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| Will JKHCBA Jammu counter anti-refugee, anti-daughters' move? | | Kashmiri lawyers' meet on Article 35-A in Srinagar | | Early Times Report
JAMMU, Oct 22: The Kashmir Bar Association (KBA)-sponsored meeting of Kashmiri lawyers will take place on Friday. The meeting has been arranged by the KBA to muster support of lawyers across the Kashmir Valley against the plea pending before the Supreme Court that has challenged residents' status under Article 35-A of the Indian Constitution.
The agenda of the meeting is to "decide if the KBA should participate as an intervener in the petition which is listed before the Supreme Court registry on November 3". The petition before the Supreme Court challenging Article 35A of the Indian Constitution was filed more than a year ago by "We the citizens", a Delhi-based non-Governmental Organization, through its president Sandeep Kulkarni. The Government is yet to file its response to the petition.
Article 35-A, which was incorporated in the Appendix I of the Indian Constitution on May 14, 1954 in a hush, hush manner and implemented in the solitary State of J&K, empowers the J&K Government to grant or not to grant citizenship rights to a group or groups of people or sections of the State society, which were not considered permanent Residents of the State before May 14, 1954 under the laws which were prevalent in the State. It must be underlined that Indian Parliament was not taken into confidence by the Union Cabinet headed by Jawaharlal Nehru before adopting Article 35-A that created a high wall between the State and rest of the country and that constituted an assault on the fundamental rights of certain sections of population in the State. It was implemented in the State under the Presidential order, called Constitution (Application to Jammu and Kashmir) Order with effect from May 14, 1954.
This Article says that a person will be treated as a "Permanent Resident of J&K" only in accordance with the law which was already in force in the State before May 14, 1954. In other words, it says that a person who does not qualify as a Permanent Resident of the State under law as was applicable before May 14, 1954 cannot now become Permanent Resident of the State.
This Article further provides that the Permanent Residents will continue to enjoy Special Rights and Privileges in the matter of (1) Employment under the State (2) Acquisition of immovable property in the State (3) Settlement in the State (4) Scholarship and aid as the State Government may provide.
It is this law which has been challenged by "We the Citizens" and it is also this Article that has deprived the refugees from Pakistan, mostly Dalits, and children of the daughters of the State married outside the State to non-State subjects of all the citizenship rights which are available to the "Permanent Residents" of the State.
The KBA, like all the Kashmir-based parties, including separatist outfits, business bodies, civil society groups and even the local press, wants this Article to remain in force for all the times to come, as it, like other Kashmir-based organizations, believes that abrogation of Article 35-A will enable New Delhi to change the State's demography and further erode the State's special status.
Now that the KBA has expressed itself against the refugees from Pakistan, daughters of the State and perpetuate the archaic and discriminatory Article 35-A, it is expected that the J&K High Court Bar Association, Jammu, will come forward to counter the Kashmiri lawyers' move. It is expected because the Jammu lawyers have all along fought for the genuine rights and interests of the people of Jammu province and defended the national interests to the best of the ability and capacity. It has on several occasions struck work to identify itself with the oppressed and suppressed people of Jammu province and the paramount national interest. |
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