Will Dr Farooq tell “Why with Art 35A there , still rights of even ST & Woman PRs of J&K were ‘violated’

DAYA SAGAR

Issuing a manifesto at the time of General Elections to legislature is a regular custom but a few common people ( voter citizen) carry the contents of the election promises for test on ground after the governments are installed , particularly w.r.t those who hold the reins of governance. No doubt those out of power keep on using the manifesto promises of those in power to criticize them which is not taken that seriously by common masses till next elections come since non- political social groups/ organizations who are expected to work in an unbiased manner are a rare identity in today’s times.

Even after 7 decades of Indians having lived in a socialist democratic republic still many from all segments could be professing that the benefits of welfare schemes of governments have very less reached the real target beneficiaries of depressed classes of Indian people standing in the last row and instead ‘they’ have been more victims of the political gimmicks. But now the times demand that the voter citizen must take the political manifestos seriously and even ask some questions / clarifications before going to vote and the political party too need to answer.
Election Commission of India has announced ( 16-08-2024) elections to Legislative Assembly of UT of J&K to be held in 3 phases ( 18 September, 25 September and 1st October ). Jammu and Kashmir National Conference ( NC) ,headed by a senior most & elder leader Dr. Farooq Abdullah has been the first to release the manifesto on 19th August for 2024 elections to Legislative Assembly of J&K UT . The manifesto is covered with a letter from party president Dr. Farooq Abdullah that begins with :- “Dear People of Jammu and Kashmir, As I reflect on the long journey we have traveled together, I speak to you today not just as a leader, but as someone who has witnessed the many trials and triumphs of our beloved land. I speak to you with the unwavering conviction that only the people of Jammu and Kashmir, united under the banner of the National Conference, can lead us out of the challenging predicament we find ourselves in today” and ends saying ;- In this manifesto, we have addressed the major issues you face daily. Through these commitments, the Jammu and Kashmir National Conference aims to fulfill the promises we make to you today. While our pride, politics, and status may have been challenged, our resolve remains un broken. I humbly ask you to grant us a strong mandate, so we may continue to serve you and restore what has been lost.”
The NC manifesto has many claims/ promises/ guarantees but to start with let the voter citizen ask a few questions to Dr. Farooq Abdullah to answer. The manifesto guarantee 12 promises and the first is restoration political and legal status.
To start with Manifesto says “We strive to Restore 370-35A, and Statehood as prior to August 5 2019.” Point here is that Statehood was intact on 5th August 2019. Union Government has already said, even before the Supreme Court, that status of State will be granted to UT of J&K at the appropriate time, so it will come, when, could be only asked.
Guarantee says will strive to restore 370 ( Art-370) but does not tell if voted to power in the UT Assembly how will NC Government restore / or get restored the original form to Article -370 which has been modified under Declaration made by the President G.S.R . 562(E) notified under Notification No CO 273 on 06-08-2019. In case NC will keep on simply striving with demand for ‘restoration’ the local atmosphere in J&K will remain disturbed.
Similarly the NC says will strive to restore Art- 35A. The point here is that Art 35A had lost its status with the issue of Presidential order G.S.R .551(E). -The Constitution (Application to Jammu and Kashmir) order, 2019 placed for general information: vide Notification C.O. 272 of 0508-2024. Here too , but in addition to the similar question was asked about Art 370, it could be asked after getting ‘ back’ Art 35A like provisions from Parliament ( if at all it is possible) will the National Conference again give to people of J&K ‘specials’ like stripping the fundamental/ human rights of the Women of J&K like no equal rights in property to her family in J&K ‘State’, like no right to choose her life partner of choice i.e if she marries someone from outside the J&K State her husband & children will not be subjects of State worth buying property in J&K/ worth joining J&K state service / worth joining J&K State run professional colleges . It is not out of place to mention here that although there was no such reference / named provision in Art 35A but since Art 35A protected the State orders/ legislations from a review by Supreme Court in case J&K some made laws favouring some or all Indian citizens named as permanent residents of J&K but violating fundamental rights of other citizens where as in case women the state had made laws even violating fundamental rights of the woman permanent residents of J&K Not only that State was not making corrections even when demands were made for decades & the J&K Constitution had provisions for making changes. Why so ? One may ask were the fundamental rights/ human rights of woman stripped of just to show that J&K had “special status” in the form of Art 35A and ‘they’ could not be questioned for any unfair acts even against the permanent resident of State ? Similarly why had the earlier Governments/ Legislatures in J&K not created the provision for reservations for the ST ( Schedule Tribe) in the Legislature ( Legislative Assembly) when the Art-370 was in the earlier form and Art 35A and J&K Constitution were there. All other Indian states had ST reserved seats in the Legislative Assembly . Was the Schedule Tribe reservations in Legislative Assembly seats not given by earlier government simply to show that J&K had ‘special status’ and government may not do even some good to even the Indian citizens in the category of Permanent Residents of J&K what to talk of other Indian citizens ?
Why was not provision of Art 35A truthfully used even for granting normal rights to permanent resident women and permanent resident schedule tribe Indian citizens in J&K, must be calmly replied by Dr. Farooq Abdullah. Such permanent residents could not even seek remedies from Apex court since Art 35A provided cover to the government / legislature.
In the cap of “Special Status” ( which as was told in a written reply in Parliament on 11-03-2015 was constitutionally never there) many conflicts and myths had been cultivated amongst the common people all these years by those speaking for and also those speaking for stripping such ‘cap’ more to contest political ambitions for power sharing but people have suffered a lot . Let now the people of J&K stay away from conventional myths so that now on wards environment of peace & stability starts emerging. NC talks of peace & stability in manifesto and hope takes lead on ground in this direction truthful introspection.
(The writer is a Sr Journalist and Social Activist)