Indian Central Government
SUMMARY
November 23, 2023

By fiat, this order eliminated historic protections that safeguarded the land rights of indigenous people and were the product of popular, historic land reforms to protect the rights of dispossessed, marginalized and discriminated-against people.  This facilitates forced demographic change and settler colonial activity while furthering the colonial domination, dispossession, disempowerment and marginalization of the territory’s indigenous people.  It is a major violation of international humanitarian law, human rights, indigenous rights, treaty obligations and constitutional guarantees.

Topics: changing the laws in force in occupied territory, international humanitarian law violation, no consent of governed, violation of economic rights, violation of cultural rights, violation of social rights, demographic change, settler colonialism, land expropriation, forced demographic change, colonial domination, dispossession, disempowerment, marginalization, right to education, right to work, indigenous rights

ARTICLE PREVIEW

By fiat, the Government of India issued a broad order that, among other things:

  • Repealed a number of historic laws, including: the Jammu and Kashmir Alienation of Land Act (1938), the Jammu and Kashmir Big Landed Estates Abolition Act (1950), the Jammu and Kashmir Common Lands (Regulation) Act (1956), the Jammu and Kashmir Consolidation of Holdings Act (1962), the Jammu and Kashmir Land Improvement Schemes Act (1972), the Jammu and Kashmir Prevention of Fragmentation of Agricultural Holdings Act (1960), the Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act (1975), the Jammu and Kashmir Right of Prior Purchase, Act (1936), the Jammu and Kashmir Tenancy (Stay of Ejectment Proceedings) Act (1966), the Jammu and Kashmir Utilization of Lands Act (1953)
  • Amended a number of historic laws, including: the Jammu and Kashmir Agrarian Reforms Act (1976), the Jammu and Kashmir Development Act (1970), the Jammu and Kashmir Land Grants Act (1960), the Jammu and Kashmir Land Revenue Act (1939), the Jammu and Kashmir State Evacuees’ (Administration of Property) Act (1949)

Some of the more consequential changes pursuant to this order include the following:

  • Repeal of Section 26 of the Jammu and Kashmir Agrarian Reforms Act (1976).  This facilitates expropriation of land and the dispossession of indgenous people without any legal remedy or consequence. This legalizes the dispossession of people whose land claims are no longer recognized by the government, obligating them to abandon possession of grazing lands or provide the state with alternate land.  The penalty for failing to comply is state seizure of land.
  • Abolition of the Jammu and Kashmir Alienation of Land Act (1938).  This eliminated historic protections prohibiting transfer of agricultural land to non-state subjects (essentially, indigenous people).  This facilitates forced demographic change and settler colonial activity while furthering the colonial domination, dispossession, disempowerment and marginalization of the territory’s indigenous people  and undermining the foundations of the local economy and culture.
  • Amendment of the Jammu and Kashmir Land Grants Act (1960) to expand land rights available to non-indigenous people
  • Amendment of the the Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act (1975), eliminating penalties for converting orchards and agricultural land to other uses.  of orchards and re-purposing of agricultural land into orchards or for any other use.  This eliminated historic protections prohibiting that prevented the dispossession of non-state subjects (essentially, indigenous people) and corporate ownership of landholding.  This facilitates forced demographic change and settler colonial activity while furthering the colonial domination, dispossession, disempowerment and marginalization of the territory’s indigenous people  and undermining the foundations of the local economy and culture.
  • Amendment of the Jammu and Kashmir Development (1970).  This eliminated historic protections guaranteeing public housing to only the economically disadvantaged people who were state subjects (essentially, indigenous people).  In addition, this eliminated protections ensuring that agricultural land remained agricultural and ensured that such land was owned by state subjects (essentially, indigenous people.  This amendment also legalized the Indian military’s taking of land at its discretion simply by designating a “Strategic Area” and established a new state-controlled entity, the Jammu and Kashmir Industrial Development Corporation, with broad powers to take land and transfer land rights at its discretion.  This facilitates forced demographic change and settler colonial activity while furthering the colonial domination, dispossession, disempowerment and marginalization of the territory’s indigenous people  and undermining the foundations of the local economy and culture.
Link to Original Article

October 2020

Originally published

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