South 47.Samba 01, Kathua 41, Udhampur 9, Reasi 02. In Jammu Division these are not in conformity with the laid down eco-friendly technology norms.

All Brick Kilns use raw material from agriculture land against the norms. What transpired there in the above referred meeting has not been made public. State Pollution Control Board feigns ignorance about the meeting under an RTI, dated 9 January 2019, but do admit illegal function of the brick manufacturing units. Undeniable fact is that the matter has been deliberated thread bare in the meeting chaired by the Advisor Vijay Kumar.

Thereafter situation remained as it has been before. Now question arises did the Advisor drop hints not to act even as under rules authority is supposed to perform its legitimate duty. Or in other case did he directed to proceed under law which is generally it expected of him in a normal course. Then what made authorities not to act. It is a fit case before National Green Tribunal where citizens can claim damages on human life and environment.

The State Pollution Control Board is the sole authority established to ensure what is guaranteed under Constitution. But the orders of judiciary and National Green Tribunal are not being got adhered to. Commoner neither can afford to establish the unit nor he can influence the clearance agencies to establish these against laid down norms which are spewing death and destruction around? 

How these Units get permission which has to pass through various check and cross check passage to ensure these to be eco-friendly. It is well aware fact that every part of the machinery is well oiled to run it smoothly and noiselessly.

Hapless are the sufferers because civil society most of them retired or businessmen are busy to be in good books of the Government. State do has an act to regulate and control the establishment of Brick Kilns in papers never used. Jammu and Kashmir Brick Kilns (Regulation) Act, 2010, makes it mandatory that No brick kilns shall be established on any land which Is agricultural land; is fit for cultivation of any agricultural produce; has not been declared as Banjri-Kadim in the Revenue records; or is within the demarcated forest area of the State under the Jammu and Kashmir Forest Acts,.

Every application under sub-section (1) and sub-section (2) shall be made in the prescribed form and shall contain the particulars regarding the location of brick kiln, the size and type thereof and such other particulars as may be prescribed. It shall invariably be accompanied by the following documents:, site plan and Revenue extract duly attested by concerned Tehsildar indicating the title, location, status and type of land; II no-objection certificates from (i) Deputy Commissioner concerned; ii) State Pollution Control Board; (iii) Divisional Forest Officer concerned; (iv) Wildlife Warden concerned; (v) Director, Geology and Mining; (vi) District Agriculture Officer concerned;(vii) Block Medical Officer concerned;(viii) Tehsil Education Officer concerned; (ix) The Executive Engineer (PWD/R&B) concerned; and(x) Tehsildar concerned. (6) Before granting licence under sub-section (5), the licensing authority shall make or shall cause to be made a full and complete investigation in the prescribed manner in respect of the application having due regard to the following, namely: (a) the suitability of the locality wherein the proposed kiln is to be established;(b) the number of kilns operating in the area;(c) whether such kiln is not detrimental to the health of general public, habitations, water resources, fauna and flora in close proximity;(d) whether such kiln is proposed to be set up on land which is or was put to agricultural use, save as that the existing brick kilns, if set up on such land, though categorized as “Banjar Kadim”, should be relocated within a period of five years and punitive action shall be taken for non-compliance as per the rules to be framed under this Act;(e) the setting up of brick kilns should be allowed on the areas considered suitable for the purpose without any detrimental effect to the agricultural/productive land.

It is to be ensures  that  every holder of Brick Kiln licence shall abide by the pollution control laws in force and shall take all precautions, adopt such measures and install such devices as prescribed for protection of environment and control of pollution as may be directed by the concerned authority. Air pollution due to dust, exhaust emissions or fumes shall be controlled and kept within permissible limits specified under the relevant laws in vogue from time to time.

And then there are penalties for violators  contravenes or abets contravention of any of the provisions of this Act or the rules made there under, he shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees, or with both. The cognizance of offence no court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by licensing authority or any person duly authorized by the Government in this behalf. Apart from it these units are grossly violating Labour laws; incidents have been reported from time to time of bonded labour practices. Welfare schemes are denied to the workforce.

History of manufacturing of fire Baked Bricks in the Kiln is about 150 years old in the state. And the manufacturing procedure has remain by and large same hardly changed .Brick manufacturing had been started by Maharaja Ranbir Singh, in Kashmir during his rule. Maharaja owned a brick kiln which remained a major and assured source of his income apart from other royal revenues.

More significantly it had the name “Maharaji Seer’ (Brick in Kashmiri) .Because of the fact that Maharaja was the sole owner of such manufacturing enterprise.

Making them was the personal commercial enterprise of Maharaja Ranbir Singh. The term for the real estate affluence of a Kashmiri, the present writer, believes is the unforgotten phrase “Maharaji Seer” found in many house constructions of Srinagar of the recent past. Small, thin rectangular baked blocks of clay would accord its unique and distinct feature to Kashmir building architecture not seen elsewhere in the state.

This type of brick is still seen in several old houses in down town Srinagar. However, with changing times and use of modern- day European building materials, the houses in Srinagar no longer provide this conventional look of the brick used in their construction.  Any relics still left out must be preserved as state building heritage.(The writer is a Jammu based Environmentalist).

on pilgrimage I learnt that Advisor to the Governor Vijay Kumar had already held a meeting at Srinagar with regards to Brick Kilns functioning against Environmental norms, which was attended by Commissioner –cum-Secretary to the Government for Forest, Environment and Ecology Department, the Chairman and Member Secretary of State Pollution Control Board, Divisional Commissioner Kashmir and others.

It was deliberated in the said meeting that in Kashmir Division none of 334 Brick Kilns active in manufacturing Burnt Bricks have Environmental Clearance. Badgam has the highest number 212, Anatnag 55, Pulwama 41,Kulgam 21, Shopian 3, Baramulla 2. While as Jammu South 44, Jammu North 85, Samba South 47.Samba 01, Kathua 41, Udhampur 9, Reasi 02. In Jammu Division these are not in conformity with the laid down eco-friendly technology norms.

All Brick Kilns use raw material from agriculture land against the norms. What transpired there in the above referred meeting has not been made public. State Pollution Control Board feigns ignorance about the meeting under an RTI, dated 9 January 2019, but do admit illegal function of the brick manufacturing units.

Undeniable fact is that the matter has been deliberated thread bare in the meeting chaired by the Advisor Vijay Kumar. Thereafter situation remained as it has been before. Now question arises did the Advisor drop hints not to act even as under rules authority is supposed to perform its legitimate duty. Or in other case did he directed to proceed under law which is generally it expected of him in a normal course.

Then what made authorities not to act. It is a fit case before National Green Tribunal where citizens can claim damages on human life and environment. The State Pollution Control Board is the sole authority established to ensure what is guaranteed under Constitution. But the orders of judiciary and National Green Tribunal are not being got adhered to. Commoner neither can afford to establish the unit nor he can influence the clearance agencies to establish these against laid down norms which are spewing death and destruction around? 

How these Units get permission which has to pass through various check and cross check passage to ensure these to be eco-friendly. It is well aware fact that every part of the machinery is well oiled to run it smoothly and noiselessly. Hapless are the sufferers because civil society most of them retired or businessmen are busy to be in good books of the Government.

State do has an act to regulate and control the establishment of Brick Kilns in papers never used. Jammu and Kashmir Brick Kilns (Regulation) Act, 2010, makes it mandatory that No brick kilns shall be established on any land which Is agricultural land; is fit for cultivation of any agricultural produce; has not been declared as Banjri-Kadim in the Revenue records; or is within the demarcated forest area of the State under the Jammu and Kashmir Forest Acts,. Every application under sub-section (1) and sub-section (2) shall be made in the prescribed form and shall contain the particulars regarding the location of brick kiln, the size and type thereof and such other particulars as may be prescribed.

It shall invariably be accompanied by the following documents:, site plan and Revenue extract duly attested by concerned Tehsildar indicating the title, location, status and type of land; II no-objection certificates from (i) Deputy Commissioner concerned; ii) State Pollution Control Board; (iii) Divisional Forest Officer concerned; (iv) Wildlife Warden concerned; (v) Director, Geology and Mining; (vi) District Agriculture Officer concerned;(vii) Block Medical Officer concerned;(viii) Tehsil Education Officer concerned; (ix) The Executive Engineer (PWD/R&B) concerned; and(x) Tehsildar concerned. (6) Before granting licence under sub-section (5), the licensing authority shall make or shall cause to be made a full and complete investigation in the prescribed manner in respect of the application having due regard to the following, namely: (a) the suitability of the locality wherein the proposed kiln is to be established;(b) the number of kilns operating in the area;(c) whether such kiln is not detrimental to the health of general public, habitations, water resources, fauna and flora in close proximity;(d) whether such kiln is proposed to be set up on land which is or was put to agricultural use, save as that the existing brick kilns, if set up on such land, though categorized as “Banjar Kadim”, should be relocated within a period of five years and punitive action shall be taken for non-compliance as per the rules to be framed under this Act;(e) the setting up of brick kilns should be allowed on the areas considered suitable for the purpose without any detrimental effect to the agricultural/productive land. It is to be ensures  that  every holder of Brick Kiln licence shall abide by the pollution control laws in force and shall take all precautions, adopt such measures and install such devices as prescribed for protection of environment and control of pollution as may be directed by the concerned authority. Air pollution due to dust, exhaust emissions or fumes shall be controlled and kept within permissible limits specified under the relevant laws in vogue from time to time.

And then there are penalties for violators  contravenes or abets contravention of any of the provisions of this Act or the rules made there under, he shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees, or with both. The cognizance of offence no court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by licensing authority or any person duly authorized by the Government in this behalf. Apart from it these units are grossly violating Labour laws; incidents have been reported from time to time of bonded labour practices.

Welfare schemes are denied to the workforce. History of manufacturing of fire Baked Bricks in the Kiln is about 150 years old in the state. And the manufacturing procedure has remain by and large same hardly changed .Brick manufacturing had been started by Maharaja Ranbir Singh, in Kashmir during his rule. Maharaja owned a brick kiln which remained a major and assured source of his income apart from other royal revenues. More significantly it had the name “Maharaji Seer’ (Brick in Kashmiri) .Because of the fact that Maharaja was the sole owner of such manufacturing enterprise.

Making them was the personal commercial enterprise of Maharaja Ranbir Singh. The term for the real estate affluence of a Kashmiri, the present writer, believes is the unforgotten phrase “Maharaji Seer” found in many house constructions of Srinagar of the recent past. Small, thin rectangular baked blocks of clay would accord its unique and distinct feature to Kashmir building architecture not seen elsewhere in the state. This type of brick is still seen in several old houses in down town Srinagar. However, with changing times and use of modern- day European building materials, the houses in Srinagar no longer provide this conventional look of the brick used in their construction. 

Any relics still left out must be preserved as state building heritage.(The writer is a Jammu based Environmentalist).

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