The State Government’s failure to empower Panchayats has led to an atmosphere of uncertainty among the elected members, Sarpanchs and Panchs, over the fate of the institutions. Dr Raja Muzaffar Bhat explains the need for making the Panchayat Raj a success to give flip to governance in J&K and infuse accountability in the system.
|| DR. RAJA MUZAFFAR
The State Government’s failure to empower Panchayats has led to an atmosphere of uncertainty among the elected members, Sarpanchs and Panchs, over the fate of the institutions. Dr Raja Muzaffar Bhat explains the need for making the Panchayat Raj a success to give flip to governance in J&K and infuse accountability in the system. The debate on empowerment of Panchayati Raj institutions in J&K has begun yet again. This time an MLA has come in support of members of village Panchayats. In past MLAs hardly discussed strengthening of these institutions, as most of them, both from ruling and opposition “ganged up” against empowering members of village Panchayats. PDP’s MLA from Wachi Aijaz Ahmad Mir who was earlier an elected Sarpanch from his village Zainaporain in Shopian district was all furious against the previous Government during proceedings of the ongoing Assembly here. Mir said the then Government led by Omar Abdullah failed to empower the grass root democratic institutions in Jammu & Kashmir.
The Sarpanch turned legislator narrated in the House how the previous Government “disempowered” Panchayats Raj system, simultaneously cautioning his own Government not to repeat the mistake. According to MLA the day Panchs and Sarpanchs were elected, a silent tussle started between MLAs and Panchayat members over decision making at village level. Mir said previously MLAs used to recommend people for entitlements under rural housing scheme like Indira Awas Yojana (IAY) etc but now the Panchayat members were assigned the job. Mir was participating in the discussion on demand of grants for Rural Development Department. He added that empowerment of the Panchayats became “such a huge concern” for the MLAs that a deputation of 35 MLAs called on then Chief Minister, Omar Abdullah and build a pressure on him for not delegating more powers to these grass roots institutions. “MLAs were apprehensive if Panchayat Raj Institutions were given powers what would be the legislators left with. The MLAs realized that they were getting disempowered” said Aijaz Ahmad Mir during the assembly discussion. Asking the Government to define the powers of Panchayats and legislators Mir cautioned the Government not to repeat the “mistakes of disempowering Panchayats”.
Around a month back I had a detailed discussion with an elected Sarpanch from Tangmarg. While I asked him about his preparations for the upcoming Panchayat elections, the Sarpanch became furious. This elected village representative has made his mind not to contest the election once again. He feels completely disempowered as Government didn’t implement the Panchayati Raj Act of 1989 in letter and spirit. This is not the case with this Sarpanch only, but majority of Sarpanchs elected during last Panchayat election which was held in 2011 have same story to tell. According Section 12 of J&K Panchayati Raj Act 1989 the Halqa Panchayat is supposed to perform range of functions including preparation of plans for the development of the Halqa (village panchayat), undertaking measures for implementation of the developmental plans, dealing with the problems of soil conservation, water management, social forestry, rural industrialization, agriculture, sheep and animal husbandry, sanitation, health and other welfare programmes, regulations of buildings, shops and entertainment houses and checking of offensive or dangerous trades, construction and maintenance of slaughter houses, regulation of sale and preservation of meat and processing of skins and hides, regulation of sale and preservation of fish, vegetables and other perishable articles and food, regulation of fairs and festivals, preparation and implementation of special developmental plans for alleviating poverty and employment generation through and besides programme, like Integrated Rural Development Programme, National Rural EmploymentProgramme, Rural Employment Guarantee Programme (MG- NREGA) and Housing of Scheduled Castes, Backward Classes and homeless people (IAY).
When implementation of these sub sections of J&K Panchayati Raj Act is analyzed, except the works being executed under MG-NREGA, the Panchayats have no role to play vis-a-vis Forest conservation, health, sanitation, and other issues. Judicial panel not constituted: I had a discussion with Shafiq Mir a known Panchayati Raj crusader in J&K. He too seems to be fed up with the state of affairs visa- vis Panchayati Raj in J&K . Shafiq who has been raising his voice for implementation of 73rd amendment of Panchayati Raj in J&K, says that Government even failed to implement J&K Panchayati Raj Act 1989 in real spirit. “As per provisions of J&K Panchayati Raj Act Adalti Board (Judicial panel) was supposed to be constituted in each village Panchayat.
The members of Panchayat body had to recommend some names of respectable people from the village who would constitute this Adalti Board. The village Panchayats forwarded these names more than 3 years back to their respective Block Development Officers (BDO’s), who further send them to Rural Development Directorates in Kashmir and Jammu. But till date the said boards are yet to be constituted” Mir added Pertinent to mention that village Adalti Board has a legal status under J&K Panchayati Raj Act 1989. These boards were supposed to hear cases related to local village disputes etc. The main objective of setting up of these boards was to prevent people from going to police stations, courts and other places for grievance redress.
Feedback: [email protected]
