Kailash Pati Sharma
The State of Jammu and Kashmir has been going through turbulence from the time of independence and the whole political and economical model have never settled down for good life of citizens of that State People of Jammu and Ladakh Region have suffered higley due to Central Govt and state govt policies which are only Kashmir centric. No one have cared about the minorities. There is huge turmoil inside the state itself where most of the recruitments, investments, bigger positions, political decisions, Bigger decisions are done only for Kashmir region and which is just 1/3 of the whole State.we want equal rights or all three regions and all communities.
The debate over the validity of the article 35A and that of the order of 1954 has brought under focus the much controversial provisions of article 370. Article 370 is a constitutional provision which provides special status to the Indian state of Jammu and Kashmir (J and K). Incorporated as a temporary provision in the constitution, Article 370 limits the legislative powers of Parliament for the state of Jammu and Kashmir to specific matters namely defence, foreign affairs and communication.
Article 35A on the other hand was incorporated to empower the State Government of Jammu and Kashmir to define the term “Permanent Residents” of the state and provides for the special rights and privileges that the permanent residents can enjoy. Under one such provision, the state laws have barred the non-residents from purchasing land in J and K.
In conjunction with article 370, the presidential order for 1954 provides that no bill to increase or diminish the area of the state or altering its name or the boundaries can be introduced in Parliament without the consent of the state legislature.
While a lot has been written about the Article forming a connection link between India and the state of JandK, the claims and counter claims regarding its constitutionality, validity and necessity have either been made by those based in Delhi or by the valley centric groups. Historically, the narrative on Article 370 has been exclusionary, such that the discussion around the provisions under articles 370 & 35A as well as the presidential order of 1954 has deliberately left out the manner in which these constitutional and legal provisions have worked to impact the lives of the state’s minorities. Although the provisions concern the ‘entire state of Jammu and Kashmir’, the dialogues on the issue has involved only New Delhi and Kashmir. The debate, therefore, has gone on for too long without taking into consideration the concerns of the other two aggrieved parties – Jammu and Ladakh.
Article 370, 35A and order 1954 are an unwanted burden which the region has carried with itself since the time of its inception. While the provisions under these articles were meant at safeguarding the ‘cultural integrity’ of the entire state of Jammu and Kashmir, in reality, these have only worked to erode the cultural integrity of the state’s minorities and there is huge resentment and disparity with Jammu and Ladakh regions.
Under article 35A, the state government was allowed to define the term ‘permanent residents’ such that no person from outside could purchase land within the state. While this effectively created a barrier between Jammu and Kashmir , in the last few decades, the state has seen a huge erosion on the rights of Minorities and Jammu and Ladakh regions. This discrimination becomes more glaring when one realizes that while Jammu region has been highly accommodative of the refugees pouring in its cities, the valley has been reluctant to grant pieces of land to Kashmiri Pandits, retired soldiers and West Pakistan Refugees.
Valley leaders are Just echoing and threatening that If we abolish the Art 370 and 35A we will get another Pakistan. Can we think that just few districts voice can be considered as Voice of whole J&K.
The larger question then arises; who benefits from the provision of Article 370? Jammu doesn’t and neither does Ladakh. The article only works to stonewall the development in the two regions and perpetuate cultural disparity in the state.
This discrimination is further highlighted by the fact that ordinary domiciled citizens are deliberately denied even the bare semblances of Fundamental Rights.
* Even in marriage if a permanent citizen marries a non permanent he or she loses all her rights under order
* Jammu refugeegs are not getting attention and they have been deprived of the basic rights
* Educational Discrepancies – Education has also suffered under this regime as 65% educational institutes are located in Jammu receiving only 30% of the State’s Educational Expenditure.
* Inspite of Wazir Commission recommendations the State continues to favour discriminatory policies that now bear fruit like there never being a CM from the Jammu region,
*Rights of Religious Minorities in J&K including Scholarships, interest free bank loans, employment opportunities and scores of other schemes are being awarded to by the Muslim Majority Community (68%) since 1947. There is no State Minority Commission in J&K which would safeguard the rights of Minorities.
*Planned demographic change in Hindu dominated areas by Legislating Roshni Act (Vesting of Ownership to the Occupants Act, 2001) under which State Lands were given in ownership primarily to Muslims in and around Jammu, Udhampur, Samba, Kathua etc. Planned and organised settlement of Rohingyas and Bangladeshi Muslims only in and around Jammu, Samba and Kathua areas. People and NGOs from valley are spending money on their settlements and are taking public stand in their favour providing them intellectual support.
Jammu have adopted all migrants from Kashmir and whenever , the State Government decided to allot lands to the people for temporary settlements, the valley responded with an immediate shutdown and widespread protests.
What process is required toaboilish 370 and 35A ?
I personally have many close friends from Kashmir and we really love each other but, the moot point is that all citizens from all regions, from each religion, each community should get the equal rights. In case that did not happen, the deprived sections will have to take extreme steps to get their rights.
Lets work to together solve the issue and provide equal rights to everyone in this state
(The author is presidnet Manav Utaan Mission and WBF)
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