Much hue and cry has been raised on Art . 35A in our state of Jammu and Kashmir . unfortunately to many it is a religious affair . Those who support this Article are against the settlement of West Pakistan Refugees but favor the settlement of Rohingyas and that too in particular part of the State .
Our Constitution guarantees equal rights to all citizens, irrespective of caste, creed or sex. Article 35 curtails the rights of women of J&K state on marrying to a man with non-state subject. The children of these women lose the right to inherit the immovable property of their mother’s. How discriminatory this Article is? This Article directly or indirectly provides double citizenship to state subjects of J&K but debars other citizens (people of other state of India)to acquire immovable property in J&K state. If therefore curtails the rights to marry outside the state of J&K. So in the sense it is absolute and arbitrary.
Anything that creates a wedge between different groups and divides people is a serious threat to the unity and integrity of a nation. Article 35A provides an opportunity to some political parties to emotionally black mail the public for their pelty interests. Open threats are being given to the highest judiciary of India by some groups to pronounce verdict in the favor of their opininon. If such is the case in a country like India, which always takes more than due care for the welfare of the people of Kashmir-this attitude is difficult to understand. What is the course of law to deal with such situations? What about the justice for law abiding people, who have true faith in judiciary of India?
Art 35A is discriminatory in nature. It is against right to equality and violates human rights as for as rights of woman in J&K is concerned. The need of the hour is to decide the fate of this Article once for all,taking into consideration the view of all sections and stake holders within and outside the state of Jammu and Kashmir. If this article continues in present form, it can have drastic effects on the unity of Jammu and Kashmir state as a whole. It can lead to trifurcation of the state. Besides hampering the development of the state, it can create walls between J&K and other states of Indian union. The common man will be at loss at the cost of pelty game of politicians. The existence of this Article can challenge the immoveable property rights of states subjects of J&K state in other states of India. Those who support art 35-A should surrender the immovable property they possess in other States. The issue needs to be settled for good. The earlier,the better. It no doubt needs bold initiative,keeping in veiw the national interest and humanity.