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| NC's big jump from beef ban to Article 35 A | | | When the issue pertained to ban on beef consumption was left under the carpet because of the Supreme Court ruling under which it has asked the High Court Chief Justice to constitute a three-member bench for hearing the two PILs,one for implementing the ban and the other for revoking the ban,the opposition National Conference had lost a vital issue for hammering the head of the BJP-PDP coalition Government.But the saffron Parivaar offered it another issue which received support from several other members in the Legislative Assembly.Though the NC leadership decided to boycott the remaining session of the Assembly, it however, kicked up a sensitive issue which could further raise the level of regional passions. The issue pertained to Article 35 A of the Constitution. Former Union Minister Jagdeep Dhankar had said that there were many non-permanent residents who because of Article 35A, could not vote for even a panchayat election in Jammu and Kashmir. What actually motivated the opposition NC members to raise the ruckus in the Assembly over Article 35 A was a report which had indicated that a think-tank close to the RSS had plans to approach the Supreme Court to challenge Article 35A of Constitution, which, it claims, allows the State of Jammu and Kashmir to grant special privileges and rights to permanent residents but denies rights to several others who too have genuine claims.
In fact Article 35A was added in the Constitution by a Presidential Order in 1954. And its critics claim that it is against the basic structure of Constitution, which even Parliament cannot amend. So this Article is unconstitutional, which was added without taking Parliament into confidence,allege senior RSS functionaries.who hope that the Supreme Court would take suo motu cognizance of the matter. But if that doesn't happen, the group will approach the apex court.Those who want Article 35 A to go have constituted a group of leading constitutional experts who are deeply studying this issue after which they will definitely approach the Supreme Court and seek its intervention in removing this unconstitutional law.But stories revealed by the affected families do support abrogation of Article 35 A. Mangat Ram, has said that members of 'Valmiki' community were brought from Punjab to work in Jammu and Kashmir but now their succeeding generations have no right either to buy land or get state jobs and are now struggling in pitiable conditions for livelihood.Another affected person Rashmi has revealed her mother was a resident of the State while her father belonged to Himachal Pradesh. Because of this family members could not get permanent resident status even though they continue to live there.Members representing Gorkha community and those who migrated from West Pakistan also feel victim of this Government apathy. It is so because despite living in the State for generations, they were required to present a Permanent Residence card, which many among them did not have, to aquire higher education, land or jobs.
It is a human problem which needs to be tackled on humanitarian basis.Let the Government fix date for accommodating these non-residents as permanent residents.Let it be 1947 to 1990.And those who have settled in Jammu and Kashmir after 1990 were not to be given any permanent resident certificates.But those who have migrated under difficult circumstances and have contributed to the economy of the State during the last 43 years deserve the right to own immovable property.They deserve the right to seek jobs in the State Government departments.They deserve the right to seek higher education facilities for their wards in the educational institutions in Jammu and Kashmir.If it is not done the champions of honouring human rights,as the National Conference and the PDP claim to be,would be ridiculed because denial of permanent citizenship rights for these refugees from west Pakistan and other communities would amount to human rights violations.Let the NC and the PDP leaders realize it that allowing these refugees to settle permanently in Jammu will not,in any way,alter the demographic character of Jammu and Kashmir. |
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