Interim Report
of the Fourth Phase
J&K State Assembly
elections - 8th October 2002
J&K Coalition of Civil
Society
As members of the Independent
Observers Group, organized by the civil society coalition, we were to
observe the conduct of the elections for the J&K State Legislative
Assembly. The group's terms of reference were: -
1. Use of coercion (either
to participate or abstain from elections)
2. Interaction with electorate
to find out why they participated or abstained
In this endeavour we formed
joint teams comprising of people from Jammu and Kashmir and different
parts of India for four major regions of the Doda district. The chosen
constituencies included Banihal, Doda, Baderwah and Kishtwar. While
our final report with complete documentary evidence would be made available
at the earliest, we are releasing an Interim Report of the Fourth Phase.
There are some basic facts
about Doda, which leads to the 'hyper-sensitivity' of the district of
Doda and an analysis of the same is very necessary to understand the
context in which elections took place in the district. Doda unlike the
Kashmir valley is a highly mountainous region. Ninety percent of the
population lives in the rural areas. Approximately, one lakh military
and Para military forces, including Rashtriya Riffles, Central Reserve
Police Force (CRPF), Jammu and Kashmir Light Infantry (JKLI), Border
Security Forces (BSF). Moreover 20,000 state police force have been
deployed in the district. This is in addition to the approximately 10,000
Village Defence Committees (VDC) / Special Police Officers (SPO's),
which exist in 31 Pathwar Halkas. Every Village Committee has merely
8 persons recruited. The voluminous presence of militant groups in the
district too is reported to be higher than in either Jammu region or
Kashmir valley.
The elections took place
in the midst of high security arrangements. But the threat of some attacks
was evident in the region on the eve of the elections. Hence in many
areas the fear of either of the gun was very evident and in many interior/rural
areas of the district, the stronger gun became the deciding factor.
In an interesting contrast
to the elections in the Kashmir valley, where urban voters generally
boycotted the elections and rural population participate to vote due
to several reasons, many areas of Doda witnessed the urban populace
willingly and actively participating in the elections and rural areas
not showing up for voting - except in areas where the security forces
allegedly forced them to.
Banihal Constituency - The
team visited far-flung areas of the Banihal constituency, situated in
Doda district. Unlike in many other areas of Doda particularly the towns
where coercion was not visible, it was used as a policy to defeat the
boycott by the people in Banihal, the better exception being the town
areas.
Ashar, Banihal - The team
reached the area at 10:50 am, after receiving information about army
coercion in the area. The team was told that R.R personnel had visited
the area in the morning hours to compel people to cast their votes.
On reaching the village, the team saw 17 RR personnel deployed in the
area inside the residential locality, walking along with voters of the
village towards the polling booth. On seeing the team, the army personnel
started moving off and disappearing from the vicinity. But the team
did manage to follow one such jawan who tried to hide himself inside
a rice husker. An argument about the army herding people to the polling
station was made with the soldier who was very furious with the members.
Later after visiting the
polling booths in nearby areas, the reason for the army's involvement
was clearer. There were 4 votes cast in polling booth No. 5 out of 527
at 11:20 am and at Booth No. 6, the votes cast was 22 out of the 613
total.
Duligam, Banihal - Around
30 people, who were seen sitting on the road guarded by two army persons
(opposite the polling booth at a lower plain), complained to the team
in their presence that they were being herded there by the army team,
who had left them at the road, and had gone to collect the remaining
villagers. These people had resisted to vote until the whole village
was not brought to the place were they were seated. The people were
open in their resolve to support only a "referendum" and not
any elections for the administrative purpose.
In the meantime, many other
villagers were brought to the area by army personnel. Children and the
old were seen together with this crowd, which featured even the semi-blind
Imam of the local mosque - aged 85.When on enquiring from the R.R. regarding
the alleged coercion, the RR personnel retorted by refuting the allegations
made by the villagers. They also send a word of caution to the Commanding
Officer of the area regarding the teams' visit, which later stopped
the team on their way back and insisted the team members to accompany
him to verify the allegations.
The need for this kind of
coercion can be understood from the fact that at 1:15 pm, there were
no votes cast in the nearby poling station (polling booth No. 12), where
there were 1253 voters as per the rolls.
Doda constituency - The elections
started with the attack of militant groups on the polling booth No.
4 situated inside the Town Hall at Doda in the heart of the town. Three
people were killed in the attack including two CRPF soldiers and a militant.
It was generally perceived as an attempt to make sure a lesser voter
turnout in the city areas of Doda and need to be understood as a mode
of coercion. This pattern was seen again in two other polling booths
of Babore and Hanch were there were grenade attacks (without casualities)
were reported by the people.
There were many reasons cited
by those participated in the elections, including the anti-trifurcation
wave, which was present throughout among the minority and majority voters
from the areas visited by the team. Local issues as well as the family
affiliations to the local candidates too were cited. In the otherwise
secular and communally friendly areas of Doda, political competition
between the two communities was evident, leading to large voter turnout.
Roti Padarnah, Doda - Leaving
beside the city polling booths where voter turnout was willing and active,
the interior areas of Doda did bear the grunt of the armed forces' might
and thus coercion. This village situated almost five kilometers away
from any main road (the polling booth No. 28 was on a hill-top needing
three kilometers of trekking) had 13 people casting their votes till
12:30 p.m. and in the next two hours the numbers had gone up to 283
out of the 928 total voters- with many more awaiting their chance. On
talking to the people, the team was made to understand that the CRPF
force, which had the security charge of the area during the elections,
had gone to the nearby villages (Roti padarnah, Taishal, Chapna, Shirshi,
etc) and had herded people to the polling booth. The illiterate villagers
did not even know the candidates or their symbols to cast their vote.
Those who gave the team narrative evidence of the coercion included
the Presiding officer from Jammu as well.
Posta, Doda constituency
- In Posta village, the CRPF personnel went into the village at around
12:45 pm and gathered people, including those working in the fields
and forced them to go to the polling booth (almost 3.5 km up from the
village). The villagers later told the team that they did not want to
cast their votes as elections were no solution to their issues. They
also added that in normal circumstances, there was no security provided
to them by any of the security forces and that there was a ban imposed
by militant groups on voting.
Babore, Doda constituency
- In this urban polling booth (PB No.26), people were participating
in large numbers and by 11:55 am, there were 250 votes cast out of the
864 total number of voters. But minors' voting (the team spoke to one
of the minor voters - a girl of fourteen) and the presiding officer's
enthusiasm to lead people (especially illiterate women voters) by their
fingers to press the button of the voting machine did put shadow over
the fairness aspect of the election. Photographs available with the
team can very well illustrate how women were made to press the same
button in as many as 20 consecutive cases. The presiding officer was
from the Rajouri district.
Baderwah constituency - In
Baderwah there was willful participation of the voters, in urban areas.
The team visited Banzla 8 km from Baderwah, starting polling booth number
44. Baderwah constituency has 107 polling stations out of which 17 polling
booths were located in towns and 90 in remote areas. Amongst 107 polling
booths 55 were described as hypersensitive and 52 sensitive by the Election
Commission. The team visited the polling booths no 34 at Baderwah Degree
College, Govt. Girls Schools Sartingal (PB. no. 44), Govt. Girls Schools
Masjid Mohalla (booth no 40), Thara Mohalla (booth no 36) Havelli (PB.
no 39), Town Hall (PB. no. 38), Qilla Mohal, Ydrana and Shiva (PB. no
58). The people from both the communities were participated in elections
with enthusiasm and without any coercion. The members of the majority
community stated that they were voting for developmental and civic issues
and they are conscious it is no solution to the Kashmir issue.
The members of Majority
community apprehended fears about the outcome if only the minority community
was to participate in the elections. The competition between the two
communities for voting and to elect their respective representative
was visible. However, at two places in Baderwah at Mathala Baderwah
where one person was killed people abstain from voting. At Marmat where
security forces had reportedly burnt 120 houses on 20th of August and
a section of people had migrated, they were threatened to vote or face
consequences. The team also came across allegations of rigging due to
non-participation of the considerable number of people, who have boycotted
the polls. One family claimed that they have 500 votes in their clan
and alleged that though all of them abstained from voting, their votes
were polled.
As stated earlier, the incidents
we are quoting in the Interim Reports are only sample ones among the
many similar instances the CCS teams have come across. In this phase,
due to the geographic range of the Doda district, our teams were able
to visit only four out of the six constituencies, which went to polls
on the 8th of October 2002. We couldn't cover the Lolab constituency
of Kupwara District were postponed elections were taking place along
with the rest of the fourth phase.
On Behalf of the Civil Society
Coalition,
Adv. Mir Hafizullah
(Gen.Secy, J&K CCS)
Phone: (0194)-456381
Vijayan MJ
(Convener, CSI- India)
Ph: (011) - 6561743 / 651484