Unperturbed after being dubbed as “anti-nationals” by Chief Minister Mehbooba Mufti, victims of Article 370 and Article 35-A vowed to intensify the ongoing legal battles to get these, what they called, “inhuman” constitutional Acts abolished so as to live a “dignified” life.
A group of West Pakistani refugees, comprising Scheduled Castes (SCs) and Other Backward Classes (OBCs), Valmikies of J&K and some local women married outside J&K, have challenged Article 370 and Article 35-A in different courts as there is a feeling among these groups that they are being deprived of their constitutional rights due to these two articles.
“Our fight against 35-A will continue, rather intensified, despite the fact that the Chief Minister has dubbed the victims as anti-national,” Labha Ram Gandhi, chairman of the West Pakistani Refugees Action Committee (WPRAC), said.
Besides these organisations of weaker and depressed sections of the society, some NGOs have already challenged Article 35-A. “We are fighting a legal battle to get this unconstitutional Article abolished from the Constitution,” Barun Sinha, Supreme Court lawyer, who is fighting against this Article in the apex court, said.
Those taking legal course to get Article 370 and Article 35-A abolished argued that these two articles were against the interests of weaker and marginalised sections of the society. “What to say of reservations or other constitutional rights, the West Pakistani refugees, majority of them Dalits and OBCs, are being deprived of basic human rights all due to Article 35-A, which is soul of Article 370,” argued Labha Ram Gandhi.
Eklavya, a Valmiki youth, who is pursuing postgraduation in political science, pointed out that it is all due to Article 35-A that their community was facing worst-ever slavery in the modern world. “Despite pursuing postgraduation, I am eligible only for the job of sweeper (safai karamchari) because Article 35 A has made out our status in J&K state as slaves who can get employment only as safai karamcharis,” he argued and added that despite living in J&K since 1957, Valmikis were being deprived of citizenship rights all due to Article 35-A.
“Our legal fight to get this Article abolished will be continued despite threats and intimidation by the ruling elites of J&K who never want that we should liberate ourselves from the yoke of this slavery”, Eklavya said.
The local women, who married outside J&K, are another victims of Article 35-A. Although these married women are entitled to get permanent resident certificates (PRCs), their husbands and kids are denied the same benefits. Some women, too, have challenged Article 35-A in the court of law to get this discrimination removed.
Interestingly, if a man marries any non-state subject, his wife and children are entitled to all benefits, but if a woman marries a non-state subject, her spouse and kids are deprived of the same privileges.
What is state subject?
The state subject certificate, also called as permanent resident certificate, is issued to residents of the state of Jammu and Kashmir. Only those individuals holding a certificate can own property, build a house, gain admission in professional colleges, apply for employment with the government or vote for the Assembly poll in J&K.
Article 35(A)
Article 35(A) enables the state Assembly to define “permanent residents” and give them special rights and privileges, as well as to restrict the rights and privileges of all citizens of India who do not fit into this definition of “permanent resident”.
As a consequence, no one, except those defined as “permanent residents”, is entitled to property rights, employment in state government, participation in panchayat, municipalities and Legislative Assembly elections, admission to government-run technical education institutions, scholarships and other social benefits.
As per the constitution of J&K, only those people who were living in J&K before or on May 14, 1944 are entitled for the “state subject”.
Victims of Art 370, 35-A vow to intensify legal battles
