By Daya Sagar
Article 35A on paper does favour the citizens of India who fall in the category of Permanent resident of J&K. The definition of Permanent Resident of J&K has been drawn by taking leads from the State Subject Law of Maharaja Hari Singh times.
In Maharaja’s times there was scope for accommodating outsiders with special / and special merits as State Subject of class- III and the like. Dr. Farooq Abdullah too has referred to Maharaja Hari Singh for the origin of Permanent Resident of J&K provisions and the special considerations accorded in J&K Constitution to Permanent Residents of J&K in Independent India.
In the Constitution of J&K also scope for betterments / corrections changes was kept in Section-8 and Section- 9 but there use has not been made for making corrections/ relaxations.1947 West Pakistan refugees are possessing and cultivating lands in J&K as allotted in terms of Government of Jammu & Kashmir Notification No.578-C 0/5 1954 of 7.5.1954 ( State Cabinet’s decision No. 9578-C of 1954) for over six decades now but they have not been granted Permanent Resident of J&K Status and hence cannot enter state legislature, cannot join J&K Government service , cannot purchase land in J&K , can study in government professional colleges . Those leaders who are attributing the PR related laws to Maharaja’s times need to reply why WP refugees have not been given status of Permanent Resident like Class-III State subject of Maharaja , which could be done without any reservations.
People outside Valley have never opposed such proposals and it is being alleged that since the WP Refugees are non Kashmiris and residing only in Jammu region they have not been accommodated. Will the “Farooq Abdullah’s United Front” ask the present government to do corrections?
5300 Families of POJK DPs 1947 who are staying in other than J&K states have been disowned by J&K government by an act of legislature and have been excluded from the scope of one time settlement amount that is being given to POJK DPs 1947 under Prime Minister’s development Package 2015. What has been the logic behind this is beyond any logical thinking. Even the State Subjects of Class-I and Class-II have been disowned by State Governments and central government and are treated as valid permanent residents of J&K. The Kashmir Valley leadership is talking of what special provisions for permanent residents of J&K ? Are the POJK DP families discriminated since majority of them are staying outside Kashmir valley and are belonging the faith that the majority of Kashmir valley holds? With Farooq Abdullah’s United front prove that Art35A is truthfully used for the J&K State Subjects of Pre -1947 days?
Over 200 families of SafaiKaramcharies were invited in 1957 by the then Prime Minister of J&K Bakshi Ghulam Mohamed for meeting the needs of Jammu Municipal Committee and they are here since then. They have been permanent resident rights worth only working as safaikaramchari . How painful is it , they are working since more than 60 years for the health and hygiene of “permanent residents of J&K” but their wards can not take to higher studies nor can they chose a better career. Art 35A does not prevent state government / legislature for giving them honorable living and better civic status , why have they not been granted PR status is the question Kashmir valley centric leadership must reply .
Human Rights of women / girl child in J&K are mercilessly violated under the present state subject laws/ rules . A female Permanent Resident of J&K has been stripped of her right to even chose a life partner of her choice. She can not pickup her life partner from Punjab or UP in case he is a non permanent resident of J&K and in case she dares to do so it has to be at the cost of her children and fiancé remaining non permanent residents of J&K for ever . How does Dr. Farooq Abdullah say that in case Art35A goes the identity and rights of permanent residents of J&K will be eroded when with Art35A in place still the Woman in J&K are facing very brutal human rights violation ? How will making a correction in this regard regarding the Permanent Resident Rights of the ‘JK” woman with affect will affect the identity of J&K ? Will Farooq’s “United front” convince the present government / legislature for applying corrections? It is not out of place to mention here that Dr Farooq Abdullah has himself said to Barkha Dutt in a TV interview that he personally is for making a correction in this regard but his ‘people’ do not agree . Will he prevail upon his people ?Otherwise need has come for looking into possible means for making some corrections as regards irrational and unfair discriminatory laws in J&K keeping in view that the local Kashmir centric leadership will not make amends so easily, will they do it now ?
…To be continued
(Daya Sagar is a Sr. Journalist & a social activist can be reached at [email protected])
