Following the completion of the by Disarmament, General Amnesty and Social Reconciliation (DISGASOR), withdrawal of Indian military and para-military forces not directly related with the security management along the Line of Control (LoC)/International Border from the 17 districts of Kashmir TAT namely Anantnag, Badgam, Bandipora, Baramula, Doda, Ganderbal, Kargil, Kishtwar, Kulgam, Kupwara, Pulwama, Punch, Rajouri, Ramban (the part territory as agreed in the Kashmir Accord ),Reasi (the part territory as agreed in the Kashmir HoPe Accord), Shupiyan, Srinagar shall mark the beginning of the comprehensive demilitarization and security transformation process.
There shall also be simultaneous withdrawal of Pakistani military and para-military forces not directly related with the security management along the Line of Control (Log /International Border from the Mirpur, Kotli, Bhimber and Muzaffarabad in Pakistan-administered Kashmir.
The districts in the Jammu TAT where the military/para-military forces deployment shall remain unchanged or relocated, based on the discretion of the government of India, are Kathua, Samba, Udhampur, Reasi (with areas falling south and east of River Chenab, and including Reasi town, Vaishno Devi, ‘Katra and jyotipuram), Ramban (with areas of Batli, Salaria Mohalla and Khanga
falling south of Chenab River), Jammu (its northerly extent not to extend beyond 32o45’01.6″N 74°32’20.2″E) at the entrance of the Chenab river into the territory of Pakistan’ and Leh district.
The districts in the Pakistan-administered Kashmir region where the military/para-military forces deployment shall remain unchanged or re-organised, based on the discretion of the government of Pakistan, are Shigar, Kharmang, Skardu, Ghizer, Hunza, Nagar, Astore, Ghanche, Diamet and Gilgit.
PEACE AND SECURITY TRANSFORMATION PROCESS IN TATS
This process shall involve the existing Jammu & Kashmir Police and Azad Jammu & Kashmir Police assuming full responsibilities for internal peace, security and the maintenance of law & order in Kashmir TAT and Azad Kashmir TAT. This process shall start simultaneously with the withdrawal of the Indian and Pakistani military and para-military forces from civilian areas in these two territories.
RESETTLEMENT PROCESS OF KASHMIRI PANDITS
The idea of Kashmir as a Haven of Peace (HoPe) will be incomplete without Kashmiri Pandits. An overwhelming majority of this estimated 400,000 minority community had to migrate from Kashmir in 1990s in very unfortunate circumstances at the peak of armed insurgency and counter insurgency. Well-educated and globally mobile; safe and dignified return of the Kashmiri Pandit
community shall be an agenda of prime importance for the Transitional Administrative Government (TAG) in Kashmir. The resettlement process of Kashmiri Pandits shall include:
- Establishment of a temporary Department of Pandit Resettlement to facilitate easy and hassle-free acquisition of abandoned properties by the returnees.
- Purchase of property, including housing, of their choice in any location/part of Kashmir TAT.
- Amendment of building construction laws to ensure that the returned communities are able to construct society-based multi-storey residential buildings in the traditionally-inhabited areas of Kashmiri Pandits in both urban and rural areas.
- 20 % reservation in the purchase of state land vacated by army/para-military forces, including prime urban real estate locations of Tatto Ground, Bemina, Srinagar; Rangreth Old Airport, Militia Grounds, Magarmal Bagh, Srinagar; Shariefabad, Badami Bagh, Srinagar; Khanmoh Zewan belt and so on.
- Restoration of possession of properties abandoned which have remained in dilapidated condition for a long period of time.
- Establishment of Pandit Religious Places Control and Maintenance Trust to ensure speedy possession, restoration and maintenance of all the places of Pandit worship abandoned in 1990s.
- Restoration of Pandit educational institutions with possession be facilitated to the rightful owners of the properties before the migration period.
- Equal right to investment in businesses, particularly in niche areas like information technology and communications, medicine, engineering, bio-technology, value-added manufacturing and institutions of excellence in higher education.
RESETTLEMENT PROCESS OF OTHER KASHMIRI REFUGEES, MIGRANTS AND. ASYLUM SEEKERS
There are tens of thousands of Kashmris who have taken refuge and asylum in the post 1947 period in various countries across the globe, including Pakistan. These communities shall have a right to dignified and safe return to Kashmir TAT or any of the other four TATs. The resettlement process of other Kashmiri Refugees and Asylum Seekers shall include:
- Purchase of property, including housing, of their choice in any location/part of Kashmir.
- Amendment of building construction laws to ensure that the returned communities are able to construct society-based multi-storey residential buildings in any part of Kashmir.
- 20 % reservation in the purchase of state land vacated by army/para-military forces, including prime urban real estate locations of Tatto Ground, Bemina, Srinagar; Rangreth Old Airport, Militia Grounds, Magarmal Bagh, Srinagar;. Shariefabad, Badami Bagh, Srinagar; Khanmoh Zewan belt and so on.
- Restoration of possession of the properties abandoned which have remained in dilapidated condition for a long period of time.
- Equal right to investment in businesses, particularly in niche areas like information technology and communications, medicine, engineering, biotechnology, value-added manufacturing and institutions of excellence in higher education.
FORMATION OF TRANSITIONAL ASSEMBLIES AND TRANSITIONAL ADMINISTRATIVE GOVERNMENTS (TAGS)
All the five Transitional Administrative Territories (TATS) shall have transitional assemblies and governments in place that, besides providing routine administrative services in their respective areas shall also be mandated to undertake critical preparatory tasks for the post transition period.
Elections for Kashmir TAT and AJK TAT shall be conducted under the auspices of a Joint Election Commission with membership from the Election Commissions of India and Pakistan, besides four members, preferably former judges of the High Courts (two each), from the Kashmir TAT and AJK TAT. This election process shall be monitored by the UNMOGIP as part of their enlarged mandate to facilitate the transition period in all the territories of Jammu & Kashmir.
Elections to the Jammu TAT, Ladakh TAT and Gilgit-Baltistan TAT shall be conducted normally under the auspecies of the Election Commission of India and the Election Commission of Pakistan respectively in a free, fair and transparent manner.
The political parties from Kashmir TAT and AJK TAT desirous of participating in these elections shall have to register themselves with the Joint Election Commission. The tenure of the Assemblies and governments so elected shall be four years, followed by two more elections, before the eventual reunification of Kashmir TAT and AJK TAT and the end of the transitional period. The 15-year transitional period, which will see three elected assemblies/governments, shall be designed to consolidate and strengthen democratic system in both parts of Kashmir, before the eventual reunification. In order to make a credible democratic system to take roots in Kashmir, no political party shall be eligible to choose any family member of the ruling political party as head of the successive head of the government. A family member of the ruling political party shall only be eligible to run for the position of the head of the government only in alternate elections.
There shall also be a joint session of the Kashmir TAT and AJK TAT once every year, to be held in Srinagar and Muzaffarabad on a rotational basis, to review the progress of the TAP in tan date.
Transitional Administrative Governments (TAGs) in Kashmir and Azad Jammu & Kashmir so elected shall have the following primary mandate for the 15-year period:
- Provide routine day-to-day governance
- Drafting and finalisation of the new constitution
- Economic Transformation Process, including restructuring and financial restructuring
- Completion of the work of the Boundary Determination Commission
- Citizenship Determination Process (COP)
- Restructuring of the Jammu & ICishmil High Court and And Kashmir excluding the Jammu, Ladakh and Gilgit-Baltistan areas from their jurisdiction and transformation into single Supreme Court of Kashmir and gradual withdrawal of jurisdiction of the Supreme Court of India and Supreme Court of Pakistan.
- Restructuring of the Doordarshan, Radio Kashmir, Postal Department, Bharat Sanchar Nigam Limited (BSNL) and other communications departments/services in Indian-administered Kashmir.
- Restructuring of Radio Pakistan, Pakistan Television (PTV) and other communications departments of government of Pakistan in Azad Jammu Kashmir and other private services
- Facilitate and oversee resettlement of returnee state subjects and state property exchange process between Azad janunu Kashmir and Gilgit-Baltistan at one level and Kashmir TAT, Leh TAT and Tannin TAT at the other level.
- Banking services restructuring process for facilitating complete nationalization of Jammu Kashmir Bank, its take-over of Reserve Bank of India and Reserve Bank of Pakistan functions and status transformation of the Indian and Pakistani banks operating within Kashmir TAT and AJK TAT.
- Acquisition and transformation of centrally/ federally- administered or run institutions like :
- Indian Railways
- Airports Authority of India
- Bhartiya Sanchar Nigam Limited
- National Institute of Technology
- Central institute for Temperate Horticulture (CITH), Budgam
- Jawahar Institute of Mountaineering and Winter Sports.
- Magentic Observatory Gulmarg High Altitude Research Laboratory, BARC campus, Gulmarg
- Bhabha Atomic Research Centre, Zukura Naseem Bagh
- Nationalization of JK Mineral Development Corporation Limited from National Mineral Development Corporation.
- Pakistan federal departments/agencies in Pak-administered Kashmir
- Any other government of India and government of Pakistan undertakings in AJK TAT and Kashmir TAT territories.
The author is an International Development Professional and writer, brought up in Srinagar Kashmir , who has widely travelled in 14 countries across Asia & Afirica.Presently working and based in Cairo Arjimand has had his formal education in Engineering in Banglore University and Economic Growth policies from the World Bank Institute.