The state government had notified Sunday and Wednesday for movement of security forces' convoys along the national highway between Baramulla and Jammu, saying that no civilian vehicle will be allowed to move on these two days from 4 am to 5 pm.
Issue
Context
The state government had notified Sunday and Wednesday for movement of security forces' convoys along the national highway between Baramulla and Jammu, saying that no civilian vehicle will be allowed to move on these two days from 4 am to 5 pm.
About:
The biweekly closure of the 270-km Baramulla-Srinagar-Udhampur national highway for troop movement, threw life out of gear both in Kashmir and Jammu regions. Aforementioned order was taken to facilitate movement of security forces for the LokSabha election duty. It will remain effective till May 31.
Commuters on the 161-km stretch in Kashmir, which interconnects different districts and serves as a lifeline for the landlocked Valley, had a harrowing time as civilian vehicles remained off road.
Emergency vehicles and tourists were exempted and the government deputed magistrates to ensure that those in need did not get stuck.
Analysis
A number of politicians and lawyers filed a petition against the J&K government's decision to restrict civilian traffic on the highway.
Hearing Petitions Against Kashmir Highway Lockdown, The Jammu and Kashmir High Court observed that the Ban Can't Be 'Absolute'.
Is the order infringing upon rights?
Government explained that the total time for which traffic will not be allowed on the highway during a week was 26 hours out of total 168 hours – 15% of the total time.
However, the order is snatching precious time of a laborer to earn, a student to study and an employee to work. Who will compensate this irreparable loss?
In its observations, the division bench of Jammu and Kashmir High Court directed the state authorities to safeguard the rights of common people, observing that a commoner travelling for livelihood or for a medical emergency, or for study or some other genuine reason, has to be given free passage.
Facing criticism for closing down the national highway connecting Jammu with Srinagar, the Union Home Ministry took refuge in statistics to claim the ban was for only 15 per cent of total weekly hours.
Freedom of movement is guaranteed by the Constitution, so it is inexplicable why the Supreme Court has not yet taken note of these restrictions imposed on a section of the country’s citizens, in blatant violation of this fundamental right under Article 19.
Why is the ban necessary?
Although, the decision ofbiweekly closure was taken in the backdrop of the Pulwama terror attack but is clearly unnecessary, as visible in how it unfolded on the ground.
During the 13-hour closure from 4 am to 5 pm, under 50 security vehicles passed through the 270 km while the movement of tens of thousands of civilians was affected, but on Monday, fully fledged security convoys apparently had no problem sharing the road with civilian vehicles.
Was there a similar arrangement that existed before?
Yes, the regulations for movement of civilian traffic were already in place during convoy movement.
The current regulations have been imposed "just" for a total 15 days keeping in view the convoy efficiency and security of the personnel.
What stand has the army taken?
The Army has stated that it is not going to follow the order of the state government as it will continue to run its convoys as per the need.
Why the ban is creating polarity?
The highway passes through five of the 10 districts of the Valley, and highways to at least two more districts branch out from it. The highway, directly and indirectly, impacts a population of over 69 lakh.
While the highway would be closed on these two days, civilian traffic already faces restrictions through the week. Whenever security forces’ vehicles are using the highway, civilian traffic is often halted for various lengths of time.
This is the first time, however, that the government has ordered daylong closures every week.
In three decades of militancy, even during the early 1990s when militants often targeted convoys with IEDs and car bombs, the highway had been kept open for movement of civilian traffic.
What impact will the ban have?
Was there another tactical way out?
Why is the situation difficult in the Valley?
Why existing railway route wasn't explored
Learning Aid
Practice Question:
The nearly 270-km highway, the only all-weather road linking Kashmir with rest of the country, has been closed for civilian traffic twice a week from 4 am to 5 pm to facilitate smooth movement of security convoys. Critically evaluate legality of the order and explore opportunities if there is any to prevent such drastic measures.
Verifying, please be patient.