Introduction
The local governance system, known as the Panchayat Raj System, in Jammu and Kashmir has undergone various stages over time. The commitment to initiate the village Panchayats system can be traced back to the Dogra rule and the “Naya Kashmir” document of the National Conference. Before independence, Kashmir experienced successive despotic and rigid central governance structures. To liberate people from this, the Panchayat Raj emerged as a viable panacea. Consequently, since the nationalist movement began in Kashmir, the idea of a self-local government has consistently featured in political manifestos. However, it took several decades for this idea to materialize in J&K.
A significant development occurred in 2018 when the government initiated elections for the three tiers of the Panchayat Raj. This initiative holds paramount importance in transforming Panchayats into dynamic and formidable agents of rural development. The rural areas have witnessed substantial funds reaching the village level, enabling Panchayats to address vital demands. Consequently, people no longer needed to visit distant offices or elected representatives for minor developments. Instead, officers came to their doorsteps through the “Back to Village” program, and representatives were their co-villagers.
Despite these crucial developments, there is still room at the grassroots level to enhance the efficiency and effectiveness of the Panchayat system. This necessitates additional efforts to make them more village-friendly and truly representative of direct democracy. The system should operate with transparency and accountability, which unfortunately are not currently at their best. Genuine steps are still needed at the grassroots level to address existing loopholes. Persistent issues such as old patterns of dominance, lack of transparency, absence of Gram Sabhas, and rampant corruption continue to prevail in this vital institution.
Background
The initiatives to develop the Panchayat system in J&K were undertaken during the Dogra rule when, in 1935, Maharaja Hari Singh passed the Jammu and Kashmir Village Panchayat Act. Later, in 1936, he established a Rural Development and Panchayat Department with the motive of building a Panchayat system through local representatives. Soon after nationalist leaders made their presence felt in Kashmir politics, the need for the Panchayat system was recognized. The National Conference, in the historical Naya Kashmir manifesto in 1944, drafted a demand for local councils (Panchayats) along with a legislative assembly based on universal equal franchise.
When the Dogra rule ended in J&K, the predecessor government formulated the Village Panchayat Act in 1958, and several village-level and state-level committees were established. Finally, in 1989, the Jammu and Kashmir Legislative Assembly passed the Jammu and Kashmir Panchayat Raj Act. Unfortunately, during this period when the Panchayat Raj was taking root in J&K, militancy erupted. People stayed away from polling booths, and Panchayat elections were not conducted regularly. Furthermore, Panchayat bodies were undermined, and the aspirations of their members were underestimated. They were also targeted by militants, halting the establishment of the Panchayat Raj system.
A landmark development occurred in 2011 when Panchayat elections were carried out, witnessing a massive shift in people’s attitudes as 80% of voters participated in polling. However, Panchayats could not flourish further due to continuous turmoil and street demonstrations. In August 2019, after the central government stripped off the special status of Jammu and Kashmir, the 73rd Constitution Act became applicable to the union territory of J&K. This empowered state and UT administrations to take necessary steps to formalize Panchayats and make them units of self-local governance.
Although the 1989 act of the J&K Legislative Assembly passed a law to set up Panchayats in J&K, the act does not contain the list of powers for the three tiers of Panchayat, as they are exclusively mentioned in the 73rd Amendment. After the constitutional changes and the bifurcation of J&K, the three-tier system of Panchayat Raj came into being for the first time in the history of J&K.
After the election was held for the three-tier Panchayats in J&K, a massive shift has taken place in the governance system. The emergence of new leaders within the villages, blocks, and districts made it possible for people to put forward their demands at the local level with their concerned Block chairpersons, Panches, and Sarpanches. Villagers no longer had to travel long distances to visit concerned MLAs and bureaucrats to meet their demands. Now, they had leaders at their doorsteps for the redressal of their problems.
However, apart from these positive developments, unfortunately, Panchayats, like other governance systems, are also plagued with misgovernance, embezzlement of funds, nepotism, favouritism, and a lobby system at the district level. The system that could have kept a check on it remains absent and unimplemented.
Problems of PRI Institution in J&K
Absence of Gram Sabha: A vital aspect of the Panchayat Raj is the Gram Sabha, making it unique from other forms of democracy. The Gram Sabha is the sole embodiment of direct democracy for the people in the country, as opposed to representative democracies. The Gram Sabha involves all the adult population of the village making collective decisions for the development of the village. However, this unique aspect of the Panchayat remains invisible in J&K. It has been observed that Gram Sabhas are rarely conducted, or only a few white-collar individuals attend them. The interests of a few dominate the interests of the whole population, violating the basic tenets of the Gram Panchayat.
No mechanism is in place to check the functioning of Panchayats. The Gram Sabha plays a significant role in bringing transparency to the Panchayat system by monitoring the execution of works and conducting social audits of all rural development projects. It functions as a watchdog by reviewing all documents related to rural development, such as muster rolls, bills, vouchers, measurement books, copies of sanction orders, and other related papers. However, due to the absence of Gram Sabhas in J&K, the working mechanism of Panchayats remains obscure. This absence opens the door wide for corruption, with no other entity to monitor it.
Illiterate Panchayat Members: Another hurdle facing the Panchayati Raj system in Jammu and Kashmir is the presence of illiterate Panches, Sarpanchs, and BDCs. It is very challenging for an illiterate person to comprehend rural development programs and policies adequately. It has been noticed that illiterate Panchayat members often affix their seals to documents without understanding their contents. Additionally, it has been observed that they find it very challenging to bring forth Panchayat issues before the bureaucratic machinery, as they lack the knowledge of how to communicate effectively with higher authorities.
Lack of Infrastructure: An office is a crucial feature of any functional body, providing a unified space and fostering a sense of collectivism. In J&K, Panchayats lack this essential platform for carrying out their functions with mutual understanding and planning. Nearly every Panchayat in J&K lacks the necessary infrastructure where its members can assemble to make decisions and plan for development. There is no proper Panchayat building in the villages that could construct the working ethics among Panchayat members and create a sense of unity among them.
Due to the absence of any office building, it has been observed that every member is working in their interest, leading to a lack of coordination among Panchayat members. Consequently, there is no discussion related to a particular plan or development.
Misuse of Women’s Reservation in Panchayats: The 73rd Constitutional Amendment Act of 1992 mandates a 33% reservation for women. Unfortunately, in Kashmir, it has been observed that this provision is being misused through the proxy presence of their male relatives, resulting in the misuse of their power. The reservation was intended to empower women, but it has been found that female candidates are often influenced by family members to contest polls, and after winning, most of their powers, either directly or indirectly, are exercised by their male relatives.
Take the example of the DDC Shukhnag constituency, where the seat was reserved for women. After winning the election, the successful candidate remained absent from most meetings, and all functions were performed by her father-in-law.
Lack of Coordination and Revenue Generation: There is weak coordination among Panchayat members and with officials, which poses a significant barrier for Panchs and Sarpanchs in solving the problems of villages. In Kashmir, Panchayats have failed to generate funds and consistently remain dependent on government schemes. The lengthy fund approval system further results in Panchayats being unable to address villagers’ issues on time, rendering them sometimes ineffective.
The failure of officials to act promptly leads to delays in village developmental activities. The slow pace in addressing minor problems makes people indifferent towards Panchayats, and their members have to face the wrath of the public. Similarly, in some instances, the government is only paying lip service to strengthening Panchayats but does not seem sincere. For example, in August 2020, the government decided to grant minor mineral rights to Panchayats; however, two years have passed, and nothing substantial has been done to actualize this grant.
Recommendations
Currently, the village development programs and schemes in J&K are grappling with a lack of transparency, providing a breeding ground for corruption. This menace can be eradicated through increased people’s participation in village development initiatives. The involvement of the people can be augmented through Gram Sabhas. However, it has been observed that Gram Sabhas are being conducted behind closed doors, and a lack of motivation among the people is rendering them unimportant. There is a need to motivate people to actively participate in Gram Sabhas, and the government should rigorously adhere to Gram Sabha plans, ensuring that Gram Sabhas are conducted regularly as per the law.
Panchayat members are facing the wrath of the public. On one side, villagers hardly give an ear to the suggestions of the Panchayat. On the other side, Panchayat members lack the authority to utilize funds during needy times. They can’t even fix leaks in pipelines, damages in culverts, and drains, and address problems with electricity supply on time. Panchayats in J&K don’t have their funds; thus, they always have to wait for the bureaucratic machinery to act. In villages, its members are only seen as “agents of grabbing (Rural Development Department) RDD contracts.” Therefore, it is equally important to create awareness among Panches, Sarpanches, and other members about their roles and responsibilities.
Panchayats should move beyond (Rural Development Department) RDD initiatives and take part in civic works. For instance, clearing snow from lanes, settling local disputes, emphasizing sanitation, and exploring alternatives to solve the problems of villages. This can be made possible by giving powers to Panchayats to divert the funds of MNREGA so they can be utilized in such civic works.
The Panchayats should be provided with proper buildings and staff. In most villages, there is no Panchayat building available. Either they are disputed, occupied by locals, or unconstructed. This situation makes this local institution an unorganized body. An office is paramount for any institution to work collectively and efficiently. It will also create a sense of unity among the Panchayat body, and people can easily register their complaints and suggestions.
The complementary fee for Panchayat members should be given on time, and it should be increased. Sarpanchs are currently being paid 2500, and Panches receive 1000, but it is not enough to cover even their travel expenses. They are consistently engaged in various administrative tasks, and in this process, they spend a considerable amount of money, much more than the complementary fee. As a result, they are forced to explore alternatives to earn money through RDD works, which also diminishes their interest in village development.
Different program platforms should be initiated through media to raise awareness among people about the Panchayat system. Programs can be organized in villages to educate residents about the roles and objectives of PRIs. This approach will help motivate people to actively participate in Panchayat initiatives and encourage more vibrant and progressive individuals to consider contesting elections.
Conclusion
Almost four years have passed since the three-tier Panchayat system commenced its functioning in Jammu and Kashmir after the government conducted elections for vacant seats of Gram Panchayat at the village level, Panchayat Samitis at the block level, and Zila Parishad at the district level. It is a fact that villages have witnessed a lot of development over these years. However, at the same time, it cannot be ignored that Panchayats, as an institution, need to flourish much more, as many questions surround their functioning patterns.
It has been observed that a lack of understanding and coordination among the members of the Panchayat and with officials impedes the process and effectiveness of functioning, raising eyebrows on Panchayats’ adherence to the parameters of the Panchayat Raj Act. In some instances, Panchayats witness the worst utilization of projects with zero transparency, accountability, and women’s participation. The absence of a role for Gram Sabhas in conducting social audits opens the ground for the misuse of funds. Even PRIs are functioning in an unorganized way, with members not working as a unit but pursuing their interests.
Consequently, a race ensues among Panchs and Sarpanchs to grab and facilitate contracts from the Rural Development department. Due to this scenario, mostly people associated with (Rural Development Department) RDD works are contesting Panchayat elections, compromising the larger motives of Panchayats. The institution of Panchayat has played a significant role as an administrative body at the grassroots level in rural India and can play a more efficient role in Kashmir as well. This can be evidenced by the progress of villages since Panchayat Raj started working in Kashmir, particularly after 2018. However, there always remains scope for improvement. Thus, timely measures should be taken to make Panchayats more vibrant and transparent so that people can place their hopes in them.
References
https://scholar.google.com/scholar?as_ylo=2021&q=Panchayats+raj+in+j%26K&hl=en&as_sdt=0,5#d=gs_qabs&t=1650777297360&u=%23p%3Dn7Qwt4JyKocJ
https://www.jammuuniversity.ac.in/sites/default/files/inline-files/Researcher-1.pdf#page=76
Leave a Reply
You must belogged in to post a comment.