By Daya Sagar
A petition regarding Article 35A of Constitution is pending before the Supreme Court and we should wait for the decision as regards the questions raised on the validity of this article.
The controversies and threats as have been aired on July 28 by Chief Minister Mehbooba Mufti while she was in Delhi and on August 7 by Farooq Abdullah in Srinagar are not fair. More particularly such senior leaders in a way throwing challenges to the Apex Court is very disturbing.
Since Art 35A is not included in the main text of Constitution of India those who may like to read its full text, will have to see Appendix-I to Constitution where only it is available with other items included in CO 48 .
Former Chief Minister and Member Parliament Farooq Abdullah has among other things said on August 7, “Aaj Yeh Bahut Jarooritha ke 35A Par Hum Aapasmein Milein Aur Is Pe Baatkarein, Kyon Ke Yeh Galatfehmi Main Aap Logon Se Nikalna Chahtahoon – Logon Se Neekalna Chahtahoon,Yeh Sari Riyasat Ko affect Karnewala Hai, Jammu Kashmir Aur Ladakh, Is Liye Yeh Bahut Jaroori Hai Ki Log Is Ko Samajsakein Ke Ham 35A Ko abrogate Karne Ke Liye Kyon Khilaf Hain.. Is Ko Hatane Ke Kyon Khilaf Hain,Kyonke Yeh Hamari Buniyadi Cheej Ko Hatana Chahte Hain … what is this Article 35A for, protecting the people of state, whether they are from Jammu, Kashmir or Ladakh to prevent others coming in to dilute their culture is Liye Bahut Jaroori Hai Ki we should go to the people and place it before them because they are the masters. The agenda of BJP & RSS is basically to erode the autonomous structure of State and we as a ‘united front’ are going to bring this to the people so that they know the fall out of this. When it will come to ‘that decision’, you will see this mass uprising… do not forget when Amarnath Yatra land agitation happened, overnight, 35A will be a far greater revolt, I wonder whether they will be able to hold. ”
Politicians must wait for the final outcome of the petition before Apex court. But still there is enough that the local leadership and local government can do for mending the inter-regional divides and communal considerations that are taking away the peace and harmony from the lanes of J&K due to such like controversies.
The Kashmir Valley leaders have talked of the common good and identity of the people of J&K belonging to Jammu, Kashmir and Ladakh regions but they must also sense the reasons why the people (“Permanent Residents of J&K”) belonging to Kashmir Valley and other two regions of J&K have in general reacted differently to the questions raised on Art 35A of the constitution of India and petitions made before the High Courts / Supreme Court even when this article gives the Indian citizens who are permanent residents of J&K a privileged status, irrespective of the region to which they belong, as compared to Indian citizens who are not.
Abdullah has called upon people to form a “united front” to tell the good of the provisions contained in Art 35A.
In case the said article has not been more used for only political gamesmanship in Kashmir valley then Farooq Abdullah, Mehbooba Mufti, Saifuddin Soz, PDP leader Hamid Karra should tell people why some very legitimate issues have not been taken care, way outs with J&K Governments and even in the light of advisories from Apex court like the one as made for 1947 West Pakistani Refugees in Bachan Lal Kalgotra vs State Of Jammu & Kashmir and others on February 20, 1987.
Some other rightful people but otherwise treated could be also quoted like, over 200 Safaikaramchari families who were invited from Punjab by J&K Government somewhere in 1957, the violation of the human rights of the woman as far as hereditary permanent residents, 5,300 families of POJK DPs 1947 who are staying in other states, inadequate professional / qualified staff in medical colleges and super specialty hospitals since non- permanent residents cannot join.
To be Continued
(Daya Sagar is a Sr. Journalist and a social activist can be reached at [email protected])
