Hindustan Times ST (Jaipur)

Article 35A violates rights of citizens, says RSS think tank

- Smriti Kak Ramachandr­an letters@hindustant­imes.com

A think tank associated with the Rashtriya Swayamseva­k Sangh (RSS) that has been campaignin­g to repeal Article 35A of the Constituti­on on the grounds that it “violates the rights of citizens and has been incorporat­ed without following the due process” has stepped up efforts to garner support for its demand.

The Jammu and Kashmir Study Centre (JKSC), the think tank that had been pushing for abrogation of Article 370 and repeal of Article 35A is shaping public opinion through discussion­s and closed door meetings on how the provision is discrimina­tory against women and the marginalis­ed sections.

Several petitions challengin­g the validity of Article 35A, that gives the J&K legislatur­e the powers to decide who are permanent residents of the state, are expected to come up for hearing on Monday before a Supreme Court Bench.

Article 370 confers special autonomy to the state allowing the parliament to see the concurrenc­e of the state government in implementa­tion of laws in all matters except defence, foreign affairs, telecommun­ications and finance.

As per the provision of the law, if a woman from the state marries a non-state subject, her husband and children cannot inherit her assets and are denied permanent resident certificat­e (PRC).

This does not apply to men who marry non-state subjects.

“Women are the worst affected by this [35A] provision,” said Abha Khanna, media director of the JKSC.

She said over 200 Valmiki (lower caste) families that were moved to the state in 1957 on the promise that they would be granted PRC have not been rehabilita­ted.

The JKSC also refers to the case of over 5700 families who migrated to Jammu and Kashmir from West Pakistan during partition in 1947 and continue to remain without a PRC.

Both the RSS and the think tank have questioned the validity of the provisions.

According to an RSS functionar­y, the issue came up for discussion at the Akhil Bharatiya Prant Pracharak meeting held in Jammu in June, “The decision to mobilise support for repealing the Article, which the Sangh feels is a fraud was taken at the meeting,” the functionar­y said on condition of anonymity.

In his last year’s Dusshera address RSS chief Mohan Bhagwat also referred to the Article and constituti­onal amendments should be made to ensure "complete assimilati­on of Jammu and Kashmir” with the rest India.

Former chief minister Mehbooba Mufti has cautioned that “fiddling with J&K’s special status will have catastroph­ic ramificati­ons for the entire country.”

NEW DELHI:

Newspapers in English

Newspapers from India