Reported by
Legal Review by
Edited by
Updated by
Published on
February 17, 2022
May 17, 2022
Edited on
February 17, 2022
Tosa Maidan in Budgam district is a picturesque meadow overlooking the Pir Panjal mountains. In 1965, the then Jammu and Kashmir government had leased a portion of the meadow -- 11,200 hectares -- to the Indian Army for practising artillery firing. Every year since then, the Army, between April and November, would fire artillery shells across Budgam towards Tosa Maidan. This proved fatal as many times, the shells would land outside the firing zone, leading to casualties. Deaths and injuries have also been caused when shepherds, farmers, cattle or playing children have accidentally stepped on shells and other explosive material. Besides the Army, the Border Security Force, Air Force and other security agencies used the firing range for practice as well.
The lease of the firing range ended in April 2014. But the government did not renew the lease following massive protests by residents and opposition from political parties. Shell explosions in the area have reportedly killed 65 people and injured about 270 till date. The families of the deceased as well as farmers who have lost their livelihood have been demanding compensation, which the government has reportedly not paid so far.
Tosa Maidan Bachav Front (TBF), a non-profit, has been fighting for compensation to the affected families. TBF Chief Patron Shaikh Ghulam Rasool told LCW that innocent people have lost their lives due to the firing practice of the Army. In addition, thousands of cattle, including sheep, cows, goats and horses, were also killed when they accidentally stepped on shells and other explosives while grazing, affecting the livelihood of hundreds of farmers.
“We have filed a public interest litigation seeking compensation for the families of the deceased and injured persons as well as for farmers who lost their livestock,” Rasool told LCW. He estimates 50,000-60,000 people from 63 villages in Budgam to have been affected by artillery firing.
Following the petition, the Jammu and Kashmir high court in 2017 asked the government to investigate the matter and provide compensation to those injured or killed due to artillery and other military exercises in Tosa Maidan.
On September 8, 2021, the high court issued a notice to the Union and J&K governments in a litigation seeking compensation for the victims’ families. "The government reportedly fixed a compensation of INR 2.50 lakh in case of death, INR 2 lakh in case of complete disability and INR 1.5 lakh in case of partial disability. But till now the victims have not received a single penny,” Rasool said. “We are demanding INR 20 lakh compensation for the dead, INR 10 lakh for complete disability and INR 5 lakh for partial disability. Compensation for those who lost their crops and cattle should be assessed and fixed jointly by the revenue, agriculture and animal and sheep husbandry departments of the government. The impact of the firing range on the environment, wildlife, forests, water resources and flora and fauna should be assessed and compensation fixed by the School for Rural Development and Environment and the forest department,” he added.
After 2014, the J&K government attempted to clear the area of explosives and formed the Tourism Development Authority (TDA) Tosa Maidan in a bid to promote the meadow as a tourism spot. On December 1, 2021, a day-long Tosa Maidan festival was held at Sitaharan in Budgam, jointly organised by the district administration, tourism department and the TDA. The event reportedly attracted a large number of people, locals and tourists alike. "The district administration shall take all necessary steps to develop infrastructure and promote and explore Tosa Maidan as a new tourist destination, which will eventually help to boost the local economy," Budgam Deputy Commissioner Shahbaz Ahmed Mirza told the media during the event.
Although the victims' families have welcomed the government’s initiative, they are firm on their demand for compensation. Rasool, meanwhile, argues that the area is still ‘unsafe for tourists without a local guide’. “Cleaning the entire meadow of pieces of shells and other explosives is not possible without high-tech machinery,” he told LCW.
Demand for promised compensation
Opposition to leasing of the land to the army
Rural
Common
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Delay in compensation
Incorrect estimation of compensation
Non-payment of compensation/promised compensation
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Jammu & Kashmir and Ladakh (Srinagar Bench)
Case Number
WP (C) PIL no. 21/2020
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Killing
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Shell explosions in the area have reportedly killed 65 people and injured about 270 till date
Date of Violation
Location of Violation
Tosa Maidan
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
Development of a network or collective
Protests/marches
Government Departments Involved in the Conflict:
Forest department, Indian Army
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Tosa Maidan Bachav Front
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Members of Tosa Maidan Bachav Front protest at Pratap Park, Srinagar, demanding compensation
Image Credit:
Tosa Maidan Bachav Front
Disabled victims of Tosa Maidan firing range demand compensation
Image Credit:
Tosa Maidan Bachav Front
© 2023 Nut Graph LLP
All Rights Reserved.
