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Home Opinion Editorial

Challenges of constitutional erosions in Kashmir

K H News Service by K H News Service
September 8, 2017
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The clarifications from BJP over the petitions against article 35 A are though still awaited but the people of disintegrating tendencies propagating divisive politics in Jammu region are sometimes trying make article 35 A Muslims V/S Hindus issue and sometimes an issue of gender discrimination. The article 35 A as understood by naïve people in Jammu & Kashmir is denial of right to any encroachment of public and private property by people from other states of the country. Like Devender Singh Rana of National most of the leaders in BJP and Congress too believe that scrapping article 35 A would be a more severe blow to Dogras’ in Jammu and Bhudists in Ladhak than muslims in Kashmir. The attempts to make article 35 A a gender discrimination issue ahead of the proposed visit of Union Home Minister Rajnath Singh show the ill intents of the people propagating divisive politics in Jammu region just to divide people along regional and religious lines in Jammu & Kashmir state. Not only the PDP and National Conference but also Congress the party responsible for periodical erosion of article 370 of the Indian constitution is opposing the abrogation of article 35 A just for furthering the causes of religious and regional bonding of Jammu & Kashmir state. What matters the most is the protection Article 35A gives to state subject law guaranteeing not only property rights but also the rights to compete for government jobs to only permanent residents of Jammu & Kashmir state and not outsiders. The State Subject Laws which have led to large scale discrimination and illegalities being perpetuated could not be challenged in the court of law being ultra-virus as the same are protected by Article 35A of the Constitution of India. These are the concerns which give sleepless nights to people in all the three regions of the state.

The increasing resentment on petition filed against article 35 A shows that the alienation of people is deepening more due to erosion of the special status guaranteed under article 370 of the Constitution of India and very less due to failures of governing institutions in the state.

The Article 35 A is more hotly debated outside the Court just to seek reassurances from the central government on the special status of the state. This shows that Article 35 A concerns the political aspirations of a vast population of the State. The people of Jammu & Kashmir are keenly watching the response of the central government to the petitions filed against article 35 A just to see that whether BJP presently commanding and controlling the central government keeps its promise of leaving contentious issues untouched in the “agenda of alliance” the party scripted with PDP for government formation in the state. The response of the central government on petitions against article 35 A will show that whether BJP is interested to safeguard the basic rights of the people of Jammu and Kashmir to allow them to live with human dignity in the state or snatch the rights which the constitution of India gave them on the basis of the instrument of accession. The increasing resentment on petition filed against article 35 A shows that the alienation of people is deepening more due to erosion of the special status guaranteed under article 370 of the Constitution of India and very less due to failures of governing institutions in the state.

 

K H News Service

K H News Service

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The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

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