J&K had its special protection based land laws revoked and changed recently, as per which an Indian resident (from anywhere in India) is now eligible to purchase or sell land in the Union Territory. Government of India has amended the land laws and revoked the special status protection laws, which the permanent residents of J&K enjoyed earlier. However, as an important rider, these amended laws are only restricted to J&K and are not applicable in Ladakh.

As per the reformed laws, outsiders are now allowed to buy and sell agricultural and urban lands in J&K, permit the industrial set up for development, can allow contract farming on the agricultural lands, and insulate their ‘zones’ as per the development plan. This was not possible earlier, since the ownership remained in the hands of the permanent residents only. In addition to this, non-agricultural workers do not have any area restrictions when it comes to buying the land and cultivating it. No land area restriction is imposed on setting up a resident or a local shop in J&K as it is there in Himachal Pradesh and other hilly areas in India.

Government occupied land for industrial and commercial uses can now be sold to anyone, as compared to the earlier scenario when only permanent residents were allowed to purchase such land.

Omar Abdullah, the Vice President of the National Conference gave a statement on this decision taken by the Centre, “J&K has been put up for sale and left bereft of any basic protections. The amendments add to the fear of demographic changes. They want to alter the character of this place.”

People’s Alliance for the Gupkar Declaration – an alliance of the major political parties of J&K such as the National Conference, People’s Conference, CPM, PDP, and CPI called this move by the Union government as a “huge betrayal”. They described this decision by the center as an assault on the basic rights of all the J&K residents.

However, not all of the protection acts have been lifted, as the government has only reformed these acts with certain modifications. As per Section 133 H of the Agrarian Reforms Act, the sale of agricultural land cannot be made to a non-agriculturist. Although, this can happen under certain circumstances, where the land can be given to “a Company or a Corporation or a Board established by or under a statute and owned and controlled by the Government or a Government Company as defined in the Companies Act, 2013.”

The major land laws and acts that have been revoked are – The Jammu and Kashmir Alienation of Land Act, Samvat 1995, The Jammu and Kashmir Big Landed Estates Abolition Act, Samvat 2007, the Jammu and Kashmir Common Lands (Regulation) Act, 1956, and The Jammu and Kashmir Consolidation of Holding Act, 1962.

The author is a student member of Amity Centre of Happiness.