2016 Was a Trailer, This Time It Will Be Huge: Kashmir on Article 35A

In Pratap Park at Lal chowk, opposite the press colony in Srinagar, J&K, the air was reverberating with slogans like “35 A se jo takarayega, chur chur ho jayega”. Placards with similar slogans were being waved by a crowd of people protesting in after the hearing on Article 35A in the Supreme Court on August 6. The call for protest was given by a Kashmir Pandit Trade Union leader Sampat Prakash joined by Jammu Kashmir Liberation Front (JKLF) chief Yasin Malik and several others.

“It is a matter of utmost shock and surprise that Supreme Court has admitted this new plea on Article 35A. I am shocked because not once but twice, and not any ordinary bench but a full Constitution bench of 5 respected judges of the Supreme Court, has already rejected or held these pleas invalid in the past,” said Sampat Prakash.

Article 35A of the Constitution was included in 1954 by a Presidential order to guarantee unique identity and safeguard the rights of the people of Jammu and Kashmir. It allows the Jammu & Kashmir legislature to define a Permanent Resident of the state and confers some special rights on them, including acquisition of property, jobs in public sector, scholarships, etc. Such State laws cannot be challenged for violation of Constitution. The State has defined a permanent resident as any person who was a state subject on May 14, 1945 or the one, who has been residing in the state for a period of 10 years. The key question here was the property ownership one because the state govt. provided that women who marry non-permanent residents will lose the right to their property.

The apex court is hearing two public interest cases challenging the article.

“I wonder why this hue and cry on special status of Jammu and Kashmir only? Does Indian constitution have no such provisions for many other states of India to? Article 371 of the same Constitution clearly gives same kind of status and bars people from outside from buying land or property in many other hilly states like Mizoram, Nagaland, Manipur etc,” he said while addressing the gathering.

Also Watch: "Article 35-A Will Stand Till The People Of Kashmir Stand"

Meanwhile, speculation is rife that differences between Jammu and Kashmir governor NN Vohra and the Centre over Article 35A will result in the replacement of the former. The disagreement began after Vohra filed a memorandum in the Supreme Court to seek deferment of the case. As per sources, the idea of replacement has been worked out.

Leaving behind their differences, all parties have come together to protect the article. “Any tinkering with it would turn the State into a veritable inferno,” former CM and PDP president Mehbooba Mufti had said in a rally.

National Conference president and MP Farooq Abdullah said, “We will fight against all ploys to assault Article 35A and won’t allow the powers that be fiddle with our political status and honour.” Abdullah had said in a public function in Srinagar.

“Scraping Article 35A is an attempt by the Centre to change the demography of Jammu and Kashmir. The people of Kashmir will not take this decision lightly and they will attack vehemently,” said JKLF chief Yasin Malik.

Meanwhile, Kulgam CPI(M) MLA Mohd. Yusuf Tarigami has reportedly filed an application in the Supreme Court for permission to intervene in the case.

"The special status guaranteed to the State of Jammu and Kashmir under the Constitution of India, which has assumed the permanent feature of the Constitution, requires protection as any alteration would be against the policy of federalism envisaged by the framers of the Constitution," the intervention application filed by the party said.

According to locals in the valley, the decision will result in a period of long unrest. “Post-2016 [protests] were just a trailer. This time it will be huge. Centre is hell bent to poke us and now, this time it will be big. We can’t take this attack lying down. It has infuriated the people of Kashmir and the result will be gory,” said a shopkeeper, almost in his 50’s, in Lal chowk on the condition of anonymity. Pointing to a small poster in his shop, he said, “Jiss Kashmir ko khoon se seecha, woh Kashmir hamara hai” followed by “Save Article 35A.” Not only his but almost every shop in Lal Chowk had the same poster. “We are united on this and we shall remain united,” said another shopkeeper with a shrug while persuading a woman to buy Kashmiri suits from his shop.

"We won't let anyone touch Kashmir. It’s our land. Tell the Centre, don't force us to pick guns again," said a 15- year old, school going boy.