Vishal Sharma
The historic day of 5th August 2019 was a great day of joy for all Indians, but it was an almost heavenly feeling for the victims of article 35A. They had tears of happiness on that day. A new era of hope and equal rights had started for them. I met these victims of 35A first time in 2018 in New Delhi, where they came to meet President of India. Although I had heard about their difficulties earlier, but meeting them personally was a touching experience. I was especially moved by the plight of that young man of Valmiki community who had post graduated in chemistry, but was destined to become only sweeper in the jobs of Jammu and Kashmir Government. An old man with extremely wrinkled cheeks, West Pak refugee by origin, who was lamenting his decision to stay in border regions of Jammu at the personal request of the then Prime Minister Sheikh Abdulla. In spite of all assurance in last seven decades he and his family were denied all basic civil and political rights in the erstwhile State. He was not entitled to purchase even a small hut for his family. A beautiful young woman who was only child of her rich landlord parents in district Reasi. She studied MBA in Bangalore where she entered into love marriage with a handsome Tamil Engineer. Girl’s parents were requesting her to settle in Jammu and Kashmir and take care of her father’s hard earned fortunes. But the couple was disillusioned because the husband and their kids will have no civil and political rights in the erstwhile State. I met a 17 year old brilliant boy from a middle class family who was fully eligible to get Prime Minister’s scholarship, but this much needed and deserved scholarship was denied to him because he was son of a PRC holder mother and a non PRC father. There were many such stories of pain and disgust. These people were not able to understand how in spite of so many fundamental rights and the most powerful judiciary of the world they are subjected to an institutionalised discrimination in this part of India. I was wondering how shrewdly, article 35A had circumvented and nullified many fundamental rights guaranteed by the constitution of India.
However, seemingly un-changing destiny of these victims of 35 A took a turn on the historic day of 5th August 2019, when article 35A was removed with a new presidential notification and later in day parliament passed a resolution to incapacitate article 370. Last week I started my inquiry how much things have changed in the Union Territory of Jammu and Kashmir in last one year. West Pakistan refugees have been guaranteed domicile of Jammu and Kashmir along with a monetary help of Rs 500000/-. The wrinkled old man’s face now glows with satisfaction and relief. The boy has got Prime Minister’s scholarship and will now get admission in government run engineering college. The process of filling many vacant government jobs, allowing domicile holders to apply, has started. The young man of Valmiki Community with M.Sc. in chemistry is now trying to become lecturer in union territory’s government service. The parents of Reasi girl are now confident that their son-in-law and grand children will not be discriminated against in the UT of J&K. Similarly, descendant of Gorkha soldiers, who fought for protecting Jammu and Kashmir from enemy since the Maharaja’s time, were also facing discrimination. Now they have regained the rights, which once their ancestor had in the erstwhile State. People in Ladakh are especially happy because now they will decide their own future.
Although changes are coming with slow speed, in a typical government fashion, but they are coming firmly. In the beginning only class IV and Class III government jobs are notified. Highly qualified youth of these discriminated community are still waiting for the opportunities of their calibre. The online process of issuing domicile is not working properly. There are allegations that some lower level officials are demanding bribe from poor villagers to issue them domicile certificate. All usual hick ups which people face in any Indian State are there, but these people are happy at least they have got entitlement to get equal rights.
At this moment it is right time to look at those apprehensions, which other people in the UT of Jammu and Kashmir had about the abrogation of 35A and 370. People in all three regions of erstwhile State i.e. Jammu, Kashmir and Ladakh always had an apprehension that if article 35A is abrogated then people from other parts of India will come and purchase all lands. Even on the day of 5th August, 2019 there were many memes on social media showing property dealers of Delhi running towards Kashmir for buying land. A careful assessment of the ground situation, one year after the abrogation, shows these apprehensions were merely political fearmongering by those vested interests which were dynastically ruling the erstwhile State of Jammu and Kashmir for several decades. A worldwide real estate slump which is reflecting in India is reflecting in the UT of Jammu and Kashmir too. There are no negative repercussions for the people of the Jammu Kashmir and Ladakh. Rather many positive opportunities have unfolded. In todays globalised world due to article 35A this region had become a pit of staling water, with no fresh inflows. Earlier any talented professional from other parts of India was not willing to work here for long. As nobody wants his/ her civil and political rights being stripped off. But now abrogation of article 35A has opened the doors for fresh knowledge and talent. Nevertheless these changes will take some time to fructify.
A major positive result of abrogation of article 35A is that people have now become optimistic. There is a shift in social psychology that things can change toward positive side also. Kashmir will become a paradise again with renewed hopes of rejuvenation of tourism industry. However, for that, end of militancy and restoration of properties of Kashmiri Pandits is a must. At the same time we must not forget that abrogation of article 35A and 370 have given hope to the people of Gilgit and Baltistan also who are facing a brunt of combined imperialism of Pakistan and China. The people of Jammu, Kashmir, Ladakh and other parts of India are now eagerly waiting for the day when entire Pakistan occupied and China occupied parts of the erstwhile State will join India again.
(The author is an Assistant Professor of law in UPES Dehradun)
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