By – Kumar Brajesh
The flagrant issue of Kashmir has always been in encephalon of every Indian and peace seeking world community. Since independence this is the key problem for Indian society as well as for government. Now the new Modi lead government is damm sure and prepared to solve it once for all. In this concern the deletion of Article 35 A that governs Jammu & Kashmir has become a impugnable topic. Article 35-A ensures territorial integrity of the state its removal means that anyone from India can buy land and settle down in Jammu & Kashmir. The majority of people in country who has view that it must be deleted because there is no reason why the special status should be granted to the state and it also becomes a basis of integration in India. Its important to know before going in details that why the article was brought in force and whether it can be deleted or not and what will be the impact of its deletion ?
*Article 35-A In Constitution*
At the time of constitution formation the member of drafting comittee and Kashmir Affairs N Gopalaswami Aiyangar moved the bill of addition of article 306A on 17 October 1949 which was adopted in the Constitution of India as Article 370. Sardar Patel justified the inclusion of special status telling the Constituent Assembly ” in view of the special problems with which the govt of Jammu and Kashmir is faced, we have made a special provision for the constitutional relationship of the state with the Union on the existing basis” . Shyama Prasad Mookherjee who was part of Nehru’s cabinet which accepted special status granted to the state through the addition of this article. It was only in 1954 through a Presidential order that the Article 35A was inserted in the Constitution under the main Article 370. Article 35 A gives right to J&K legislature to define permanent resident, as also decide who can buy land in the state and who can vote in the state and who can serve the state govt. Presently the land held by those before 1911 can be allowed to buy land, all those who were residents before 1947 are defined as permanent residents.
*Land rights and views about ownership*
On the land issue there is an interesting historical perspective that tells us how the founder of Jan Sangh himself was of the view that land rights of Kashmir should not be open to all Indians. An extract of speech by Shyama Prasad Mookherjee in Lok Sabha on 7 August 1952 is very pertinent. “In the one third portion of Jammu and Kashmir which is now under Pakistani occupation, nearly 1 lakh of Hindus and Sikhs have taken shelter within the Kashmiri territory. How will these unfortunate citizens who have taken shelter how will they be given accommodation?” Dr Mookherjee also states in his speech that “Would Indians take property in the state? It was not suggested that Indians should go and purchase property as they liked. Then what is the fear? It is feared that Indians will go and invade Kashmir and raid the beautiful land” he concurred.
*Present scenario and impact*
Today the Modi govt wants to delete Article 35A wherein it wants to make sure that the Hindus who have come after partition of Kashmir can buy land besides allowing other Indians to buy land in the state. It also wants to make sure that partition Hindus can have a right to vote as also study in educational institutions of the state and serve the state administration. Doing away with this article is yet another way that the Modi govt thinks will help integrate the state with Union of India. Can it delete this article ? Constitution experts have differing views. But if the Modi govt really has at its heart welfare of partition Hindus then it could while being in power with PDP made suitable changes in the states legislations itself. There is enough provisions in the state’s Act that can be amended like J&K Land Alienation Act, J&K Representation of the People Act , Village Panchayat Act etc. As regards allowing all Indians to buy land freely in the state then today there are many things to be considered. One, who is interested in settling in the valley ? Pandits can go there any day but are other Indians interested ? Given the security situation where soldiers are being blown up and arms are found on Amarnath route despite heightened security, who will want to invest in the state ? Besides the tourists who are actual visitors in the valley ? Locals including army inputs say Salafi religious preachers have made inroads in the mosques and maddarssas of the state. They are preaching radical militant version of Islam to the young children and instigating them to fight for Kashmir’s Azadi even girls are being brainwashed to become stone pelters. So it leaves to no one’s imagination that when Article 35A is deleted
visiting religious radicals will be first to buy the land in the state and build mosques to carry out anti national activities. Besides there will also be proxy buying in the state by neighbouring countries. Hence there is further danger putting Hindus in Jammu and Buddhists of Laddakh at risk. Modi govt may want to drop this Article 35A but it is pertinent to recall that this provision was originally made by Dogras and Kashmiri Pandits to maintain the unique heritage and to protect the people of the state. Any move to delete Article 35A will certainly mean putting the citizens of the state at risk. Does Modi govt want to take risk of such happening in state?
