88 Year Old State Subject Law in Peril Cautions Ab. Majid Zargar

REMOVAL OF  ARTICLE 35A-PART OF AN AGENDA

By

Abdul Majid Zargar

A writ petition challenging Article 35A of Indian constitution  has been filed before Supreme Court of India by a  RSS backed think tank. It may be recalled that this article was inserted in the Indian constitution through a presidential order  promulgated under clause (1) of article 370 effective from 14th day of May 1954 to  afford  a protective shield to various rights bestowed by our own constitution on permanent residents  of  the State in matters of acquisition of immovable property, employment in State services, voting rights etc. etc. Once this shield is removed, these rights will become susceptible to many legal & political assaults which  will ultimately pave way for entry of non State subjects into the state  putting in motion  a second demographic change, the first having been engineered  by Sangh Parivar in Jammu region in 1947.

Irrespective of the judicial fate of the writ petition, it is necessary to ponder over the  question as to why did Sangh parivar wait for  sixty one long years  to take such a step loaded with mala-fide intentions ? After all its think tanks & affiliated organizations could have done this job without being in power or alternatively it could have done so earlier when in  power  at centre,  albeit in coalition with other political parties, collectively referred to as National Democratic Alliance . The question needs  to be put to a wider debate because it affects every section of people of the State  across board.

But  before an informed debate is initiated, it is in order to put a word of clarification with respect to certain recent attempts by writers & columnists of  comparing   Article 370 with  Articles 371 to 371E(special provision in respect of Mahrashtra  Gujrat & North eastern States).It  needs to be reiterated  that there is a vast difference between Article 370 & other articles  like Article 371 to 371E  in respect of both form and  substance. While the articles 371 to 371E  are titled “Special”, Article 370 is titled “Temporary”. The distinction needs to be noted as word “temporary” was only reserved for Article 370 dealing  with J&K, the intent & purpose being to make this article co-terminus with final settlement of the Kashmir dispute. Another noteworthy distinction  in respect of J&K is that this state has only acceded to India Union  (The genuinity of accession itself is a separate debate)  and not merged with it like all other states. That much has also been  acknowledged & accepted even by former Union Home Minster Mr. Chidambram when the Sangh Parivar raised  a hue & cry   on this issue during UPA rule  in not so distant a  past.

Having made the distinction, it is important to take  stock of important events happening in State   after the present coalition of PDP & BJP took over reins of the  Govt.

a) Even before  the ruling coalition was firmly saddled in power, a  Minster from Jammu in PMO’s office declared that Article 370 is on its way out. Incidentally this is also  what Modi wants to say but does not say for strategic reasons.

b) A move to issue Permanent resident  certificates (PRCs)  in schools in Jammu was  initiated in utter contravention of  prescribed rules & procedures. It is reported that these PRCs  will  now be issued on-line  in Jammu region. The explanation offered is that that the Govt. wants to remove cumbersome procedure in obtaining this certificate .The question arises-   is there nothing else left in J&K which needs simplified procedures and why these moves are initiated in Jammu region only?

c) Voices were raised vociferously to Settle West Pakistan refugees in Jammu.

d) Muslims  in Jammu  were harassed & evicted from their natural  habitat under the pretext  of clearance of forest areas.

e) voices were raised to  settle  retired Army personnel by allotting them land, Industrial plots & other benefits. In fact 173 Kannals of  land  have  already been identified in Srinagar for  the purpose with more  in the pipeline. Though a clarification to contrary has been issued by the Govt, but it raises more questions than it answers.

f) Central statistics Act 2008 is proposed to be amended to include within its ambit the State of J&K in-spite of the fact that this State has its own law on the subject known as J&K State Statistics Act 2010.The proposed amendment will empower New-Delhi to collect & process personal information & data of People of J&K(generally known as profiling of civilians) without any permission  of  the State Govt. and making our own law redundant to that extent.

g) And now a writ petition to challenge constitutional validity of Article 35A followed by announcement by Dy. CM, Nirmal Singh that Sangh Parivar has not changed its stand on Article 370.

Put the above sequence of events  in a  perspective and a definite  pattern emerges which  makes  it abundantly clear that Sangh Parivar has scripted a well crafted agenda to change  the demographic character of the state second time  by hook or by crook .The question as to why did it take so long to implement its agenda is explained by the fact of  its having not-so-brute-majority in Indian parliament and absence of a willing partner  at State level which it has  found now  in the form of PDP headed by Mufti Syed . New collaborators have been created in the state by the Sangh Parivar to lend a helping hand in furthering this agenda.

My fear, shared by many others,  is that we are witnessing an era where even the higher Judiciary is influenced by ultra-nationalist propaganda & rhetoric. It is high time that people who have elected MLA’s from PDP seek answers from them for playing this nefarious game and sooner it is done ,the better it is.

(The author is a practicing chartered Accountant. E mail: abdulmajidzargar@gmail.com

First Published in Kashmir Times.