25.02.93 *t12

Statutory Resolution Re: Continuance of Proclamation by president in Relation to the State of Jammu and Kashmir

THE MINISTER OF HOME AFFAIRS (SHRI S.B. CHAVAN): Mr. Deputy Speaker, Sir, I beg to move:

“That this House approves the continuance in force of the proclamation dated the 18th July, 1990 in respect of Jammu and Kashmir, issued under article 356 of the Constitution by the president, for a further period of six months with effect from the 3rd March, 1993.”

As the House is aware, in view of the then Prevailing situation in Jammu and Kashmir, a Proclamation under article 356 of the Constitution in relation to the State of Jammu and Kashmir was issued by the President on the 18th July, 1990 on the recommendation of the Governor. Earlier on 19.1.1990, the Governor, Jammu and Kashmir, assumed to himself the powers of the State Executive and Legislature placing the legislative Assembly of the State under suspension under the provisions of the Constitution of Jammu and Kashmir. A month later, on 19.2.1990, the State Assembly was dissolved by the Governor, in exercise of his powers under the State Constitution.

A the law and order and security situation in the State of Jammu and Kashmir continued to be grim, approval of botuh the Houses of Parliament was obtained from time to time for continuance in force of the Proclamation dated 18th July, 1990, in relation to the State Relation to 422

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of Jammu and Kashmir. The current spell of extension of President’s proclamation under article 356 in the State shall be in force upto 2.3.1993.

In a recent report, the Governor of Jammu and Kashmir has informed that the security situation in the State continues to be series and challenging mainly because of Pakistan’s direct role in aiding and propping up the militancy in the Valley and in extending the arc of terrorist violence even to the Jammu Division.

The Governor has further mentioned that there was a marked escalation in militant activities in the Valley and District Doda in Jammu region during July and August, 1992. However, constant pressure has been maintained on the militants. There have also been significant successes in the operations of the security forces in the past few months byway of nautralisation and apprehension of a large number of militants and their leaders and massive recoveries of arms.

However, the militants still retain significant striking capacity and fire power backed up by assistance from Pakistan in the form of supply of weapons and finances, provision of sanctuaries to terrorist elements, continued operations of training camps etc. In any effort to restore the political process in the State, we will have to guard against this and all necessary efforts in this connection are being made.

The Governor has mentioned that there is a definite and district change in the mood of the people and there definite signs that the majority of the people are fed up with militancy, which has disrupted their normal life and economic activity. They have been disillusioned by the misdeeds of the militants who have indulging in acts of extortion, molestation of rape of women forced marriages, abduction and killing of innocent people and other. criminal activities.

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[Sh. S.B. Chavan]

Referring to the political situation, the Governor has stated that there continus to be a -political vacuum in the State . The political parties at the State level have not been able to activies their cadres, mainly due to the fear of the gun. On the other hand activisation of the political elements is necessary to encourage the masses to come out openly against the gun culture and into the mainstream. It is, therefore necessary that the leaders of the main stream parties in the State and at the national level should take steps to revive their in contacts at the grass root level. have recently addressed the leaders of the political parties in this regard. The State administration has caused that they will render all necessary assistance and made adequate security arrangements for all such efforts.

A number of initiatives have also been taken by the Central Government in the recent months for activising the political process in the State. Discussions have been held with the leaders of the political parties and with former legislators and parliamentarians from the State of Jammu and Kashmir and an all-Party parliamentary team also visited the State. I and the Minister of State for Internal Security have also visited the State. These initiatives have had an impact and several sections of the people have been heard talking about the need to do away with the gun culture.

However, it could take some time to consolidate the situation further and reduce the fear of the gun significantly. Also a large number of persons, who had been forced to migrate from the Valley in the face of terrorist violence, also still continue to be cut of the State. In view of these circumstances, the Governor has recommended that the president’s rule in the State may be further extended.

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According to the provisions of article 356 of the Constitution of India as applicable to the State of Jammu and Kashmir, by the Constitution Order No. 48 of 14-5-1954, as amended from time to time, the President’s proclamation under article 356 may continue in the State for three years with approval of both the Houses of Parliament, to be obtained for six months at a time. As already stated this period will expire on the 18th July, 1993.

Keeping in view the situation prevailing the State and taking all the relevant factors into consideration, there seems to be no alternative but to future extend the period of the President’s proclamation dated 18th July, 1990.

The President in exercise of his powers under Article 370 (1) of the Constitution has, with the concurrence of the State Government since issued a Constitution Order on 24.2.1993 amending the Principle Order of 1954 through which the various Constitutional provisions are made applicable to Jammu & Kashmir with or without modification., By this order, the maximum period upto which the Presidential Proclamation under Article 356 in relation to the Jammu & Kashmir can be in force has been expended to four years instead of the previous time-limit of three years.

In view of the position explained, I solicit the approval of this august House to the Resolution.

MR. DEPUTY SPEAKER: Motion on moved:

“That this House approves the continuance in force of the proclamation dated the 18th July, 1990 in respect of Jammu & Kashmir,issued under article 3565 of the Constitution by the President, for a further period of six months with effect from the 3rd March, 1993.

425 Welcome to Parliamentary

12.22 hrs



SHRI INDER JIT (Darjeeling): Mr. Deputy Speaker, Sir, I rise to support the Statutory Resolution moved by the Home Minister recommending that the President’s Rule be extended by a further period of six months, with effect from the 3rd of March, 1993.

Sir, the Resolution deals with a very important subject.

However, I regret to say that the time allotted for this discussion is wholly inadequate. One and a half hours are just not enough for this very important subject and I would strongly urge that the time be extended if possible.

Mr. Deputy Speaker, Sir, it is a pity that we have to extend the President’s Rule for a further period of six months, However, there is no alternative to extension of President’s

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[Sh. Inder Jit]

Rule in Kashmir, in view of what has been described appropriately as a very serious and challenging and grave situation in the State.

Regrettably Sir, Pakistan continues to wage a proxy war against India in Kashmir. I strongly feel that even as some measures have been taken to fight back this proxy war, not enough has been done. I would strongly urge the Home Minister, through you Sir, to adopt measures for sealing the border between Pakistan and India along the Kashmir border. This is possible. I have had discussions with top military experts, even former Army Chiefs, who did tell me that it is possible to seal the border. This has not yet been done.

Apart from sealing the border,-we must also seriously consider ways and means of spending sack to Pakistan, the kind of a signal which needs to be sent that a proxy war can be imaged on the questionssending terrorists across the border is a game which both sides can play with equal ruthlessness. I do not think we have sent this message across. Till such a message goes across, Pakistan is not likely to desists from this disgusting and condemenable act of sending terrorists across the border and sponsoring State terrorism.

Sir, for a long time we all have been hoping and praying and that some political process will be initiated in the state and some political steps for this process will be taken. I am glad to find that the Home Minister has taken certain initiatives. He has held discussions with the leaders of various political parties in Kashimir; he has held discussions with some Members of Parliament. But, that is not enough. I do feel that something more needs to redone. In my opinion, we must seriously consider the question of appointing political advisors to the Governor.

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At the moment, we do have bureaucratic advisors. But we should consider the question of appointing political advisors, to enable the ordinary people to be able to deal with their problems through and the help of these political advisors.

Secondly Sir, I do think that we should seriously consider the question of setting up of effective Advisory Committees. We do have one. But there is need to have an advisory committee at two levels.

One at the level of members of the Kashmir Legislative Assembly. I think, some sort of involvement of these former Members of the Kashmir Legislative Assembly would be a helpful step towards a political process and towards bringing about normalcy.

Again it is not enough to have just a few meetings of Members of Parliament interested in Kashmir. Since we have not been able to hold elections in Kashmir, I think we should also consider the question of getting the assistance and cooperation of former Members of Parliament from Jammu & Kashmir State. I think we should associate them effectively, since we are not able to hold elections at an early date.

So, something of this nature needs to be done.

My next point is in regard to the question of migrants. Time and again the expression used for the people who were forced to leave the Valley is’ migrants’ . In my opinion, it is a very unfortunate and an unfair expression. These people, the Kashmri Pundits- I think their total figure is around two lakhs – who, were forced to leave the Valley, have been describedtime and again as migrants . They have not come out of the Valley on their own accord, in the sense of migrating to Jammu. They were forced to leave the Valley. So, it is very unfair to call them migrants since they did not on their own leave the Valley and they were forced by the circumstances to leave. Therefore, they are essentially ‘ displaced persons and not migrants. By calling them

437 Continuance of

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migrants’, we are evading the rehabilitation in Jammu, but an eventual responsibility for their rehabilitation, not only temporary rehabiltsation back in the Valley.

In my opinion, this is an issue which has not received adequate attention of this House. These people, all the Kashmir pundits who have come out, who have been forced to leave the Valley, have to be enabled to get back into the Valley. I am not sure if adequate steps have been taken in that direction. We must get all these Kashmiri pundits back into the Valley, irrespective of the cost involved.

Initially I suggest and very strongly suggest that what we perhaps need in the Valley is sone kind of large security zone. A security zone might be created in the Valley and all these displaced persons must be taken into the security zone and given not only houses, not only free rations and medicines, but they must also be given free facilities for education so as send out a very important signal. Today the signal is that the people belonging to the minority community in the Valley have left as though they have no place at all in the Valley. The Valley belongs as much to them as to the others, I think it is the responsibility of the Government to see that irrespective of the cost involved, irrespective of the hundreds of crores of rupees which might be involved, steps are taken, from now onwards to make sure that these Kashmir pundits are able to go back, We must underwrite and emphsise the fact that Kashmir belongs as much tothese as to those who are staying on in the Valley .

One other point that I would like to make is this. I had occasion to visit, not very long ago, the camp of these displaced persons near Jammu & Kashmir. I was very distressed to see the kind of situation in which they are living. They are suffering a great deal, after having come away from the Kashmir Valley as not enough is being done for them. In that context, they complained, to me that they

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were not able to receive adequate response from the State administration. I am glad that the Governor, at one stage, did visit these camps and assured them that if they had any problem, his doors were open. But these displaced persons complained to me that times out of number, they had gone along to the highest bureaucracy, they had gone and even knocked at the door of the Governor; but they had not received any response.

That is why, it is very importune that those who are now running the State administration under the President’s Rule, must be adequately responsive to the requirements of the ordinary people.

Hence the importance of moving towards a political process because without a political process, we will continue to be in great difficulty in the State.

In the context of Jammu & Kashmir, a certain controversy has arisen a controversy in regard to the desecration and demolition of temples in Jammu & Kashmir.

We have two versions before us. The Leader of the Opposition.

Mr. L.K. Advani, has – given us a version about the desecration and demolition of Hindu temples in Kashmir. Subsequently, eminent journalists have gone to the Valley and have totally denied or partially denied the Claims made by Shri Advani.

In this context, I do think that the Home Minister should get abutmenti information. This House should be informed as to what exactly is the real truth- whether any temples have been desecrated, whether any temples in Kashmir have been demolished. And if not, the House should be informed because on this basis, a great deal of controversy has been raised. Emotions are sought to be whipped up. I think, the earlier we can get the facts across to the House, the better for everybody.

439 Continuance of Proclamation in

[Sh. Inder Jit]

I shall not take any more of your time. I shall now conclude with my plea once again to the Home Minister that there is need for more energetic, more effective steps towards a political process because the whole world is waiting to see some kind of a political process initiated in Jammu and Kashmir. As we are all aware in this House, we have now support for our stand on Kashmir from the United States of America. We also have support for our stand from the United Kingdom. But our friends in these and other countries are making one point repeatedly. The say, even as we support you, even as we are with you in your stand, that the Kashmir issue has to be discussed between India and Palistan bilaterally, and that the Kashmir issue has to be disussed only under the Simla Agreement, Nevertheless all India friends abroad are urging us that we must move towards some political process in the state. I do hope that something more effective can be done in the course of the next six months and that it may not be necessary for us to come back again before the House to seek a further extension of the President’s’ Rule.

MR. DEPUTY SPEAKER: The time allotted for this Resolution is 11/2 hours. Hon. Members will have ten minutes each so that more people can participate.

SHRI INDRAJIT GUPTA (Midnapore): Kindly use your discretion about the time because 11/2 hours are most inadequate to discuss an important subject like this. The time should be extended.


SHRI GEORGE FERNANDES (Muzaffarpur): Mr. Deputy Speaker, Sir, such a proposal on Kashmir does appear here once at an interval of six months alongwith the Governor’s report and the comments of

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the Home Minister thereon. The situation is really quite serious but at the sametime it is improving gradually because people are fed up with terrorists. If the Government is given 6 month’s period, it can do something to improve the situation and curb incidents like rape, extortion etc.

Mr. Deputy Speaker, Sir, I regret to say that it is not possible for me to agree to any of these views of the Government. We find congranity nowhere between the promises at the time when the Government comes before us in the House for the extension of 6 months period and its actions thereafter. As the hon. Minister has just said in his long statement that the Governor has sent information in writing about


mass escalation of militant activities in Toda, etc.


It relates to the developments of July-August last year. It is February, 1993 now and he is talking of the developments of July and August, 1992. He has also said that


Majority of the people were fed up.


Since women are being raped and violence is taking place on large scale, and people are fleeing away form these terrorists. Again he told this also that the situation is quite challenging there, Pakistan is continuing its activities in its own way. This is also a situation. It is said that if six months’ period is not given, the purpose will not be served. The Sopore incident was not refereed to here. When you have come in this House with such a serious mater and presenting


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