The Roshni Act in Jammu and Kashmir: Controversy, Opposition, and Repeal

The Roshni Act, a fiercely debated land legislation introduced in Jammu and Kashmir, aimed to transfer ownership rights of state land to existing occupants with a nominal fee determined by the government. However, the act quickly became mired in controversy, controversy that stems from allegations of demographic changes and land corruption. This article delves into the intricacies of the Roshni Act, exploring why it was controversial, who supported and opposed the venture, and why it was eventually repealed.

What is the Roshni Act?

The Roshni Act, established in 1990, was designed to transfer ownership rights of state land to existing occupants in Jammu and Kashmir in exchange for a fee. The idea was to raise funds by selling land to create an infrastructure of hydroelectric power projects. The term 'Roshni' signifies 'light' as the revenue would be utilized for developing power facilities.

The Act initially proposed to transfer ownership rights of around 20.55 lakh kanals (1 acre 8 kanals) of state land to those occupying it for a government-determined fee. However, amendments in 2004 and 2007 brought significant changes. These amendments were criticized for exacerbating demographic shifts and enabling large-scale land giveaways at throwaway prices.

Why the Roshni Act Was Controversial

The controversy surrounding the Roshni Act can be broken down into several key issues:

Religious Demographic Changes

One of the primary concerns was the potential to alter the demographic composition of Jammu and Kashmir based on religion. Critics argued that the act favored Muslim claimants over Hindu ones, particularly in the Jammu region. Under the act, 25,000 individuals were settled in Jammu, while in Kashmir, only 5,000 received land. In Jammu, approximately 90% of the beneficiaries were Muslims, leading to a significant decline in the Hindu population during the 2011 census.

A 2014 report by the Central Audit Office (CAG) termed the Roshni Act scam as the largest in the history of Jammu and Kashmir. The report asserted that over 50 lakh kanals of mostly forest land were sold illegally to Muslim religious organizations, further fueling concerns about demographic shifts.

Illegal Occupations and Land Scams

Notable illegal occupations occurred in several areas under the guise of the Roshni Act. For example:

Jammu: Over 100 new mosques were constructed in Jammu city, which had just three mosques in 1994. This build-up suggested signs of a demographic takeover and the illegal occupation of prime lands. Srinagar, Gulmarg, Pahalgam, and Sonamarg: Provisions of the act were exploited by both separatists and politicians to illegally settle people and construct radicalized madrassas (religious schools).

These actions raised significant environmental concerns, as large tracts of reserved forest land were sold off as open land for construction and settlement.

Opposition to the Roshni Act Repeal

Several key groups opposed the repeal of the Roshni Act:

Separatists and 'Kashmiri' Politicians: Their underlying designs were exposed, leading to opposition to the act. Gujjar and Bakerwal Groups in Jammu: They were concerned that applications by the rich and influential were processed while their applications remained pending.

Support for the Roshni Act Repeal

Diverse groups supported the repeal of the act, reflecting a broader societal shift in Jammu and Kashmir:

People of Jammu: Over the years, the demographic changes orchestrated by politicians and separatists were closely observed, leading to considerable opposition to the act. Security Experts: Recognizing the threat perception and the illegal settlement of Rohingya Muslims and construction of radicalized madrassas, security experts welcomed the repeal. Environmentalists: Concerns about the misuse of forest lands for settlement led to support for the act's repeal.

The Roshni Act was eventually repealed by the order of the Lt. Governor of Jammu and Kashmir in 2014. Despite initial intentions to raise funds for power projects, the act failed to achieve its objectives, and reports of misuse further fueled public opposition.

Conclusion

The Roshni Act, while aimed at promoting development and addressing land ownership issues in Jammu and Kashmir, became a contentious issue due to its perceived impact on demography and the misuse of power. Its repeal reflected a broader societal shift in addressing these concerns.