SHIV SENA protest in Jammu city against the Article 35A

The workers of DOGRA FRONT & SHIV SENA under the leadership of President Mr ASHOK GUPTA took out a protest in Jammu city against the Article 35A as it has enslaved the woman of the state and demanding a clarification from the CM Mufti with their Meeting with the Prime Minister Modi.

This Article empowers the state legislature to define “permanent residents” of the state, their special rights and privileges. It was added to the Constitution through a presidential order of 1954 with the concurrence of the state government of the day.

Article 35A provides the right to purchase and own property, seek government jobs, aid, college admissions and scholarships in the state. Those who emigrated from the state to Pakistan during Partition are considered state subjects for two generations.

The Valley parties are against this proposal solely because they have been propagating that such a step would lead to change of demography in the Valley. Both have joined hands to contest this battle and deny any dilution to its current status. Omar Abdullah’s announcement of commencing his protest on August 14 is seeking to convey a subtle message, as it is Pakistan’s Independence Day.

A resident woman marrying outside the state is no longer considered a permanent resident, thus she and her children lose their status. The same is not applicable to male members, who may marry outside the state. Further, residents of the state since Independence, having migrated from Pakistan, are non-residents, while those who emigrated to Pakistan are.

Legally, the Article is highly questionable as it denies residents their basic rights under the Constitution.

Than how the Mehbooba Mufti can state that the Prime Minister Modi can give assurance on the matter which is sub-judicial, so a clarification is must from the CM.

In a subsequent appeal, the Supreme Court stated that it is not permanent and Parliament can take a call on scrapping it. Hence, the battle has now shifted to Article 35A, which could be a precursor to Article 370.

Over the years, local Kashmiris have been made to believe that scrapping of Article 35A would change the demography of the region. This could never be further from the truth, as facts indicate. Residents of the entire state possess the power to purchase property and settle anywhere, within the state.

There has been no movement of population from either Jammu or Ladakh towards the Valley and thus no demographic change has occurred in the region in the last 70 years. The property of Kashmiris who migrated post the ethnic cleansing was bought by local Moslems, not residents of Jammu or Ladakh.

The Valley on its part has refused to allocate land for ex-servicemen belonging to the state, Kashmiri Pundits and even migrants from Pakistan. The reality is that change in demography has been in the reverse direction, with Kashmiris, Bangladeshis and Rohingyas moving and settling around Jammu and NOT the Valley.

Secondly, why should Valley-based political parties possess the prerogative to take decisions on behalf of the state? Their logic that the demography of the Valley would change is skewed, as they represent the state and not only the Valley. The Valley is much smaller when compared to Jammu and Ladakh, both in terms of area and population, hence it should not be permitted to hold the rest of the state to ransom.

I have asked many local Kashmiris to explain how they would lose if the Article is removed. The only answer which flows is change of demography, which in their opinion is a one-way ticket to paradise.

It should not let only one voice, opposing the article, flow from the Valley. Saner thoughts must prevail and complete state views must be considered, which are strongly for its abrogation

The party workers who were present at the time of protest were Ashish, Kimti, Rano, Bantu, Nikku, Pradhanu, Ganeshu, Abhishek and various others were present.