Ronik Sharma
History was created after so many decades with the removal of Article 370 and Article 35A by Parliament of India and bifurcation of erstwhile State of Jammu and Kashmir into Union Territory of J&K and Union Territory of Ladakh. It is a well known fact that due to Article 370 the erstwhile State of Jammu and Kashmir had a Separate Constitution and Separate Flag.The Central laws were not directly applicable to Jammu and Kashmir and if we talk about the Article 35A which was fraduently incorporated in the constitution of India on 14th May 1954 by a presidential order unconstitutionally, bypassing the Article 368 which empowers only Parliament to amend the Constitution. Article 35 A was the biggest fraud in Indian Constitutional history and was neither part of the drafted Constitution nor part of adopted and enacted Constitution of India.The addition of Article 35 A was during the tenure of the then President Rajendra Prasad on the advice of Prime Minister Jawaharlal Nehru cabinet which not only violated Articles 14 to 21 of the fundamental rights contained in Part III of the Constitution but also other Procedures of the Constitution of India. The removal of both the discriminatory articles 370 and 35A will provide an opportunity to the youth of Jammu and Kashmir to get employment in private industries. Due to both these Articles there are very less industries in Jammu and Kashmir and silent migration of J&K youth to other Indian States and Union territories of the country continued for getting Jobs and Placements. Before the removal of both the articles, the outsiders were not allowed to setup a business Unit/ industries in erstwhile State of Jammu and Kashmir.
Why removal of Articles 370 and 35A were important ?
* The term of Jammu and Kashmir Assembly was 6 years and in other States it is for only 5 years .* The Jammu and Kashmir had separate Constitution.
* Separate flag of Jammu and Kashmir
* RTI act didn’t apply to Jammu and Kashmir
* All Central laws were not applicable to Jammu and Kashmir.
* Hindu and Sikhs minorities were without minority benefits.
* Outsiders (Indian Citizens of other States) cannot own or buy land in J&K.
* No Panchayati rights (decentralisation of powers) to J&K residents/ representatives.
* Right to education not implemented.
*No private industries setup in J&K due to both discriminatory articles.
* Separate Criminal Code i.e Ranbir Penal Code.
*Delimitation of Constituencies will be held .
* Special provisions for readjustment of Constituencies both Parliament and Assembly.
* West Pakistani refugees, Valmikis, Gorkhas , women will be benefitted, earlier they were facing discriminatory attitude of successive Governments.
*Gujjar Community will get political reservation earlier it was not.
Justice delivered to Article 35 A victims.
* The west Pakistani refugees (Now domiciles of J&K ) had faced discrimination for more than seventy years, these refugees who had migrated to erstwhile State of J&K Since 1947 were not treated as “State subjects” and Permanent Resident Certificate not conferred on them and were not entitled to own a property, employment in J&K even after lapse of so many decades under the separate Constitution of Jammu and Kashmir Constitution and Article 35 A.
The then administration of erstwhile State of Jammu and Kashmir had brought Dalit Hindu community Valmikis to Jammu and Kashmir. Approximately three hundred families and were not given PRCs (Permanent Resident Certificate) and ownership and employment were denied to them and were forced to work and were eligible for the post of sweepers only. The qualified youth could not become doctors, engineers, teachers etc. due to Article 370 and 35 A.
In erstwhile State of Jammu and Kashmir women were not allowed to choose their lifepartners outside J&K because of this discriminatory, unconstitutional and biased Article 35 A .
* The families of the Gorkha Community also were the victims of the Article 35A and were denied the same Constitutional benefits i.e voting rights, employment, education, participation in Assembly and other local bodies election process of the erstwhile State of Jammu and Kashmir.
The myth of invasion by outsiders in Jammu and Kashmir was created by the Kashmir based political leaders as well as separate groups who were working against the National integration and Nationalists ideology. The Separatists ideology not only damaged the erstwhile State of Jammu and Kashmir development process but only darken the future of the youth and other citizens.Due to the false agenda of separatism of Kashmir Centric people Jammu and Kashmir and Ladakh is Still witnessing acute shortage of well qualified Specialists doctors in Medical Colleges and other institutions. If industries will be setup, their units would definitely provide employment to locals of J&K. After complete development of the various tourists destinations Jammu and Kashmir could be one of the top tourist destination like other States of the Country. Now with the existence of Reorganization Act 2019, Jammu and Kashmir Union Territory and Union territory of Ladakh are on the path of development and prosperity, thus ushering an era of peace and tranquillity in both the Union territories. The Central Government of India is set to provide equitable Justice to all the units of both union territories in the form of employment, development, privatization, industrialization etc.
(The author is an Advocate)
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