Taxpayers seek answers

A striking feature of the whole debate over  holding the Urban Local Bodies and Panchayat elections has zeroed in on the fate of the Article 35-A  of the Indian Constitution.  This has become  a sharper issue  following the boycott of polls by National Conference and, in all likelihood, the PDP, also deliberating   it on the similar lines. This is a clash of  constitutional provisions  of the same  constitution through which Jammu and Kashmir enjoys  special rights and privileges and  commitment to the democracy at the grassroots level.

All this was avoidable. Had the  parties  involved in the contest of the constitutional provision in the  Supreme Court courted the reasons instead of  linking it to one or the other issue. There was absolutely no need to link the fate of the Article 35 A in the Supreme Court  to the  holing of Panchayat and Urban local bodies polls. The nuance is that there are serious consequences in store in whatever manner the Article 35 A is decided in the Supreme Court.

   

Not only the Kashmiris and others who want the protection of the  Article 35-A that has now been adopted as an ” Article of Faith”  for them  were presuming the one-sided decision, the Centre too seems to have  places itself on the same  pedestal, giving rise to  a litany of apprehensions. The mention of the law and order situation itself says so many things.

It would be an audacity to enter into argument with the bright legal minds, who asked for the postponement of the hearing of the challenge to the Article 35 A that confers special rights   and privileges to the hereditary  permanent residents  of Jammu and Kashmir  on these grounds, but it is tax payer’s right to know  why this particular line has been adopted in the apex court.   Last year, the argument was that the Government of India had  appointed  Dineshwar Sharma as an interlocutor  on Jammu and Kashmir , implying that he needed time to reach out to the stakeholders  in Kashmir, as if this was anyway connected to an out of the court settlement  of the Article 35-A. Or, were they expecting that  Sharma would work out some kind of miracle and resolve all the issues in three to six months’ time.

When the time came to ask what was progress on the dialogue front and results thereof, the leading legal luminaries changed the track and put the argument in a  different gear that exhibited the preparations for the Urban Local Bodies and Panchayat elections. The apprehension was that  any  presumed verdict, whether in favour of the retention of the Article 35-A or  scrapping of it could create law and order situation in the volatile atmosphere in the Valley or Jammu region. In that sense,  why should any fault be found with the assumption of the separatists and the mainstream in Kashmir who feel that there is something  more than what meets the eye. The State government or the Centre during all these years have connected the  dialogue  and the holding of the polls to the  yet to be decided fate of  the Article, this is  wrong plea. Its pitfalls are becoming obvious. It has already started showing its that has stirred emotional responses in shutdowns and call for unspecific sacrifices for its protection.  Even a suggestion, howsoever, minor, that the Article-35 needed to be balanced in favour of the women who marry the men from outside of the State. While such brides can retain their  hereditary property, get jobs and scholarships, yet they cannot transfer that to their children or husband. The men who marry the women from outside J&K have the right to  pass on their immovable property  and other benefits to their children and wives. They are also entitled to jobs and scholarships. The  women coming to J&K  as brides can be from  part of the planet. This discrepancy  may not be directly connected to the provisions of the Article 35 A, but this is the article that defines children of the women marrying J&K’s permanent residents  as permanent resident and entitles them to all the rights due to the citizens of the state. But the children of the women marrying outsiders are denied the same. This difference has to be reconciled or should there be another law that the women and men of J&K can marry among the permanent residents only. Is that possible? That  will have to be explored. It may sound funny, but a way out has to be found to end this gender discrimination. But at the same time, it becomes very clear that the  Article 35-A is not  an enabler of polls  of any sort nor can it be a  reason for the success of the dialogue. It should instead be used as a reconciliation multiplier among the permanent residents of the State who are getting divided on the communal, regional and sub regional lines. This article should become a rallying point for the convergence toward one idea  of one J&K and one people. That is the need of the hour.

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