Article 35A, Jammu And Kashmir, Yasin Malik, Mehbooba
Image Source: News18.com

After the Pulwama attack, things are getting worse and worse. People of Kashmir are thinking that they do not have proper rights. Many of the Kashmiris opposes the Indian Army also. Recently Union Government has issued a notification and sent 100 companies of the paramilitary forces to the Kashmir to tackle the situations which can arise after the news of the hearing of Article 35A in Supreme Court. After hearing the news, many political parties are planning for a protest which could complicate the situations more.

As the emergency could be seen, so The Ministry of Home Affairs issued a letter on February 22 and asked an additional 100 companies to rush to the Kashmir. Out of that 45 were of CRPF, 35 from BSF, 10 from SSB an ITBP. There are the chances of the dilution of this article, and all the residents are in the active form and going to protest against the Government. Many social activists and leaders of the political parties are involved in provoking the people and promoting them to come on the road to protest.

What is Article 35A?

Previously in 1947, Jammu and Kashmir was the princely state, and after the freedom, the question of the citizenship came into the picture. The Maharaja who ruled the state was not ready to shake hands with India or Pakistan as well and wanted to rule alone on the state, and he never allowed anyone to come in the state and to settle down there as he had a fear, more Englishmen would come there and acquire the land in the state. So preserving that rule, Kashmiris also want to follow the rule as they were having the same fear as the Maharaja had.

So to clear up this mess, the Indian Constitution took a step and added Article 35A in the Indian Constitution which is for the empowerment of the people of Jammu and Kashmir. In this article, the permanent residents are entitled to special privileges. The President of India validated this article in May 1954. It is the part of Article 370 of the Indian Constitution and the Government of the State of Jammu and Kashmir.

What does the actual text of the article say

According to Wikipedia

“Saving of laws with respect to permanent residents and their rights. — Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State

(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.”

In simple words, this article 35A says that no outsiders will be able to permanently settle down in Jammu and Kashmir and also cannot own any immovable property there and also if a woman marries a man outside of Jammu and Kashmir then all the property rights will be revoked of her and upcoming heirs also. This is another reason why good doctors do not come to the state. This statement made this article so controversial. The Government of the Jammu and Kashmir will decide who will be eligible to become the permanent residents of the state and then only the special rights and privileges will be provided to them in public sector jobs, scholarships and other welfare aids. Besides providing privilege, many other things suffered like private and industrial sectors.

To avoid more complications, the J&K Police targeted Jamaat-e-Islami which is popularly known as the Jel, and it is the famous Islamic political organization which is the oldest and founded by British India. They are the most influential political party of the state. Top leaders of the organization were arrested including Chairman Abdul Hamid Fayaz. Certain separatists were also detained on Saturday in the valley.

Jel said “the police and other forces launched a mass arrest during the intervening night of 22-23 February and raided many houses and dozens of central and district level leaders were arrested. “The move is a well-designed conspiracy to pave way for further uncertainty in the region.”

“The way forces personnel unleashed the spree of mass arrest and detained dozens of Jamaat members prior to the hearing seems something is hatching behind the curtains. Any attempt of eroding or tampering Article 35A is unacceptable for people of Jammu and Kashmir,”

The list of the detained people includes Jel Chief Abdul Hamid Fayaz, Mudasir Ahmad, Mohammad Hayat, Bakhtawar Ahmad, Abdur Rouf, Ghulam Qadir, Zahid Ali, Bilal Ahmad, Ghulam Mohammad and many more. The Police conducted its first crackdown in the valley and named it as the usual routine. They also detained the chief of Jammu Kashmir Liberation Front (JKLF) and the separatist leader Yasin Malik which has worsened the condition.

After the detention of Yasin Malik, chief minister of Jammu and Kashmir became angry and asked what is the reason for detaining the leaders of Jamaat-e-Islami. She added “You can imprison a person but not his ideas.”

Mufti also told “In the past 24 hours, Hurriyat leaders and workers of Jamaat organization have been arrested. Fail to understand such an arbitrary move which will only precipitate matters in J&K. Under what legal grounds are their arrests justified? You can imprison a person but not his ideas.” The chairman of the parties are addressing this as illegal and want justice for that. Sajan Lone who is the chairman of People Conference wrote on his twitter “Gov seems to be on an arrest spree. Just a word of caution. Large scale arrests took place in 1990. Leaders were ferried to Jodhpur and many jails across the country. Things worsened. This is a tried tested and failed model. Please desist from it. It won’t work. Things will worsen,”

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