Governors rule in J&K has triggered a deep concern about the fate of the Article 35A. The constitutional provision which was extended to the state through a 1954 Presidential Order gives protection to the state subject laws in J&K whereby outsiders are not allowed to settle, acquire property or seek employment in the state.
There are apprehensions about the governments willingness to robustly defend the Article 35A in the Supreme Court where it is facing a serious legal challenge in the form of a set of petitions filed by NGOs and individuals. Earlier, the PDP-led state government had hired top lawyers to defend the provision in the court. Now, there is some uncertainty about how the governors dispensation will deal with the case. More so, when New Delhi which has so far refused to defend the provision in the court is now directly ruling the state.
True, last year, the home minister Rajnath Singh had offered a long-awaited assurance to Valley on Article 35A. In his press conference in Srinagar, Singh said the central government would do nothing that went against the sentiments of people of the state. We wont do anything that goes against the wishes and sentiments of people of Kashmir. We will respect them. The non-issues are being made issues. Singh added that the government had not initiated the case nor had it gone to the court. However, he also didnt promise the defence of the case in the supreme court. So far, the central government has not done so. The Attorney General of India K K Venugopal is on record to have told the court that the government wants a larger debate on the issue, something that signalled to Kashmir that the ruling BJP was not averse to tinkering with the law as it was consistent with its longstanding position on the issue.
In the Valley, the petition is being seen as a conspiracy to change the demography by opening the flood gates of permanent entry points into Kashmir. There are genuine doubts about the governments ability to defend Article35A. There is thus a paranoia about a perceived hostile centre allegedly conspiring to dilute Valleys Muslim majority character. It is bringing into full play the issues of land and identity, hitherto more or less dormant elements of the ongoing conflict which operated so far largely along political and militant dimensions. The legal challenge to the Article 35A and the speculation about its apprehended outcome has created a fraught situation in J&K and if nothing is done to pre-empt this assault, Kashmir could be headed for another eruption sooner than later. It becomes incumbent on the incumbent government to not only assure people about its seriousness to defend the all-important law but also be seen to be doing it.
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