India Politics

Whole Kashmir Unites to defend Article 35-A

Srinagar, 3 August 2018: People of Kashmir come on one platform to secure the Article 35 A of Indian Constitution which gives permanent resident status to residents of Jammu and Kashmir. In order to preserve the special status, a protest call has been given by joint Hurriyat leadership on 5 and 6 of August.

All the business community of Kashmir is in support of a call given by Hurriyat.  The Kashmir Chamber of Commerce and Industry members protest against any interference of Article 35 A.

Addressing the business community President of Kashmir Chamber of Commerce and Industry, Javid Ahmad Tenga said that the people of Jammu and Kashmir are ready to sacrifice everything and will shed their last drop of blood to defend the Article 35-A.

The protest was held at Lalchowk, Srinagar on first August and was supported by FCIK, KCC&I, KTMT, JKSECE, BTA and AJTTCC traders associations of Kashmir.

Showing strong defense against any interference of Article35-A Mirwaiz Umer Farooq  Chairman of Hurriyat wing (M) made a number of tweets on twitter which reads people of Kashmir are cautiously and carefully watching the events around Article 35A as it comes for hearing on 6th of August in Indian Supreme Court. Kashmir’s will not take machinations against them lying low and will oppose them tooth and nail people will hit streets and resist it forcefully.

In this regard, a meeting was held by Joint Resistance Leadership (JRL) which consists of both wings of Hurriyat in Rajbagh office of Hurriyat at Srinagar after the meeting Mirwaiz tweeted

“We will allow peaceful protests. A protester is well within the rights to stage a peaceful protest,” Director General of Police J&K Shesh Paul vaid told Greater Kashmir.

Speaking on an occasion about the Article 35A the advisor to Former Chief Minister Omar Abdullah Tanvir Sadiq at youth convocation in Kargil on 29 of August said “we should unite to protect the Article 35A,”

All auto drivers Association of Jammu and Kashmir also supported the call given by JRL

A placard on the back of auto supports the complete strike on 5 and 6th August given by JRL

Police will allow peaceful protests on 5 and 6th August, however, a close watch would be made on all demonstrations and protestors, protesting against the petition file agonist Article 35A in the Supreme Court of India.

Hearing on the petition filed against the Article 35-A is on 6th of this month.

What is Article 35-A

Article 35-A is an Article of Indian Constitution that empowers permanent residency to the residents of Jammu and Kashmir. It was issued by the president of India on 14th May 1954 by in accordance of Article 370 of Indian Constitution, with the concurrence of the Government of the state of Jammu and Kashmir. The order in this regard was issued by Then President of India Dr. Rajendra Prasad with the advice of the Union Government headed by Jawaharlal Nehru then Prime Minister of India. It defines the class of persons who are, or shall be the permanent residents of Jammu And Kashmir State. This was promulgated by Dogra King Maharaja Hari Singh in1927 following the strong campaign by Kashmiri Pandits, who were opposed to the hiring of civil servants from Punjab.

Which power it gives to people of Jammu and Kashmir

The right of Permanent Resident of Jammu and Kashmir

No person can own property in Jammu and Kashmir who not permanent resident of the state.

No person can apply for the job in a state that does not belong to the state of Jammu and Kashmir provided by the state government

All scholarships and aids which are provided by the state government are for only  the people of Jammu and Kashmir

Article 35A was added to the constitution of India without further discussions in the Parliament.

Who has filed the PIL and  what is the concern which has been raised against the Article 35-A and Section6 of the constitution of Jammu and Kashmir State;

The PIL has been filed by Charu wali Khanna, a lawyer and former member of the national commission for women against the permanent resident status given to people of Jammu and Kashmir by Article 35A and section 6 of the Jammu and Kashmir constitution.

Advocate Zaffar Shah in a civil society meeting held on 31 July 2018 said that people of Kashmir try every possible way to save Article 35-A.

The main petition was filed by Delhi-based NGO we the Citizens in 2014.

The petition has challenged certain provisions of the constitution such as the woman who marries outside the state of Jammu and Kashmir loses his rights on his property. The married women outside the state not only lose his rights on his property but his coming son also lose the right to property.

Section 6 of the constitution of Jammu And Kashmir State denied the rights of property to a woman who marries outside the state which also applies to his son.

The petition filed states that the women who marry outsider not only losses his basic property rights but also losses his opportunity to apply for a job in the state.

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