Don’t Revoke Article 35 A

Don’t Revoke Article 35 A
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A nagging and burning issue that has captured the imagination of Kashmiris is the putative attempt to abrogate Article 35 A. It may be recalled that the article in contention, among other things, allows Jammu and Kashmir to define permanent residents of the region. The article has legal, social and political connotations besides ideational and identity ones. A certain NGO, which appears to be a stalking horse and a proxy for larger political forces has challenged the validity of Article 35 A and after deferrals, the Supreme Court of India will be hearing the case in a couple of days. It stretches imagination and credulity to even think that the said article is being tinkered with and the Court is hearing the appeal against it. Politically, it is a statement of the fact that Jammu and Kashmir’s autonomy is a pale shadow of what it was. The region’s autonomy was gradually eroded by New Delhi through and by pliant Chief Ministers, usually propped up. But, despite the damage done to Jammu and Kashmir, a blatant potential assault as the abrogation of Article 35 was never carried out till now. The name of the game for powers that be, in terms of abrogating the said article , appears to be a fuller assimilation of Kashmir into the Indian Union and thus undercut the nature of the issue, through am assimilationary dynamic. All this amounts to a dissolution of Kashmir and its various corollaries, political, economic, social and cultural. Broadly speaking, identity, even though falling in the domains of the abstract but intangible forms, is a powerful and compelling theme or even idea, as the drift of the contemporary world suggests. Whatever the real nature of identity, it is a compelling construct that is indelibly associated with the psycho emotional worlds of people. Abrogation of Article 35 A , in this sense, besides its politico legal implications and consequences, appears to be a frontal assault on the identity of the people of Jammu and Kashmir. It is then imperative and incumbent upon the people of the region to resist this encroachment , politico legally. Kashmir and its people have been victims of turbulence of all sorts. The hope is that there is no additional turbulence on account of the ideological predilections of certain political forces who want to impose their ideas and ideational grids on Jammu and Kashmir. Let prudence and reason reign!

One Response to "Don’t Revoke Article 35 A"

  1. SKChadha   August 4, 2018 at 11:02 am

    The Media, Politicians, religio-political leaders and Mughaliya rulers of the Valley for last 70 years made fool of valley peasents, people of Kargil, Leh, Ladhak, Punch, Rajouri, Jammu etc. in the name of Special Status and MUSLIM Majority? If Muslims are in majority, why not to give Minority benefits to Quadiyanis, Buddhist, Christians, Hindus etc.? Why even Ashura Processions are banned at Srinagars main streets? PLEASE STOP FOOLING by such editorials.

    The provisions of Article 370 or 35A are discriminatory, not to the fundamental rights of citizens of India but even to the people living in the State of J&K. They are also against Human Rights under International Laws, about which many dance in J&K on one or the other pretext. Few examples are as under:
    1. Article 35A violates Woman’s basic right if she ‘marry a man of her choice’ in case the man not holding Permanent Resident Certificate (PRC). Her children lose property rights as well as right to have PRC making them illegitimate?
    2. It infringes fundamental rights of workers and settlers living in J&K from generations like ‘Gorkha’ since 1846, Safaikaramchari, SCs & STs etc.
    3. The local politicians of J&K are exploiting poor citizenry. This is by having free hand in J&K’s affairs by discriminately and preferentially issuing PRCs unfairly and against the basic spirit of the Constitution of India?
    4. It is provision of law which is resulting in Nepotism by giving power in the hands of bandit politicians to ride over the rights of commoners?