BILL TI "KILL"

Justice, peace and security reads the preamble of Constitution of India. The Jammu and Kashmir Constitution is no different on the basic human values. A democratic state is believed to have a humanist approach for the resolution of all the issues whether internal or external. But when you look at the laws like Public Safety Act, Disturbed Areas Act, Armed Forces Special Powers Act, your faith in Indian Constitution immediately gives way to scepticism. The implementation of these ‘brutal’ laws, in various conflict ridden states of North-East or Jammu and Kashmir, has invited wide spread criticism from all over world. These ‘draconian ‘laws today stand as the biggest hurdle in peace process as their revocation from Kashmir continues to be the unequivocal demand of various resistance organisations and even the mainstream groups in state. But Army and New Delhi are sceptic citing security situation ‘might’ worsen and state ‘might’ fall into the hands of the militant again if these laws are revoked or diluted.

There is a growing concern amongst people belonging to different shades of life in and outside Kashmir over the unending violation of human rights, extra judicial killings, fake encounters, rapes and other kinds of acts of extortion done under the garb of ensuring National Security and fighting extremism in Valley. At the time when the demand for the revocation of notorious AFSPA, which provides blanket immunity to the troopers involved in crimes on civilian population, is at its pinnacle, the state govt has come out with a draft report of a bill which it says will empower the police forces in Valley. The act in its present form is a series of clauses borrowed from Ranbir Penal Code, Crpc, AFSPA, IPC, and disturbed areas of act. The bill which is originally supposed to deal with the organisational and infrastructural aspect of police department has included various provisions which are unclear and need to be debated on various platforms before its implemented. ‘Empowering’ the forces and enhancing their operational capabilities should not be done at the cost of safety and security of the civilian population of the state as has been the case with laws like AFSPA. The Draft at no place talks about the moral obligations on the police forces. Even the preamble of the law has completely eluded the phrases like ‘responsibilities, duties and obligations. This, of course, adds to the ambiguity. Not only should bill fix duties on forces but also encourage people to register their complaints against any wicked police personnel to a’ special cell’ formed within the police.

In a democratic set up army, police and other paramilitary forces are supposed to adhere to the instructions of the civilian govt and not dictate terms to it. But the present draft of police bill appears to be a blatant violation of this constitutional principle. The bill has completely omitted Section 7 of Jammu Kashmir Police Act and Section 4 of Indian Penal Code about the operation and control of police forces at District level under District Magistrate. Instead it authorises District superintendent of police to exercise the powers of issuing character certificate to the people and hence excluding district magistrate from the entire scheme of things. The bill also proposes a commissionerate system in urban areas which means once a city is brought under the control of a police commissioner, all the magisterial powers would vest in his hands. This means police is no more bound to seek permissions from magistrate to fire or to quell processions by force. Given the situation in Valley, in particular the volatile Srinagar city, where policing has always been unjust and bad , this can result in more avoidable causalities. The draft in its available form is aimed at creating a police state rather making a state within state. Leaving the Civilian administration non-operational will only exacerbate the law and order situation in Valley. The bill should instead empower the district magistrate by devolving on him the powers like inspecting all police stations falling under his jurisdiction, accessing all documents, issuing character certificates and hearing complaints against police forces involved in any unjust practices.

The bill also authorises the DGP to constitute as many Village Defence Committees, in disturbed area, as he wishes. This is in clear violation of the Supreme Court observation regarding the civilian counter insurgent group called ‘’salvajudam’’ operating in Naxal affected areas. The Supreme Court has termed it unjustified as it perpetuates the killing of these amateur, less armed and  ill trained groups. In a state where people are still haunted by the gruesome memories of the atrocities inflicted by the much notorious group of militants turned counter insurgents ’’Ikhwanis’’ during mid 90’s,such a bill is no breather.
This bill also includes provisions for conferment of rewards and prizes on police informers and other collaborators. This is dangerous. We have seen countless cases of innocents killed in staged encounters just for the sake of rewards and promotions. Implementation of this clause is feared to mean more Pathribals and Machils.

Apart from mentioning of the arrest of a senior public figure of a community in case of non-rendering of services to police in a disturbed area, the bill has included many other provisions which, if implemented in its present form, can sabotage the already beleaguered peace process in Valley.

Boom in private money lending

Private financing has come of age in the Valley and private financers are thriving like never before. If customers want a certain amount from private money lenders, all that is needed is a reference from a respected local person. In rural as well as urban Kashmir private money lending is becoming more popular than any finance scheme provided by the banks.

Nazir Ahmad (name changed) sits in a small room. The walls of the room are decorated with wall hangings.

There is a bookshelf filled with all kinds of books. Nazir is a property dealer and a ‘leading money lender’ in south Kashmir.  He says at present he has an amount of around Rs 20 Lakh out in the market. “Most of the people don’t have time to apply for loan in banks because it’s a hectic process,” says Nazir. “I have my recruits who bring customers and gets commission,” he says. In the past four months Nazir has given loan to 11 customers.Nazir sees logic in everything he does. He opens his small dairy and explains that his scheme of financing is better than any scheme offered by the banks. “I provide my customers every possible help,” he says. “If my customer will apply for a loan in any bank, he has to minimum wait for one month and has to keep mortgage but the loan I give is instant and without any mortgage ,” explains Nazir. “But I only charge them 7 percent in which two percent is for mediators and five percent is for me,” says Nazir.

Private financing is not new to Kashmir. There’s a history of private financing in Kashmir. “Earlier the private financing was confined among Hindus only. It was a sort of trade in their religion,” says prominent poet and historian, Zareef Ahmad Zareef. “One such big name was Ram Soodhur who was a private financer. He used to reside in Aalkadal of downtown area. During the regime of Maharaja Pratab Singh, he had 950 houses in Sher-e-Khas only because he used to occupy houses after people would miss the installment of his finance,” says Zareef.Zareef Ahmad says Pratab Singh later canceled Ram’s registration as he felt insecure.

“He thought he might lose his power because Soodhur was growing bigger and stronger,” says Zareef.  He says among Muslims, when the Afghan rule started in Kashmir, there used to be some Muslims who would lend money on profit basis. “But it used to happen behind the curtains. Same way it is going on now,” says Zareef.There are some money lenders who have their own logic behind lending money. One of such name is Ali Mohammad (name changed), a shopkeeper who hails from south city. He does not believe in depositing money in the bank. He finds private finance more profitable than any other business. “The revenue which I am generating trough lending money is bigger than the interest I will get from the bank,” he says.Ali Mohammad says he has enough executives to attract more customers. “Anyone can bring the customer and can get the commission, but the condition is that both the parties (mediator as well as the customer) should be known to me,” he says.Mohammad has been in the lending business for the past two years and he is happy with whatever he has earned. He has his own principles. “If I lend money to any poor person, I will not ask for interest. I only take the amount which I had given to him,” he says.

Earlier bank policies were the only primary source to get loans on mortgage basis. According to bank experts this method of money lending might be unfair, but it is not something new. Besides, money lenders are providing less interest and more security. The customers also find private money lending service more comfortable than any bank. “Last time when I applied in J&K bank for loan, I had to give at least Rs 4000 as bribe to clerks to push for my case,” says Ishfaq Ahmad. “But I don’t have to pay bribe to a private money lenders,” he says.

One Among The Rare Breed

It wasn’t a doll or teddy bear but a cricket bat and ball that would attract Safia in her childhood. This attraction soon became a passion which saw her train under watchful eyes of her brother in her backyard before going on to represent the state in various national tournaments. Junaid Rather reports about one of the rare success stories in women cricket of the Valley.It wasn’t an ideal situation for women folk in the state-Kashmir in specific-to make a career in sports. From societal taboos to religious bindings, the participation of women in sports was limited. Of late, the trend is witnessing a change. In last couple of years, the situation has become friendly for the women to try their luck in the field of sports. Defeating all the existing barriers, women are seen toiling hard in playgrounds to harness all the facilities provided to them; to bolster translating their dreams into performance. One such name is Safia Ashraf.

Safia, 26, has made her name in cricket by becoming first women from Kashmir to play at national. Hailing from north Kashmir’s Baramullah, Safia started playing cricket, otherwise considered to be a men oriented sport in the valley, in her backyard before graduating to nationals through various ranks.  “My cricketing career started from my home, then to gully cricket, to school and after that at national level,” says Safia. Unlike most of kids-girls especially- wasn’t attracted to dolls but to a cricket bat. Safia recalls, “Cricket has always been my passion. I always felt that neither I nor dolls were made for me. After school, the only thing I would do was to take my bat and go to Eidgah, a local ground where I had played my entire childhood cricket, “

When Safia took up the game, and she didn’t get the facilities that are available these days. Safia gives an idea how women cricket has changed over the years. “Women cricket was taken over by the BCCI only some 4-5 years back, now you have all the comfort good accommodation, convenient travelling everything at your disposal I am playing from the time when there used to be dormitory for sleeping, travelling by bus or in sleeper class boogies of trains, but my enthusiasm never made me worried about these thing. It was all about cricket.” Her being born in rural Kashmir- where there is no encouragement for the women to make a career in the sports-didn’t hamper her surge. “In a state like J&K,-particularly in Kashmir -for a girl it is really hard to give wings to your sports career but I never paid any heed to what people used to say. I always felt that I have a talent and I don’t need to be shy of anybody,” she says.Safia didn’t have to search that far for an inspiration. Her brother Mudasir Chalko-an ex-cricketer himself-educated her about the niceties of the game.From griping a bat or holding a ball, it was Mudasir who taught her everything. She remembers that when she used to cheer-up from the audience for her brother when he used to play. “I always accompanied my brother when he had a cricket match just to watch him play and cheer him up. He has been my all time inspiration,” she says.

Safia, alumni of ST. Joseph Higher Secondary, Baramullah, did her post graduation in Finance from University of Kashmir before joining Jammu and Kashmir Bank Ltd. It didn’t slacken her passion for the game, though. “Since I did my Masters in Finance so I could not find any better option than working in a bank. My passion for the game is as intense as it was in my teenage. I have given my blood and sweat to cricket. I would always love to contribute to it in whatever way I can.”

Having an A-level cricket coaching course from the BCCI run National Cricket Academy or NCA, Bangalore, Safia doesn’t mind passing on the trade to young Turks. “Whenever my services are required for the betterment of cricket, I will readily do come forward,” says Safia who is currently part of the selection panel for the U-19 girls cricket team.Her playing days would include at least 35 matches at different levels. A good show with the bat for the J&K team won her a place in North Zone cricket team.  “We had a match against Punjab. I was the only player who scored much; my good performance fetched me a place in the North-Zone cricket team, which only few girls from Jammu and Kashmir have achieved so far,” Belonging to a family with a cricketing background did help her realize dreams. Her father and brother having played the game themselves proved to be a real boost. “If you want to do something, you can’t do it without the prayers and support of your family. I was immensely supported by all the members of my family,” says Safia.