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| Article 35-A & The State Subjects | | | Bhushan Parimoo
A caller in the dead of
the night, called this writer the other day. The voice was familiar but having never met in person. However, the family elders have known each other well. It was through a chance that I got acquainted with him one day a few months back; courtesy the cell phone.He is a young, energetic well informed and well connected with the scenario of the State in all its facets of life whose elders have carried unending stories of the sacrifices, and contribution to the consolidation of the State of Jammu and Kashmir Hai Ladakh. Prior to this call at an unearthly hour I had a couple of times brief but precise conversation with him about the prevailing political situation under which the state is reeling currently. A Dogra to the hilt wanted this time to have my views on the Article 35-A tsunami that is sweeping these days across the country and beyond while causing devastating effect through the reactionary forces who unfortunately believe in Anarchism instead of Peace in the State. The query he posed though was in good faith but at the same time painful as the caller should have known its answer himself. In any case his elders should have passed on the facts to younger generation to shield distortion being brought in, in the rich glorious history of the Suryivanshi Dogra rulers where there is nothing to hide but to be proud of it. It needs no emphasis that the Dogra rule in its brief period contributed immensely in every walk of life. In Education, , justice, culture religious tolerance, harmony and eradication various social evils and other fields it has been rank number one in the subcontinent then. However, the most unfortunate part is that the Dogras has been brainwashed slowly but steadily over the years by the parochial forces to achieve their nefarious ends. Every piece of its rich heritage or the history has been colorized with those who had political interest ignoring the great rich history unparallel in the Indian subcontinent. At the time of assuming the throne, Maharaja Hari Singh made that great speech at the Round Table Conference held in London in 1930 saying: freedom is our right .Generally it is a common observation that people of the State of Jammu and Kashmir claim that the State spread over about 85,000 sq. miles is a non divisible entity, it's further proclaimed that people living in all divided parts of the State of Jammu and Kashmir (as it existed on 15th August 1947) are one nation, some people call the geographical boundaries of the State of Jammu and Kashmir as one unit, whether one agrees to this one unit concept or not is a different subject. The State of Jammu and Kashmir comprises of various religious communities who do not share common language, culture, civilisation and history. In fact, Jammu and Kashmir State is a union of various diverse nationalities. And in such a State one unit and integration of diverse communities just doesn't happen by default. It takes centuries of mutual and voluntary sacrifices, peace and love to build nations. Maharaja Gulab Singh formed this geographical and political one unit and his heirs made very sincere and focused efforts to consolidate this one unit. In this endeavour, Mahrajah Hari Singh took practical steps to go even further than one unit and initiated the process of social cohesion, harmony and integration to develop a nation based on this one unit. Not Surprising since failure of Paraja Parshed agitation in fifties, sabotaged by its own, a scheme of things were drawn with the support of RSS to introduce its own ideology over the factual history to the hilt whose role during Freedom struggle in India is nil and in the Kabali Raid period is most uncooperative and unfortunate? To cover the lapses slowly and steadily distorted the history of Dogra Rulers under well thought scheme of things. Fiction biased narrations are being imposed on the Facts of the Dogra history.The Organiser in English and Panachjanya, in Hindi to which this write was also subscriber at some point of time at the behest of some friends and had been regular reader along with Blitz took this write up in good faith authentic which over of period of time rather when read other contemporary materials found widening gaps between facts and fiction. This writer is witness to reactionary forces activities right from 1954 till date; know many of its functionaries who is who; and even their elders. It must be mentioned the Kashmir Leadership post 1947 in power did equally damage and tarnished the image of Dogra Rulers with the support of media which had been then cent percent in the hands of Kashmiri with their Punjabi cohorts. Article 35 has its gneiss in the law of State Subject, the certificate of the domiciliary of the State of Jammu and Kashmir. It was introduced by Maharaja Hari Singh the bonafide Ruler of the State after the agitation by the Dogras to protect their interest from the exploiters by those who come with intent to better prospects at the cost of the sons of the soil. And which still holds good on both side of the state where from State Subjects complain exploitation by them be it be India or Pakistan . Unfortunately, the State has become 'migration state' under both the countries. The numbers of outsiders have been increasing under State sponsored schemes to dilute its identity culture and heritage. Following the agitation by the Dogras to protect the interest of the state from the then Punjabis asked for Guaranteed Protection to save State identity in every walk of life. The State Subject Ordinance was passed in 1927, under the prevailing situation of that time. "Saving of laws, with respect to permanent residents and their rights notwithstanding anything contained in this Constitution, no force. Existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or (b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects-(i) employment under the State Government; (ii) acquisition of immovable property in the State; (iii) settlement in the State; or (iv) right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part." To protect those already came or brought here before the act were given status if the State Subject but two categories were formulated original resident domiciles were donated State Subject Awaal, Firt class and other Dooum Second Class. Reactionary forces through well organised malicious propaganda give to understand jammuites that it is the result of Kashmiri Pandits agitation at that time and Maharaja to appease the Brahmins issued this order per force. The fact, however, is that the Kashmiri Pandits did agitate but in 1931 called Roti Agitation. So the State Subject as protective shield from invasion of northern state in particular still holds good. It is our identity to be the inhabitants of the proud state, as Bhooumi Putraas. The State Subject has been diluted through Article 35 A added to Article 370 by an ordinance promulgated by the President of India in 1954. Article 370 of the Constitution grants special status to Jammu and Kashmir, while Article 35A empowers the state legislature to define the state's "permanent residents" and their special rights and privileges. State subject has been thus converted as Permanent Resident certificate. Jammu and Kashmir State as it stood before partition to one of the biggest State in the subcontinent. State Subject issue is of the State People, for its own People by the its own bonafide inhabitants. Half of the State, moth eaten, cannot decide the fate for the inhabitants of the whole of the state. Any court with due respects to them cannot decide torn state unilaterally, and cannot go beyond instrument of Accession agreement. Let us first finish unfinished agenda. Unify the State for which the two sovereign States went in to the agreement between them referred as Instrument of Accession .Which was signed entirely on to save honour of its subjects sovereignty and integrity of the State, which Dogras legitimately ruled. Task with the GOI under agreement on which it claims the State of jammu and Kashmir its part has still to retrieve occupied part from China and Pakistan. Unilaterally GOI cannot proceed to deprive the right of identity and rights under State Subjects for the entire State. Besides Rehabilitation Bill of 1977 Called Bill No. 9, which allows those who fled the state during 1947-48 massacre want to return for whom Department of Custodian has been created be got accent from the President of India pending before him for decades which has been as per law approved by the Legislative Assembly. Inhabitants of the state holders of the State Subject Certificates on the other side are lawful resident beside those fled for life wherever they went even in Foreign shores. State Subjects and their off springs are bonafide inhabitants under international law. State has Custodian Department to be custodian of the property who fled for life in 1947.What about them, who want to return, the soil of their elders, most of those have graves on the soil to exercise their legitimate rights. There are two school of thoughts one of reactionaries that in so called National interest 35A has to go come what may, then GOI has to forgo the other half, and when it do so the very basis of the agreement under instrument of Accession get null and void. Another school of thought feels obstinate of the GOI in present set up to go ahead then have a Referendum as per international norms in the democracy. Dr Shabir Choudhry one of the sons of the soil from Bimbher now settled in England expressed that Maharaja Hari Singh was a visionary leader, and far ahead of his contemporary Princely Rulers in undivided India. He cared for his people, and it is due to his vision that we got State Subject laws, and a sense of belonging to a nation. This law was passed on 20 April 1927, many years before the partition of India. He visualised that his people could face problems, if people from outside the State are allowed to come and buy land and settle there. Maharajah of Jammu and Kashmir did us a great service by defining the State Subject laws. Many in forcibly divided State of Jammu and Kashmir don't like Hari Singh, mainly because of his religion, ethnic background and region, but want protections under the laws enacted by him. This fact confirms validity and significance of this law. Under the threat of Pakistani sponsored jihad in Kashmir in 1947, the Maharaja was forced to accede to India. We still regard that as 'provisional', because people of Jammu and Kashmir have not given their verdict on it. Love, peace, harmony, cohesion and integration process was disrupted it's only they themselves who can reverse the wheel of hatred, enmity and disintegration. If reactionary forces don't change their attitude and don't denounce present, the Jammu and Kashmir State which was given birth by Maharajah Gulab Singh and which established and developed politically, administratively and socially as an entity during 101 years of Dogra rule shall die for ever. Choice is entirely that of the State Subjects.It is often said Naa Saamjoou Gaaey Aaey Jammu , Kashmir and Ladakh Waloou, to Meaat Jaeyoou, Tooumahhare Saastaan Hee Naay Rakheeygee Daastaanoou Maaey. |
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