Qaisar Bhat
Article 35A is a constitutional provision that defines special privilegeenjoyed by the permanent residents of Jammu and Kashmir, in matters related to the acquisition of immovable property, employment, settlement and scholarship
this Article was extended to the J&k through an Amendment on may 14, 1954.
the state subjects in this Article have a history in Dogras rule to mention.In1920
an agitation was launched by then kashmiripandith’s who feared he demographic
change which ultimately pushed to issue the notification in 1927and1932 defined
the state subjects. The Delhi agreement in1952 also recognised this provision .The burning issue of today that is Article 35A has once again achieved momentum as the public interest litigation (pil)filed by an NGO. The people of J&k whose special status will be affected if abrogation of Article 35A takes place started protests against the abrogation of Article 35A .It will trigger protests and clashes after math of the abrogation of the said Article . On 6th August 2018 the hearing of case was deferred because of some absence of Judicial bench and then the case of hearing was given on 27th of August 2018 that was also deferred . But now the hearing will be coming soon.
The petitioner NGO has pleaded that the Article 35A be declared unconstitutional, it puts in the constitution of India by presidential order and according to them it violates The Article 14 of the Indian constitution, and much more. They thought that it is a presidential order and it can be easily abrogated. But we the citizens has pleaded before the Apex court that Article 35A and Article 370 has been differentiating the non resident Indians who are disallowed from voting getting jobs or buying properties in J&K,but we the citizens have cried for that this Article should not be tinkered because it gives us a special status, some people demanding that the said Article should be wiped out.
From last few months there have been several protests in kashmir valley, kargil and muslim dominated district’s of Jammu, Doda, kishtwar, Rajouri and poonch .once again RSS party interfere with the special right of Jammu and Kashmir but unfortunately we people are still slept we should not put our efforts in a weak manner. We actually don’t imagine the drastic impact of abrogation of Article 35A.we the students of law must conduct debates, occasion, seminars to inform people about the grave impact of abrogation, we should not put our hands behind, we know law very well we have to speak against it’sabrogation , it is our identity we should Unite each other and to defend at all costs. The people of J&k said that there will be no compromise on Article 35A. We are committed to protect it at all costs. It is our identity, if it is removed we will meet the same fate as Israel did to Palestine. It is really very much unfortunate that the people from different religions of Jammu and Kashmir are not United on this issue. The Muslim population of the state who are in majority are ready to fight this legal battle but on the other hand the minority Hindus, Buddhist and some Sikhs who favour and wants to abrogate Article 35A and Article 370 both.
Insha Allah by God’s grace we will win this battle by strictly defeating the enemies, but we must be Unite about this issue, if there is any interfering the people will not tolerate it’s abrogation and will oppose tooth and nail
Conclusion: God forbids if 35A abrogate who will be its victim? First and foremost victim will be Dogras of Jammu and then Buddhists of ladakh. People from punjab and Haryana will prefer to buy land and property in kathua, Samba, Jammu and Udhampur then getting settled in Kashmir. The four main heinous impact of Article 35A are as under;
• Our permanent residence or state subject certificate automatically abolished if abrogation takes place.
•Nobody have a power to buy a piece of land in J&K, Article 35A gave a special right of Jammu and Kashmir and also differentiate J&k for other states.
• If abrogation of Article 35A happen, there will be paucity of jobs, outside take participation of getting jobs in Jammu and Kashmir .people of Jammu and Kashmir have to face problems Because Of Lack Of industries and particularly today’s educated youth will definitely start doing illegal activities and deteriorate there carrier’s .
• And the last but not the least, scholarships which have been given to the students for continuing studies will definitely abolished if abrogation takesplace.
So as a law student, I want to bring it to the notice of people of Jammu and Kashmir that its impacts are very crucial and we must save it as our grandparents protect it for us, finally we can’t tolerate its abrogation.
(The author is a law student at Kashmir University. Views are his own [email protected])
